OHS Harmonisation – not happening January 2012 in Victoria, probably another 12 months now!
Are you ready for the new harmonised OHS legislation that come in to place on 1 January 2012? Here is my top ten list of changes that these laws will bring:
1. The Model Act provides a framework, each State will have their own legislation which mirrors this framework.
2. Fines increased to 3 million for a corporation per offence
3. Individuals can be fined $600,000 or 5 year jail term
4. The Act places obligations on PCBUs (person conducting a business or undertaking) rather than employers. Small businesses and volunteer organisations are not exempt.
5. Company officers have well defined due diligence requirements.
6. Company officers have a ‘positive duty’ to prevent risk to health and safety.
7. Using definition of ‘worker’ rather than ’employee’ encompasses clearer obligations to contractors
8. Volunteers will be protected under the Act.
9. Consultation will be required with all ‘workers’ not just employees.
10. Clients, customers and visitors at a workplace have responsibilities.
Victoria will not be adopting the harmonised laws on January 1 2012, looking like maybe 2013
Its good to see Australia beginning the process of unification. As an OHS professional its hard enough keeping up to date with the laws in general, let alone knowing the legal requirements for each individual state.
The Victorian Government is currenly seeking feedback from Industry, the harmonised laws may or may not come in to play in Victoria
New guide to the WHS Act published by Work Safe Australia
http://www.safeworkaustralia.gov.au/sites/SWA/AboutSafeWorkAustralia/WhatWeDo/Publications/Documents/717/Guide-to-the-WHS-Act.pdf