NOTE – this presentation has been designed for use by ... · This version of the ‘You and the WHS Act’ presentation identifies the WHS Act as the WHS Bill until passed by Parliament.

NOTE – this presentation has been designed for use by organisations and agencies that come under the Commonwealth health and safety jurisdiction

This version of the ‘You and the WHS Act’ presentation identifies the WHS Act as the WHS Bill until passed by Parliament. Once passed, this version of the session will be updated to a new version that will alter the reference to WHS Act 2011 (Cth)

This has been designed for use as a presentation or as speaking note prompts for managers and team leaders. The aim is to promote discussion at team meetings and in any other desired setting that allows for workers to be informed of the new WHS laws and how they apply to them.

Any feedback, changes, suggestions to be directed to:[email protected]

August 2011 Version 2.1

mailto:[email protected]

August 2011You and the WHS Act

WHY WE ARE HERE

The purpose of this session is to raise your awareness about the Work Health and Safety Bill 2011 and other related legislation.

GROUP DISCUSSION

What do you hope to learn today about the new work health and safety laws?

SESSION OVERVIEW

Harmonisation Background WHS Bill 2011

Harmonisation and your

workplace

LEARNING OUTCOMES

By the end of this session, you should be able to:• Explain the purpose of harmonising work health

and safety laws• Describe where we are in the implementation

timeline• Identify the key changes in the new WHS laws• Summarise your responsibilities• Outline the consultation, participation and

representation provisions in the new laws that may impact you.

HARMONISATION TIMELINE

Model WHS Regulations and

Codes of Practice

Recommendation to harmonise

OHS laws

Inter-Governmental

Agreement (IGA) signed

Implementation 1 January 2012

2006 2008 2009 2010 2011 2012

Safe Work Australia

established

Model Act released for public

comment

Education and transition phase

We are here.The

Commonwealth WHS Bill 2011 is

now with parliament

WHY HARMONISE?

EXAMPLE

Key Fact:To harmonise means to make consistent.

WHY HARMONISE?

• Develop equitable and effective health and safety standards and protections for all Australians.

• Address the compliance and regulatory burdens for employers with operations in more than one state.

• Create efficiencies in government in providing regulatory and support services.

OVERVIEW OF WHS BILL 2011

WHS Bill

Incident notification

(Part 3)

Scope, object and definition

(Part 1)

Health and safety duties

(Part 2)

Consultation, representation

and participation

(Part 5)

Authorisations(Part 4)

Discriminatory, coercive and

misleading conduct(Part 6)

Workplace entry by WHS entry permit holders

(Part 7)

The regulator(Part 8)

Securing compliance

(Part 9)

Enforcement measures(Part 10)

Enforceable undertakings

(Part 11)

Review of decisions(Part 12)

Legal proceedings

(Part 13) General(Part 14)

KEY DIFFERENCES

OHS Act WHS Bill Principal duties on employers Principal duties on PCBUs

No officer duties Officer duty of due diligence

Largely civil enforcement Criminal enforcement

Employee/contractor Worker

Criminal penalties to $495 000 ($242 000 civil breach)

Penalties up to $3 million, $600 000 for an individual and/or five years prison

Fines, injunctions, remedial orders, enforceable undertakings

Same plus range of other orders and imprisonment

Investigators Inspectors

No issue resolution procedures Issue resolution procedures

No union entry Union right of entry

KEY DIFFERENCES

OHS Act WHS BillPrincipal duties on employers Principal duties on PCBUs











KEY DIFFERENCES

OHS Act WHS Bill Principal duties on employers Principal duties on PCBUs











EXAMPLE REGULATIONS

The WHS Regulations complement and support the general duties under the WHS Bill.

Example regulations that cover specific areas include:• construction work (Chapter 6)• hazardous chemicals (Chapter 7)• asbestos (Chapter 7)• mines (Chapter 9).

Regulations apply to PCBUs, officers (as defined by the Bill) workers and others.

CODES OF PRACTICE

• The purpose of the WHS Codes of Practice is to provide practical guidance to PCBUs, officers and workers on achieving the standards of health, safety and welfare required under the WHS Bill and the WHS Regulations.

• WHS Codes of Practice are admissible in court proceedings under the WHS Bill and WHS Regulations.

EXAMPLE CODES

The Codes of Practice are critical to understanding the duties contained in the model WHS Bill and Regulations.

The Codes of Practice represent the guidelines in how to implement the WHS Bill. Example of priority stage 1 codes include:

• managing noise and preventing hearing loss at work• hazardous manual tasks• confined spaces• how to prevent falls at workplaces.

COMCARE AS REGULATOR

Comcare will be the regulator of the WHS Act 2011 (Cth).

Key Fact:Regulator functions are covered in Part 8 of the WHS Bill.

Advise

Recommend

Monitor

Inform

Co-operate

Consult

Promote Functions of regulator

Enforce compliance

WORKERS AND OTHERS

Key Fact:These duties are covered in Part 2 of the WHS Bill.

GROUP DISCUSSION

What does consultation mean to you?

What role can you play in the consultation process?

OTHER KEY PROVISIONS

Consultation, Participation and Representation

The PCBU has an obligation to consult

with workers

Health and Safety Representatives

(HSRs) elected for work groups on request

Health and Safety Committees

established on request

Key Fact:These provisions are covered in Part 5 of the WHS Bill.




with workers





• Any worker• Appointed/elected on

request from a worker• Three-year term• Powers include directing

cessation of work or issuing PINs

• Duties include inspections or establishing Health and Safety CommitteesKey Fact:

These provisions are covered in Part 5 of the WHS Bill.




with workers





• Any worker• Appointed/elected on

request from a worker• Three-year term• Powers include directing

cessation of work or issuing PINs

• Duties include inspections or establishing Health and Safety CommitteesKey Fact:

These provisions are covered in Part 5 of the WHS Bill.




with workers





• Established on request from an HSR or five or more workers

• Meet at least every three months (or at reasonable time)

• At least half the members must not have been nominated by PCBU

• Facilitate cooperationKey Fact:These provisions are covered in Part 5 of the WHS Bill.



The PCBU obligation to consult


(HSRs)


Workers


Other Features in Consultation, Participation and Representation

Issues resolution

Provisions against discrimination,

victimisation and coercion

Right to cease unsafe work

UNIONS

Entry permit holders under WHS Bill have right of entry to a workplace:

• without notice to inquire into a suspected contravention• with 24 hours notice for advice or consultation (no

suspected contravention)• with 24 hours notice for document requests.


INCIDENT NOTIFICATION

PCBUs have a duty to notify the regulator about:• Serious injuries or illnesses that arise out of work• Dangerous incidents that occur at a workplace.


GROUP DISCUSSION

Overall, what part can you play in contributing to a healthy and safe workplace?

What is your role as a worker to report incidents?

CHECKPOINT

QUESTION ONE• Why do we need harmonised WHS laws?

QUESTION TWO• When the WHS Bill becomes an Act passed by

parliament, when will it apply?

QUESTION THREE• The legislation framework is made up of the WHS Bill,

Codes of Practice and what else?

CHECKPOINT

QUESTION FOUR• The term Person Conducting the Business or

Undertaking (PCBU) replaces which term under the OHS Act?

QUESTION FIVE• What is the standard of care we must apply in our work

activities under the WHS Bill?

QUESTION SIX• Under the WHS Bill, the definition of which word is now

broader to capture a range of work relationships.

RESOURCES

There is a range of information available from Comcare harmonisation website www.comcare.gov.au/whs.

http://www.comcare.gov.au/whs

SUMMARY

As we continue the harmonisation journey, keep the following points in mind:

• The purpose of the WHS Bill is to harmonise the health and safety laws across all jurisdictions.

• Harmonisation means the introduction of a new WHS Act, WHS Regulations and Codes of Practice.

• Comcare will be the regulator for the Commonwealth jurisdiction.

• Workers have a duty to take reasonable care for their own health and safety and others

• There are resources available either through your intranet or Comcare’s harmonisation website www.comcare.gov.au/whs

http://www.comcare.gov.au/whs

POLL

Compare your level of awareness before and after the session.

Low

Before the session, I would rate my awareness of harmonisation and the WHS Bill as:

High

1. 2. 3. 4. 5.

Low

After the session, I would rate my awareness of harmonisation and the WHS Bill as:

High

1. 2. 3. 4. 5.

NOTE – this presentation has been designed for use by ... · This version of the ‘You and the WHS Act’ presentation identifies the WHS Act as the WHS Bill until passed by Parliament.

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