The Commonwealth, state and territory governments have agreed to harmonise their occupational health and safety laws so they are uniform in each state. The new laws in New South Wales commenced on 1 January 2012, and it is important that you know how the new laws will affect you and your business, writes REBECCA McKENZIE.
The Work Health and Safety Act is now in full force in New South Wales. It imposes a duty on businesses to reasonably ensure that the health and safety of their workers is not put at risk. It’s important to be aware that the new laws affect all businesses, regardless of their size or industry base. The aim of the legislation is to provide greater safety protection for all workers, with such aim requiring an increased obligation on businesses.
There are significant changes brought about by the Act, which require an increased obligation on employers to provide a safe work environment and health and safety information. There are also additional requirements on employers to ensure that training, instruction and supervision standards are met. The duties in this regard also extend to monitoring the health of workers and workplace conditions to prevent illness or injury. The required standard is in terms of what is ‘reasonably practicable’.
What might be of further interest to your business is that the previous reverse onus of proof has been removed, with the prosecuting authority now having to prove that a breach was committed. These are just some of the changes that have been implemented by the Act. The definition of a ‘worker’, for example, has been broadened to include not just employees but anyone who carries out work in any capacity, including volunteers.
Workers have an express duty to take reasonable care of themselves at work. Notwithstanding this positive obligation on the worker, directors of employer companies, which under the new Act are classified as the ‘Person Conducting a Business or Undertaking’ or PCBU, have a positive duty of due diligence, to ensure that the PCBU complies with its duties. Directors will have to take steps to ensure that company records are kept up-to-date in relation to all health and safety matters, and they’ll also have to gain an understanding of the risks associated with the operations of their business.
