Fast Movers 2011
Issue No. 62 - December/January 2011
Work safety reform affects fast movers
by Fiona Tillmann
Although the second reading of the Work Health Safety Bill (SA) was recently adjourned and opposition from industry bodies is being increasingly reported, there is still a strong possibility that the Bill will be passed in the near future, with or without further amendment.
So, now is a very good time to review current workplace safety policies and procedures.
For fast-growing businesses in particular, strategic planning should include careful consideration of future health and safety requirements stemming from a rapid expansion in workforce and any external contracting arrangements, with the primary focus on how specific health and safety issues will be addressed.
It must be remembered that compliance under the current OHS regime is not limited to simply having written policies and procedures in place. There has always been a duty to monitor the health and safety of employees and work conditions, as well as to provide instruction, information and training.
However, under the new regime, in addition to the obligations on business owners (persons carrying on a business or undertaking - PCBU), there is a distinct and positive duty on individual officers - including chief executive officers, company directors and executive managers - to exercise what is referred to in the legislation as due diligence to ensure work health safety compliance.
This means there will be a positive duty to:
• acquire and keep up to date knowledge of health and safety matters
• understand business operations and associated hazards and risks
• ensure resources are available to eliminate or minimise health and safety risks
• ensure the implementation of appropriate processes for incident, hazard and risk reporting
• ensure the implementation of processes for complying with duties and obligations under the new legislation; and
• verify the provision and use of the processes.
Consequently, sole prop...
