In the last edition of eSAFE we brought you the developments of the nationally harmonised occupational health and safety system, to be implemented in all Australian jurisdictions by 1 January 2011. The public comment period on the draft Safe Work Bill, produced by Safe Work Australia closed on 9 November 2009. A revised Safe Work Bill will be considered by Commonwealth, State and Territory Workplace Relations Ministers in December 2009. Below is an overview of some of the main features of the new Bill.
Duties:
•Persons conducting a business or undertaking owe workers and others a health and safety duty of care. The duty of care is qualified by the term 'as far as is reasonably practicable' and the onus of proving this will be on the regulator.
•The Bill places an obligation on workers to exercise 'reasonable care' to ensure that their acts or omissions do not adversely affect the health and safety of other persons.
Penalties:
•The Bill substantially increases penalties. The most serious offences, Category 1 offences involving recklessness, will be dealt with on indictment in mainstream courts. The maximum fine for corporations is $3 million. Individuals can be fined up to $600,000 with a maximum term of five years imprisonment.
Consultation:
•The proposed Bill contains more detailed provisions for consultative arrangements in terms of the determination of work groups and the process for the election of health and safety representatives.
•For the purposes of consultation, work groups can elect health and safety representatives. The number and composition of work groups to be represented by representatives will be negotiated between workers and the business or undertaking.
•The proposed Bill requires health and safety issues to be resolved in accordance with an agreed procedure or the procedure outlined in the legislation. A representative of a party to an issue in dispute may enter the workplace for the purpose of resolving the issue. Unresolved OHS issues can be referred to the regulator.
•The Safe Work Bill will allow workers to cease work if they have reasonable grounds to believe that to continue to work would expose them to a serious risk from an immediate or imminent exposure to a hazard. This provision codifies existing common law rights. Workers must notify management and can be redeployed to other suitable duties.
•After consulting the person conducting the business or undertaking, health and safety representatives (HSRs) also have a right to direct workers to cease work if there is immediate or imminent hazard. However, the HSR can direct a cease work without consultation under certain circumstances.
More information about OHS harmonisation can be found on the Workplace Health and Safety Queensland website.
Issued by DEIR Workplace Health and Safety Queensland
Last updated 01 December 2009
http://www.deir.qld.gov.au/workplace/publications/safe/dec09/nationalohsact/index.htm
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