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Navman Wireless Australia

Navman Wireless Australia. WH&S Legislation. What is the Work Health & Safety Act . A legal document to bring in compliance relating to providing balanced framework to secure the health and safety or workers and workplaces .

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Navman Wireless Australia

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  1. Navman Wireless Australia WH&S Legislation

  2. What is the Work Health & Safety Act • A legal document to bring in compliance relating to providing balanced framework to secure the health and safety or workers and workplaces. • Commenced on 1 January 2012 in many states and territories to harmonise occupational health and safety (OH&S) laws across Australia. • Most remaining states are expected to move to the new model WH&S Act by the start of 2013 (WA, VIC, TAS). • All states has its own laws about WH&S, but comply with the WH&S Act 2011. • A business vehicle is regarded as a workplace under the new model. • A duty of care is imposed on employers to ensure the health and safety of their mobile employees within their workplace – the vehicle. • The new legislation also stipulates that the vehicle must be operated by a competent employee and requires managers to do what is ‘reasonably practical’ to ensure the health and safety of their mobile workforce.

  3. What are the key questions to WH&S changes? Confidential | 3

  4. Who is responsible? Confidential | 4

  5. What are my responsibilities? Demonstrating Due Diligence Division 4 (5) In this section, due diligence includes taking reasonable steps: • (a) to acquire and keep up-to-date knowledge of work health and safety matters; and • (b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and • (c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and • (d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and • (e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or Reasonable Steps Subdivision 2 What is reasonably practicable 18 What is reasonably practicable in ensuring health and safety In this Act, reasonably practicable, in relation to a duty to ensure health and safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters including: • (a) the likelihood of the hazard or the risk concerned occurring; and • (b) the degree of harm that might result from the hazard or the risk; and • (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk; and (ii) ways of eliminating or minimising the risk; and • (d) the availability and suitability of ways to eliminate or minimise the risk; and • (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk,

  6. What are the ramifications? • Category 2 • Failure to comply with health and safety duty • A person commits a Category 2 offence if: • (a) the person has a health and safety duty; and • (b) the person fails to comply with that duty; and • (c) the failure exposes an individual to a risk of death or serious injury or illness. • Maximum penalty: In the case of an offence committed by an individual (other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking)—$150 000. • In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking— $300 000. • In the case of an offence committed by a body corporate—$1 500 000. • Category 1 • Reckless conduct • (1) A person commits a Category 1 offence if: (a) the person has a health and safety duty; and (b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and (c) the person is reckless as to the risk to an individual of death or serious injury or illness. • Maximum penalty: a person conducting a business or Undertaking(PCBU)—$300 000 or 5 years imprisonment or both. In the case of an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking(PCBU)— $600 000 or 5 years imprisonment or both. In the case of an offence committed by a body corporate—$3 000 000.

  7. What do they mean by workplace? • 8 Meaning of workplace (1) A workplace is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. (2) In this section, place includes: (a) a vehicle, vessel, aircraft or other mobile structure

  8. Where does Navman Wireless fit in? Key HSE Questions Does NW answer the criteria? • Where are my employees and are they safe? • Do I know if the vehicle is safe? • Can I communicate with them? • Can I communicate with them if they are in a remote area? • What is their driver behavior like? • Have I got a system in place in case of injury? • Will I know if there is impact/injury? • How can I reduce the risk exposure? • Do I know if an employee working outside a vehicle is safe? Confidential | 8

  9. How does this ruling affect NW? Questions for customer to consider • Are you aware of the new legislation? • Everyone with a vehicle or fleet of vehicles HAVE to do due diligence on the fleet • Do they have a company driving policy? • Are pre-vehicle checks part of the policy or drivers responsibilities? • What are your drivers exposures to danger? Remote, area/ Hazardous area / Long distance trips • What are your policies around fatigue management? • Do they know where their employees are? • What are the driving behaviours like within the company? • What Journey Management procedures are in place? • If the customer is unsure or doesn’t have policies around the above – they will be liable / answerable if anything happens Confidential | 9

  10. NW Solutions to the new policies • Qube 4 • Iridium Satellite Communications • Driver Behaviour Scorecards Confidential | 10

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