Presentation on theme: "This presentation has been made available to the Uniting Church SA by Vivienne St. John Robb from Viv it up! (Corporate training and development with a."— Presentation transcript:
1 This presentation has been made available to the Uniting Church SA by Vivienne St. John Robb from Viv it up! (Corporate training and development with a difference) from sessions held at four metropolitan churches in March and April 2013, which included Morialta, Adelaide West, Broadview and Colonel Light Gardens.
3 What’s changed?The duty of care of the church has not changed under this new ActThere are some changes to some obligations for some with some responsibilities
4 Work Health & Safety Act 2012 Objects:Protect workers and other persons against harm to their health, safety and welfare through elimination or minimisation of risksFulfill duty of careImprove safety outcomes in workplacesVery proactive legislationRegard must be had to the principle that workers and othersshould be given the highest level of protection againstharm to health, safetyand welfare
5 For the purposes of this Act; Definition of PCBUFor the purposes of this Act;A person may conduct a business or undertaking alone or with others &whether for profit or gainA volunteer association does not conduct a business or undertaking for the purposes of this ActA volunteer association means a group of volunteers working together for community purposes where none of the volunteers employ any person to carry out work for the volunteer association s5 WHS Act
6 Definition of OfficerA person within the PCBU that creates policy, spends or commits money and makes or participates in making decisions that affect the whole or a significant part of the organisation s 27 WHS ActNB: The definition of officer is taken from the Corporations ActWhether someone will be deemed as an Officer will depend on their decision making capacity and influence
7 Definition of a Worker Worker is defined as: A person carrying out work in any capacity for a person conducting a business or undertaking such as:An employeeA volunteerContractor or sub-contractor eg carrying out maintenanceA student gaining work experienceA person conducting the business or undertaking is also a worker if they carry out work in the business orundertaking
8 What is a Workplace?Any place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to beIncluding any congregational property or a vehicle
9 To ensure, so far as is reasonably practical the duty to: Primary Duty of PCBUTo ensure, so far as is reasonably practical the duty to:Provide safe environmentsProvide safe systems of work for workers and volunteersProvide safe equipment and structuresProvide adequate support for the welfare of workers & volunteersProvide information, training, instruction or supervisionMonitor the health of workers and volunteers’ conditions at the workplace to prevent illness or injury s5 WHS ActMust be proactive in providing the duty and cannot assume another has taken care of the WHS matter
10 Obligations of an Officer Must exercise Due Diligence and take reasonable steps to:Acquire and keep up to date knowledge on WHS mattersHave an understanding of the operations, hazards and risksEnsure the PCBU has available resources and processes to eliminate / minimise risksEnsure the PCBU has appropriate measures in place to receive and consider information regarding incidents, hazards and risks and responds in a timely wayEnsure the PCBU implements required processes to comply with any duty or obligation of the Act s27 WHS ActOfficers have a positive duty for proactive action
11 Duties of workers & volunteers All workers and volunteers must:Take care of their own WHSTake reasonable care that their acts or omissions don’t adversely affect othersComply with any reasonable WHS instruction by the PCBUComply with any reasonable WHS policy issued by the PCBU
12 Any Penalties The WHS Act is all about prevention and being proactive There are heavier penalties for any breach of the Act
13 What do you need to do? CAUTION HOT! Provide a safe environment to all who come to your siteA robust hazard identification and recording processUndertake risk assessmentsApply risk elimination or minimisation activitiesReview risk control measures to ensure risk minimisationCAUTIONHOT!
14 What is available to assist you? The following resources are available from the Synod office:Human Resource expertise and guidancePolicies & proceduresHazard and Incident reporting tools and formsInduction checklists