Work Health and Safety Update
Safe Work Australia held their scheduled meeting on Friday 16 March, where they discussed the Work Health and Safety (WHS) harmonisation process.
Tasmania has passed the legislation, with an operative date of 1 January 2013 for their State.
In addition, Safe Work Australia will be releasing a further five WHS Codes of Practice for a 12 week public comment period from early April 2012. The Codes of Practice to be released will be:
- Safe design, manufacture, import and supply of plant
- Working in the vicinity of overhead and underground electrical services
- Traffic management in workplaces
- Scaffolding work
- Formwork and falsework.
Safe Work Australia members have also endorses a further six Codes of Practice, which will be sent to the Ministerial Council for approval (along with six codes that were previously agreed to by members).
Work Health and Safety on Parliamentary Agenda
The Work Health and Safety (WHS) legislation is on the agenda to be debated in the Legislative Council (Upper House) this week.
The Bill was restored in the Upper House on 15 February 2012 and was restored by Minister for Industrial Relations, Russell Wortley.
Late last year, Premier Jay Weatherill announced that they would effectively end the session of Parliament and begin a new session this year.
This meant that a number of bills lapsed and needed to be reintroduced when Parliament sat for the first time this year. This is the reason the Bill was ‘restored’ and not introduced.
In addition, debate on the Bill was officially adjourned in November last year.
Work Health and Safety Update
The Work Health and Safety Bill 2011 did not pass Parliament in time for the original 1 January 2012 start date. A motion to defer debate on the Bill until 2012, which was led by the Opposition, was successfully passed in the Legislative Council (Upper House) on 30 November 2011.
State Parliament does not reconvene again until 14 February 2012 and the State Government is yet to announce an alternative commencement date for the proposed new laws.
The following is a recap of the harmonisation progress for all other States and Territories.
Australian Capital Territory (ACT)
The ACT was one of the first jurisdictions to pass Work Health and Safety (WHS) legislation, passing their Work Health and Safety Bill on 20 September 2011. The laws commenced on 1 January 2012.
Commonwealth
The Commonwealth jurisdiction covers all Federal Government employees and their Bill was passed on 25 November 2011 and taking effect on 1 January 2012.
New South Wales
New South Wales was the second State to pass the WHS legislation, passing on 1 June 2011. The new laws were adopted as of 1 January 2012.
Northern Territory
The legislation was passed in December 2011 and commenced in the Northern Territory on 1 January 2012.
Tasmania
The Tasmanian Legislative Council (Upper House) adjourned debate on their Bill until Parliament sits again on 9 March 2012.
Queensland
Queensland was the first State to pass the laws, on 26 May 2011. The WHS laws will take effect on 1 January 2012.
Victoria
The Victorian Government did not introduce any WHS legislation to their Parliament during 2011. They have stated they will conduct their own Regulatory Impact Statement (RIS) to determine the impact and cost of harmonisation on Victorian businesses and employees before they proceed with the harmonisation process.
Western Australia
Western Australia called on the Federal Government to delay the set date of 1 January 2012 by a full twelve (12) months. The Western Australian Government is yet to announce when they will introduce the legislation.
WHS: What you need to know
The harmonisation of Australia’s Work Health and Safety (WHS) laws will affect all South Australian business and all industries directly.
If the WHS becomes law, from the first day it takes effect, you will need to ensure you are compliant with the new laws or face penalties of up to $3 million.
The following are some examples of key changes you will need to know and understand when the legislation comes into effect in South Australia:
- There will be higher penalties for breaching the laws including up to five years jail time for individuals and up to a $3 million fine for corporations.
- All officers must keep up-to-date and informed about health and safety issues in order to maintain compliance - read on to discover how we can help you ensure your compliance with both the current and incoming laws.
- Policies and procedures are necessary to ensure compliance, including social media policies.
- Unions will have greater right of entry provisions under the new laws and will be allowed to advise and consult with your employees regarding WHS.
- Persons Conducting a Business or Undertaking (PCBU) will have a responsibility to provide a safe workplace to all workers (including contractors and labour hire workers), as well as a reasonable duty of care for clients and customers.
These are just a snapshot of the huge range of changes that will be coming in with the introduction of the new harmonised laws.
Want an easy solution to keeping up-to-date with the latest issues in the world of health and safety to ensure your compliance with the new laws?
Business SA’s OHS Legislative Changes Service is the perfect solution. It offers subscribers monthly updates regarding any changes to legislation, relevant reports and public comment documents, as well as information papers and resource material such as reports and publications. The Service covers both National and State issues to help you meet your legislative requirements. To find out more or to purchase the OHS Legislative Changes Service, visit the Business Bookshop.
For more information or advice about your requirements under the current or incoming health and safety laws, call the Business Advisory Centre on 08 8300 0101.
WHS Delay May Apply for Some SA Businesses
Despite the laws not being introduced by the set date, Federal Workplace Relations Minister, Chris Evans, has still announced that businesses in some sectors may be given an additional 12 months to transition to the harmonised Work Health and Safety (WHS) Regulations.
Safe Work Australia has confirmed that the transitional period is likely and may apply to sectors where the Regulations will introduce “a new or significantly different set of duties.”
This may apply to South Australian construction companies, as well as businesses engaged in electrical work in some States and Territories.
Safe Work Australia will release guidance material to the Regulations’ transitional provisions soon.
