Timeline for New Workplace Health and Safety Act
It is expected the new laws will come into effect on the 1st of January 2012
What the new Act Does
Removing legal labels and pigeon-holes for duties of care and obligations
Focus on cause and effect instead
All who are involved in work being done will have a duty of care – no loop-holes or gaps
Positive duty of care for officers to exercise due diligence
More emphasis on inclusion of all in practical OHS management
Greater clarity – aimed at work participants rather than lawyers and regulators
Enforcement and sentencing aimed at OHS outcomes, not just punishment
Significant changes in all jurisdictions will include:
Moving from employment as basis for duties, obligations and rights
New positive duty of care for officers, with due diligence defined
Broadened consultation obligations – vertical and horizontal
Broadened union right of entry
Greater protection against discrimination and coercion
Emphasis on graduated enforcement but higher penalties
Easier modification of notices
Increased powers of questioning and reduced rights of individuals
Significant changes in some jurisdictions will include:
No reverse onus of proof (NSW and Qld)
No union prosecution (NSW)
Broader powers of health and safety representatives to issue PINs and direct a work stoppage (NSW, Qld, WA, Tas)
Penalties
There will be a significant increase in penalties for some states:
Categories based on degree of ‘culpability’ and risk/degree of harm
Category 1 – recklessness (knew and made or let it happen)
Cat 1: Corporation $3million, Officers 600K / 5 years jail, Workers $300K / 5 years jail
Cat 2: Corporation $1.5 million, Officers $300k, Workiers $150K
Cat 3: Corporation $500k, Officers $100k, Workers $50k
What you can do to prepare now:
Undertake a legal risk analysis
Undertake a gap analysis
Review, revise and supplement policies and procedures (remember current consultation obligations)
Implement – including training and ongoing review
Review contracts – many will operate under the new laws
Design and implement interface co-ordination processes and plans
Develop effective representation and consultation processes
Develop robust issue resolution processes
Ensure effective processes for union right of entry
Review and revise all aspects of corporate governance in WHS to ensure effective management and ‘due diligence’ compliance
