New National Occupational Health and Safety Laws under Development
June 29, 2010
Work is continuing on the development of a harmonised OHS legislation that would replace the current individual legislation in each state.
Currently all states, territories and the Commonwealth are responsible for making and enforcing their own OHS laws. Although these draw on a similar approach for regulating workplaces, there are some differences in the application and details of the law. This issue has been addressed through an intergovernmental agreement where, for the first time, governments from each state and territory and the Commonwealth have formally committed to the harmonisation of the OHS legislation.
To support this harmonisation initiative, Safe Work Australia was formed as the principal national body responsible for occupational health and safety (OHS) and workers’ compensation arrangements across Australia. Recently, the Safe Work Australia members who represent all states and territories, agreed by majority to endorse the current version of the amended Model Work Health and Safety (WHS) Act and to recommend it to the Workplace Relations Minister (WRMC).
Key Changes in the Work Health and Safety (WHS) Act:
In many cases, the model Act draws on existing state OHS requirements. However, it also introduces some new additions or clarifications. Some of the main changes included in the model legislation are outlined below:
Broader definition of “worker”
- The new Act recognises the changing choice of work options and provides a broader definition of ‘worker’ and work environments.
Due diligence
- The model Act clarifies that the officers of corporations have an obligation to exercise due diligence to ensure the company’s duty of care.
Union rights
- Unions will lose the power to prosecute for an OHS offence, which is currently allowed in NSW.
- Unions will have the right to enter any workplace to:
- Investigate suspected breaches of the OHS Act or regulations.
- Consult with and provide advice to workers on OHS issues.
- Consult with the person in control of a workplace on OHS issues.
OHS consultation
- Health and safety representatives will have the power to direct work to cease where they feel the work will pose an immediate threat to any person. They can also issue provisional improvement notices. These powers would be new to New South Wales and Tasmania.
- Clearer guidelines will be provided on employee consultation requirements. This includes the need to consult when:
- Identifying hazards and assessing the risks of work performed.
- Making decisions about ways to eliminate or control those risks.
- Proposing changes that may directly affect the health and safety of workers.
- Making decisions regarding OHS procedures.
Incident notification
- Incident notification requirements will be uniform across all states with the employer having responsibility to notify the regulator immediately when there is a fatality, serious injury, serious illness or a dangerous incident.
Role of inspectors and regulators
The role of inspectors and regulators will be nationally consistent and will include:
- Inspectors will be able to:
- Investigate suspected breaches of OHS legislation.
- Issue infringement notices, improvement notices and prohibition notices.
- Provide advice and assist in the resolution of issues at workplaces.
- A regulator will be able to:
- Seek an injunction when there is an ongoing breach of a prohibition notice
- Compel compliance with an improvement notice after the time period has expired.
- Codes of Practice will be used to help courts decide what is reasonably practicable in certain circumstances. However, employers will also be able to demonstrate compliance through other ways than those prescribed in relevant Codes of Practice.
The current version of the Model Work Health and Safety Act can be downloaded from:
http://www.safeworkaustralia.gov.au/swa/Model+Legislation/Model+Work+Health+and+Safety+Act/
Next Steps:
Each state and territory and the Commonwealth will be required to enact regulations that reflect the model work health and safety laws by the end of 2011. It is expected that all laws will commence on 1 January 2012.
Some model Codes of Practices may be developed and implemented at the same time as the model WHS Regulations. However, development and implementation of further model Codes of Practice and guidance material will continue beyond December 2011.
Timeline for introduction of the harmonised OHS Legislation is:
| September 2009 – September 2010 | Model work health and safety (WHS) Regulations for all other matters developed. |
| November 2010 – January 2011 | Model WHS Regulations for all other matters released for public comment. |
| June 2011 | Model WHS Regulations submitted to Workplace Relations Ministers’ Council (WRMC) for agreement. |
| December 2011 | All jurisdictions to enact the Model Work Health & Safety Act and model WHS Regulations and complete all related transitional arrangements. |
Written by David Ginpil
Head of Safety & Risk Management, RiskLogic Pty Ltd
Ongoing Pandemic Preparedness
June 21, 2010
The 2009 global outbreak of the H1N1 influenza virus (swine flu) demonstrated how quickly a pandemic situation can arise. Whilst the virus itself has proven to be only mild, health officials continue to monitor outbreaks of the H1N1 virus, as well as other influenza strains, across the globe. In addition, the Australian government continues to respond as per the pandemic response “Protect” phase, with the focus on those who are particularly susceptible to the virus.
With our main flu season not yet underway, only sporadic detections of seasonal and pandemic influenza have been reported across Australia so far this year. Therefore, rather than become complacent, businesses should take the opportunity now to review and refine their pandemic plans and policies in readiness for the flu season.
So what lessons have we learned as a result of the swine flu pandemic that will aid businesses in becoming better prepared?
1. Sound and adaptable plans.
Pandemic Management Plans need to be adaptable to changing conditions and to the severity of the virus or disease. The team responsible for implementing the plan must realise that the plan is to be used as a guide to assist with the decision making process. Each new type of disease or virus can alter whether certain actions within a response plan are appropriate. Common sense and good judgement should still be employed.
2. Communications.
With mass media coverage and often inconsistent and inaccurate information abounding, organisations must take responsibility for communicating appropriate and accurate information in a timely manner to its employees. To help allay fears that employees may have, it is vital to provide regular information about the situation and how the organisation will handle the impending threat. Prompt and frequent communication will help to allay fears that employees may have and to provide information on how the organisation will handle the impending threat. A crisis communication plan should also consider how messages will be distributed to employees.
3. Alternate work arrangements.
Organisations need to be ready for a good proportion of their staff to work from home or an alternate location. Have the IT requirements to enable such a strategy been considered? For example, is remote access available for critical staff? If this has already been incorporated into the company pandemic plan, have the IT capabilities been confirmed and tested?
4. Staff Pandemic Leave Policies.
Policies need to be in place to govern the organisations actions should an employee be exposed to, or become ill with the virus. A considerable number of organisations were caught without a policy or accurate knowledge as to their rights and responsibilities in the event that an employee was suspected or confirmed with having the H1N1 virus. Was the organisation within its rights to ask the employee to stay home? Could they force an employee to take sick leave? Do we have succession plans in place to cover our critical functions? These are a few of the issues that a staff pandemic leave policy should address. Relevant workplace authorities should be consulted in developing these policies.
5. Availability of pandemic supplies.
Within days of the virus having been confirmed within Australia during 2009, stores of pandemic supplies such as masks and gloves became difficult to come by and prices increased dramatically. Whilst common sense needs to prevail in the ordering and stockpiling of such items within an organisation, this occurrence does highlight a need for the purchase of PPE to be included as an action item to be considered during the early phases of a potential pandemic.
6. Review and Test.
Whilst a lot of organisations have developed pandemic management plans, having a plan that sits on a shelf is not sufficient. The plan needs to be reviewed regularly and most importantly tested. Only once the plan is tested can gaps be identified and further lessons learned.
Remember, a pandemic requires a whole of society approach. It is not enough for the Government to be prepared, businesses need to take responsibility to ensure they can respond effectively to a pandemic threat.
Written by
Jodie Wentworth
Senior Consultant, Business Continuity, RiskLogic
Reforms to Retirement Village Laws
June 16, 2010
Important changes to the Retirement Villages Act and Regulation came into effect on 1 March 2010. The changes include:
- annual management meetings between operators and residents
- annual safety inspections
- a settling-in period for new residents
- reducing the recurrent charges payable by a former occupant after vacating
- encouraging operators to keep recurrent charge increases at or below the rate of inflation
- increasing operators’ accountability for budget deficits
- ensuring urgent repairs are carried out quickly
- cutting red tape for smaller village operators
- improving the way residents committees operate and making it easier for more residents to be involved
- giving residents the right to make reasonable alterations to their dwelling
- better protection of refund entitlements for residents who do not have a registered interest in their dwelling.
Of specific significance are the changes to safety and emergency management procedures:
“All village operators are required to prepare written safety and emergency procedures and take reasonable steps to ensure that residents and staff are familiar with such procedures. Operators are also required to conduct a safety inspection at least once each year and report back to residents on the findings of these inspections.”*
For further information regarding these changes visit http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Retirement_villages/ Reforms_to_retirement_village_laws.html
*Source: NSW Government, Fair Trading
Queensland Fire Safety Regulations
June 16, 2010
The Queensland Building Fire Safety Regulation 2008 became effective on 1 July 2008 and introduced a number of changes to the Queensland fire safety standards that have important implications for building owners, occupiers, body corporate managers and property managers.
The regulation introduces changes to all aspects of fire safety including egress routes, emergency procedures, evacuation diagrams, training and drills and additional requirements for high occupancy buildings. Some important aspects of the regulation are listed below.
Emergency Procedures
- Owners and occupiers must ensure that their emergency procedures compliment each other;
- Emergency procedures must contain the name, phone number, email and start date for all persons responsible for evacuation coordination;
- Emergency procedures must contain the name, phone number and email of persons or entities responsible for reviewing and amending the plan.
Evacuation Diagrams
- Evacuation diagrams must show a ‘You are here’ indicator and must be oriented at each YAH point so that the map is in an easily understandable form for the reader;
- Evacuation diagrams must be located on each egress route and show all exits, assembly areas and communications equipment and fire fighting equipment.
Fire Safety Advisor
- All buildings designated as ‘high occupancy’ – where 30 or more employees are ordinarily employed or a residential building over 25m effective height – must appoint a Fire Safety Advisor (FSA);
- The FSA must complete an approved building fire safety course and have a current qualification issued by an RTO.
Training and Drills
- All wardens must undergo training annually and new wardens must undergo training within one month prior to commencing the role;
- Evacuation drills must be conducted annually and a log kept for each participant;
- General evacuation instruction must be provided to all employees annually.
Egress routes
- Exits must be unobstructed for 2m outside of the building;
- Evacuation routes must be clear and unobstructed for all persons likely to use the route, including mobility-impaired or persons with special needs.
In addition, the Queensland Fire and Rescue Service (QFRS) is now authorised to issue on-the-spot fines for breaches of the regulation. These fines range from $200 to $1000 for individuals and up to $5000 for companies.
