OHS Harmonisation - Media Entertainment Industry - April 2011With the public consultation period drawing to a close, the harmonised safety laws across Australia are one step closer to becoming a reality. With only nine months to go until the new laws commence operation, it is important to assess the impact of the new laws and whether your business is in a position to comply.
Significant change for the media and entertainment industry
One of the changes in the Workplace Health & Safety Act that businesses in the media and entertainment industry should pay particular attention to is the broader requirement to consult and coordinate. As there is now a duty on the “person conducting the business or undertaking” (PCBU) to consult with “workers” and not just “employees”, your business must now consult, so far as is reasonably practicable, with its contractors and sub-contractors and their employees, who are directly affected by a health and safety matter. For example, if your business engages contractor or employees who operate at other premises (for example, filming offsite), your business will now have a clearer obligation to consult with controllers of those other sites on safety related issues that may impact on your contractors or employees. It will be important to ensure that your contracts reflect arrangements to deal with this obligation.
The new Workplace Health & Safety Act will also introduce significant changes to the management of safety in Australia, including:
- Duty of Care - an expanded duty of care on all businesses and undertakings
- Leadership – a new positive duty on “officers” of businesses to ensure safety by exercising ‘due diligence’
- Reputation – an approach to enforcement through greater use of adverse publicity orders
- Intervention at the business – greater avenues for intervention by unions and the regulator at your business
- Shift in attitude – by the regulators and courts in adopting a “uniform” approach to investigation and enforcement
We addressed these issues in more detail in the publication OH&S Harmonisation in November 2010. We also provided a User’s Guide to the practical aspects of the Workplace Health & Safety Act.
New Regulations
In addition to the major changes taking place as a result of the Workplace Health & Safety Act, the draft Regulations also will implement significant changes impacting the media and entertainment industry. In general terms, some of the areas that businesses operating in the media and entertainment industry will need to consider are the following:
- General Workplace Management – There are changes to the requirements for emergency plans and procedures, first aid and review of general workplace management measures. In particular, there is a duty to review general workplace management measures if:
- there is a significant change to the workplace or work systems;
- a risk control measure does not control the risk;
- a notifiable incident occurs; or
- a health and safety representative requests a review.
Importantly, there is a duty to also test emergency procedures and also to ensure that any visitor or consultant who is supplying their own personal protective equipment when visiting premises, uses that equipment and that it is suitable to minimise risks to the person’s health and safety.
- Falls – Regulations will now provide that a business must identify all fall hazards associated with the business and identify and control the risks of persons falling by adopting the hierarchy of controls. This hierarchy includes performing the work on the ground or a solid construction, the use of fall prevention devices and, ultimately, implementing administrative controls. If administrative control measures are the only control mechanism used then there must be a record as to why other measures are not being implemented.
- Diving – New Regulations for incidental diving whereby a person my dive without qualifications if the dive is not part of their primary work, for example, an actor filming an underwater scene. The person must be accompanied and supervised by a person competent to perform general diving work.
- Plant and Structures – Stunt and theatrical work is exempt from provisions relating to plant that lifts or suspends loads. There are requirements for safe storage of amusement devices and a professional engineer must inspect amusement devices every 12 months.
New Codes of Practice
Businesses will also need to pay careful attention to the new codes of practice to be issued by Safe Work Australia including those relating to:
- how to manage work health & safety risks
- how to consult on work, health & safety
- managing the work environment and facilities
- specific plant codes, including amusement devices and heritage plant
- first aid
- fatigue
- bullying
For further information about the new safety laws, please feel free to contact our office.