OH&S Harmonisation - New Workplace Health and Safety Laws

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New Workplace Health and Safety Laws commence on 1 January 2012

LATEST NEWS: Publication of the Regulations

Safe Work Australia has now published the model Work Health and Safety Regulations. These have been approved by the Workplace Relations Ministers’ Council. They will be adopted by all jurisdictions in Australia with some minor modifications.

Is your business ready?

Given the imminent commencement of the new laws, it is important to examine how the changes will impact your business. We addressed these issues in more detail in the publication “OH&S Harmonisation”. We have also prepared a User’s Guide to the practical aspects of the Workplace Health & Safety Act. This User’s Guide provides you with a quick reference to understanding the safety obligations that are imposed on your business from 1 January 2012.

Using the new laws to your advantage

The new safety laws offer businesses the opportunity to take the lead from their competitors and not just focus on compliance. The harmonised laws will raise the safety bar across all industries and those businesses which are able to embrace them effectively can distinguish themselves from their competitors.

Consultation

One critical area will be the ability to effectively manage the new consultation laws which requires consultation on safety matters extending not only to workers but also to suppliers, manufacturers, contractors and other organizations impacted by the operations of any particular business. Clear processes and agreements dealing with this part of the new laws will lead to a better safety outcome, increased savings and a significant commercial advantage over competitors.

Duty on officers

In addition, how a Board deals with the new positive duty of care on all officers of a business may also prove critical when it comes to securing important tenders. This new duty will require all senior managers of the organisation to be able to demonstrate that they understand the safety risks of the organisation and are taking steps to ensure that the business is complying with the new safety laws.

Enforcement

Finally, those businesses that take a proactive approach in forming alliances with the safety regulators, as they themselves come to grips with the new laws, may put them in front of their competitors should any incident regrettably lead to the consideration of enforcement action.

The safety regulators will now have a greater range of discretionary enforcement tools that mean hefty fines are not necessarily the only outcome. For example, the safety regulators, for the first time in some jurisdictions, can exercise their discretion not to fine a business, but to enter into an enforceable undertaking. If a business is looking to protect its reputation following a serious incident, the exercise of this discretion will be critical.

How can we help?

In the lead up to the introduction of the new laws, we can offer the following assistance:

For further information about the new safety laws, please contact our team:

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.