TOOL BOX TALKS Harmonisation of OHS Legislation Note: this is preliminary info with more being available later in the year or early next year including specific actions required

Background New model OHS laws will impact all persons who conduct a business or undertaking (includes NGOs) Reform process continues with development of model OHS regulations and codes of practice started and continuing into next year.

Timeline Model Act endorsed by WRMC 11 December 2009 Exposure draft of Regulations with regulatory impact statement and issues paper open for public comment from approx 1/11/10 to 28/2/11 Regulations to be endorsed by WRMC by 11/6/11. National model OHS laws take effect 1/1/2012

Significant changes Move from employment as basis for duties, obligation and rights New positive duty of care for officers with due diligence defined Reverse onus of proof for some offences removed Rights of unions to commence private prosecutions removed Broadened consultation requirements to all parties including contractors Greater protection against discrimination and coercion in relation to OHS Emphasis on graduated enforcement such as enforceable undertakings but higher penalties

Duty of Care All who are involved in the conduct of work, or contributing things for it to occur will have a duty of care and should be involved in risk elimination or minimisation Visitors and volunteers have a duty to take reasonable care to avoid injury to themselves and others

Person Conducting Business or Undertaking Primary duty similar to current Act but encompasses a greater range of people and broadens the consultation requirements. Specific requirements for: –Plant and substances –Welfare facilities –Systems of work –The workplace –Information, instruction and supervision

Due Diligence Ensure the officers of business: –Understand the nature of the operations of the business and generally of the hazards and risks associated with it –Has a current knowledge of work, health and safety matters as relevant for industry –Has processes for risk management and response to issues raised including appropriate resources –Has processes which are implemented to comply with requirements of Act including incident notification, consultation etc. –Has a system to verify ongoing compliance with the legislation

Worker Broadened to include any person who works, in any capacity, in or as part of the business or undertaking including contractors and volunteers.

Volunteers An elected member of a local authority or a volunteer is not liable for an offence under the model act for a failure to comply with a safety duty

Consultation Emphasis on election of health and safety representatives for agreed work groups Health and Safety Rep to attend 5 days of training but transitional training likely to be provided for currently trained reps Reps to have power to issue Provisional Improvement Notices and Stop Work Notices if trained Reps or employees may request formation of OHS Committee Regulations to specify other consultation requirements