How Will You Be Affected By The New Workplace Safety Laws? Post 3

Let’s get to some of the nitty gritty.

Officers and Persons Conducting a Business or Undertaking (PCBU) have a requirement under the Work Health and Safety Act (WHS) 2011 and the Work Health and Safety Regulations 2011 to ensure that, while the workers are at work and, so far as is reasonably practicable, the health and safety of:

·         All workers engaged, or caused to be engaged by the person; and

·         All workers whose activities in carrying out work are influenced or directed by the person; and

·         That the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

What does the term “Reasonably Practicable” mean?

Reasonably practicable is defined as that which is, or was, reasonably able to be done in ensuring overall workplace health and safety, taking into account all relevant matters including:

·         The risk (likelihood and consequence);

·         What the person knows or should know about the hazard or risk and ways in which they can be eliminated or minimised;

·         Risk Controls (availability and suitability); and

·         The cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

It is important here to understand that the Act clearly eliminates the excuse, “I didn’t know what was going on” as a reason for not acting on health and safety issues. That means that all PCBUs must be proactive in health and safety in their workplace.

 So what would the WHS Act consider as the very basics of reasonably practicable? According to the Regulations it is:

·         The provision and maintenance of a work environment without risks to health and safety; and

·         The provision and maintenance of safe plant and structures; and

·         The provision and maintenance of safe systems of work; and

·         The safe use, handling and storage of plant, structures and substances; and

·         The provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities; and

·         The provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

·         That the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

 We’ll look at the responsibility of workers under the Act and cover the penalties for non-compliance in the next few posts.

But before then, we’ll look at the responsibilities of Officers under the WHS Act.

Good health and keep safe out there.

Colin

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