WHS Act

The new act comes into force on 1 Jan 2012. Complementary legislation is needed in each state to make this a national scheme. It will not be a pure national scheme as States are reserving some matters.

Exceptions

Tas 1-1-2013
Vic ?
WA ?

Definitions

New definition not employer but very broad Person conducting business or undertaking PCBU A person or organisation or company can be a PCBU.

New definition not employee but very broad worker eg labour hire, contractor etc

Meaning of "representative" (a) HSR (b) Union (c) other authorised by worker

Positive Duty of care

Standards vary from "reasonable practicality" to "Due Diligence" to "Reasonable care".

Penalties

Category 1
PCBU - $3 million
Individual as PCBU eg CEO - $600,000 or 5 years jail
Worker $300,000 or 5 years jail

All penalties are judged at criminal standard thus proof "beyond reasonable doubt".

Consultation

Workgroups, (DWG term not used) determined by workers by negotiation and agreement. Information to be shared, contribute to decision making. Consultation needed when identifying hazards, assessing risks, making decisions, changes

HSR Committees

HSR

3 year term
workers can ask for HSR to be elected
can be more than one HSR if negotiated
Comcare can be asked to assist if any dispute
Can direct work to stop - increased power
Can request assistance of any person
Training compulsory to issue PIN and stop work.
Paid for time on HSR
Paid training and fees to be paid
HSR can choose training
Need new training after new Act - 2 days training within 12 months
Mandatory refresher training 1 day each year

Right of Entry

no notice beforehand
suspected contravention
can consult workers
After entry must give notice to PCBU
must have FW permit