ASPECTS OF MODEL WHS LAWS, PITFALLS

AND ISSUES FOR SMALL BUSINESS

Malcolm BurginManaging DirectorOccSafe Australia Pty Ltd

“What would you say is one of the major

challenges you face in your business?

If I said 'workplace health and safety' would that be

correct?”

PERSON IN CONTROL OF A BUSINESS OR UNDERTAKING

PCBU

Who has Control in the Workplace?

PCBU This is the principles that apply to all duties in the Work Health and Safety Act 2011

1. A duty is not transferable 2. A person may have more than one duty 3. More than one person can have the same duty 4. Risks are managed to ensure they are eliminated or minimised, so far as is reasonably practicable.

PCBUA PCBU has further obligations if involved in specific kinds of activities such as: The management and control of workplaces, or fixtures, fittings or plant at workplaces

The design, manufacture, import or supply of plant, substances or structures

Installation, construction or commissioning of plant or structures

The PCBU must meet its obligations, so far as is reasonably practicable, to provide a safe and healthy workplace for workers or other persons by ensuring: Safe systems of work A safe work environment Accommodation for workers, if provided, is appropriate

Safe use of plant, structures and substances

Facilities for the welfare of workers are adequate

Notification and recording of workplace incidents

Adequate information, training, instruction and supervision is given

Compliance with the requirements under the work health and safety regulation

Effective systems are in place for monitoring the health of workers and workplace conditions

PCBUs must also have meaningful and open consultation about work health and safety with its workers and others for who they share an obligation.

DEFINITION OF AN OFFICERAn officer is a broad term that applies to people who can make decisions that significantly affect a business or undertaking

Any person who can make, or participate in making, decisions that affect the whole, or a substantial part, of the business

DEFINITION OF A WORKER Employee Trainee Volunteer Outworker Apprentice Work experience student Contractor or sub contractor Employees of a contractor or sub-contractor Employee of a labour hire company assigned to work

for a PCBU

REASONABLY PRACTICABLE

'Reasonably practicable' means doing what is effective and

possible to ensure the health and safety of workers and

others.

WHEN DETERMINING WHAT IS REASONABLY PRACTICABLE

1. The likelihood of the hazard or risk occurring 2. The degree of harm from the hazard or risk 3. Knowledge about ways of eliminating or minimising the hazard or risk 4. The availability and suitability of ways to eliminate or minimise the risk.

COST

The more likely the hazard or risk is, or the greater the harm that may result from the hazard, the less

weight should be given to the cost of eliminating or minimising the risk.

Malcolm BurginManaging Director0412 997 314