What exactly will OHS Harmonisation mean for you and your business and what will the penalties and fines under the new laws be?
The purpose of the WHS Act 2011 is to harmonise existing Occupational Health and Safety legislation across Australia through the creation of uniform health and safety obligations. Our later article discusses which states will commence this new legislation from January 1st 2012 and which will be delayed.
While dates have been set for commencement it has been announced that businesses will be able to postpone implementing new occupational health and safety regulations by up to twelve months, if the regulations require them having to make significant changes and require a long period of time.
Federal Workplace Relations Minister Chris Evans has stated that Safe Work Australia has arrangements to assist businesses in the transition into the new system on January 1. Evans said the extension would be granted to businesses that have to fulfil the model regulations which subsequently would require the completion of several duties.
The new WHS Act 2011 seeks to:-
- Protect workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant
- Providing for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety
- Promote the provision of advice, information, education and training in relation to work health and safety
- Provide a framework for continuous improvement and application of higher standards of work health and safety
In this article we will focus on the increase in potential penalties and fines – under the new laws, companies face fines up to $3 million per offence, while individuals face fines of $600,000 or 5 years in jail.
What happens if a serious injury, illness or dangerous incident occurs?
Under the work health and safety laws, incidents such as fatalities, serious injuries and illnesses, and dangerous incidents must be notified to WorkCover immediately, and incident records must be kept for five years.
If you are the person with management of control of the workplace, you must also preserve the incident scene until an inspector attends, or directs otherwise. Render assistance, if it is required, and allow police and ambulance officers to fulfil their functions.
If someone suffers an injury or illness where workers compensation is, or may be payable, contact your insurer within 48 hours.
What is a serious injury or illness?
A serious injury or illness includes:-
- an injury or illness that requires immediate treatment as an ‘in-patient in hospital’
- amputation
- serious head, eye or burn injuries
- de-gloving or scalping
- spinal injury
- loss of bodily function
- serious laceration
- exposure to a substance, which requires medical treatment within 48 hours
What is a dangerous incident?
A dangerous incident exposes someone to a serious risk, such as:
- the uncontrolled escape, spillage or leakage of a substance
- uncontrolled implosion, explosion or fire
- electric shock
- the uncontrolled escape of gas, steam or pressurised substance
- falls from height of any machinery, equipment, substance or the like
- damage to any plant that requires authorisation in accordance with the WHS Regulations (eg registrable plant)
- collapse, malfunction or damage to any authorised plant
- the collapse of a structure or excavation (including shoring)
- an inrush of water, mud or gas
- the interruption of underground ventilation.
How will you be penalised for breaching your duties?
|
|
Company |
Officers |
Workers |
|
Category 1 Reckless Conduct |
$3,000,000 |
$600,000 or 5 years imprisonment |
$300,000 or 5 years imprisonment |
|
Category 2 |
$1,500,000 |
$300,000 |
$150,000 |
|
Category 3 |
$500,000 |
$100,000 |
$50,000 |
What is reckless conduct?
A person engages in reckless conduct if they, without reasonable excuse, engage in conduct that exposes an individual under their duty of care to the risk of death or serious injury or illness.
What is breach of primary duty?
A breach of primary duty is when a person engages in actions or omissions that expose others to risk of serious injury/illness.
What is breach of regulatory duty?
A breach of regulatory duty is when a person fails to comply with a duty.
Is this something that could be an issue at your place? Inspire Success is all about implementing practical solutions that help create high performing workplaces which are customer focussed and free of conflict - no matter what size your business is. Contact Rae Phillips at Inspire Success for further information raephillips@inspire-success.com
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