Agenda • NECA: Introduction • NECA: Managing Apprentice Program Pilot and Accelerated 2013 NECA Roadshow Seminar Apprenticeships • NECA WHS: NEW Workplace Health and Safety legislation, and the NECA HSEQ Management System Featuring presentations from: • SA Power Networks: Amendments to the Service & Installation Rules NECA SA • Intermission SA Power Networks • Office of the Technical Regulator: Updates to Solar Office of the Technical Regulator Standard AS/NZS 5033 and the Wiring Rules AS/NZS 3000 • NECA: Conclusion Other Jurisdictions • New South Wales – started 1 January 2012 Work Health & Safety Laws 2012 • Queensland – started 1 January 2012 • Commonwealth – started 1 January 2012 Looks familiar, • Northern Territory – started 1 January 2012 but a new approach! • Australian Capital Territory – started 1 January 2012 • Tasmania – from 1 January 2013 • South Australia – from 1 January 2013 Presented by: • Victoria – Not yet committed • Western Australia – Not yet committed Rory Sweeney– Workplace Health, Safety, Environment and Quality Manager, NECA SA
New Elements Considerations: • PCBU (Person Conducting a Business or Undertaking) 1. Is my organisation a PCBU? • Officer duties 2. When do I owe a Duty of Care? • Removal of responsible officer provisions 3. What must be reasonably practicably done to • Clarification for volunteers comply with the duty? 4. Who is owed a Duty of Care? • Heath & Safety Representatives - changes 5. Responsibility of Workers • WHS Right of Entry • Enforceable Undertakings • Increased penalties 2. When does a PCBU owe a Duty of Care? 1. Is my Organisation Corporation Duty of care is owed if in the course of conducting a a PCBU? Company business/undertaking the PCBU: • engages or causes to be engaged (i.e. sub-contract) a worker to carry out the work; or Sub- Contractors Sole Trader BUSINESS • directs or influences work carried out by a worker; or Labour hire Self Employed ENTITY Franchisors • has the management or control of the workplace in which work is performed; or • designs, manufactures, imports, supplies, installs, commissions or constructs plant, structures or Employer substances for use as or at a workplace. Partnership
3. What must be reasonably practicably done to 3. What must be reasonably practicably done comply with the duty? (cont.) to comply with the duty? A PCBU must… A PCBU must… Ensure so far as reasonably practicable: Ensure, so far as is reasonably • a safe work environment practicable, that the health and • safe plant, structures, substances and storage; • information, training, instruction and supervision; safety of other persons is not • safe systems of work; put at risk from work carried • adequate facilities for welfare of workers; out as part of the business or • ensure that the health of workers and conditions at the undertaking. workplace are monitored for the purposes of preventing work-related injury or illness. Reasonably Practicable Test 4. Who is owed a Duty of Care? Factors that may determine whether something is ‘reasonably Workers are owed a Duty of Care practicable’ include: A worker is a person who carries out work in any capacity for the likelihood of the hazard or the risk concerned occurring • a PCBU, and includes: the degree of harm that might result from the hazard or the risk • – employee what the person concerned knows, or ought reasonably to know • – contractor about the hazard/risk and ways of eliminating the hazard/risk – subcontractor the availability and suitability of ways to eliminate or minimise the • risk – Labour hire employee the cost associated with available ways of eliminating or minimising – apprentice or trainee • the risk, including whether the cost is grossly disproportionate to the risk This is a deliberate broad definition so PCBUs have a broader Importantly, the issue of influence and control is also considered in • range of people to consider when assessing WHS matters. what is reasonably practicable
5. Responsibility of workers (and Volunteers) WHS Officers and Due Diligence Officers must exercise due diligence to ensure that the A worker or a volunteer at a workplace, must: PCBU complies with its obligations. • take reasonable care for own health & safety; • ensure that their actions do not adversely affect the Replaces concept of ‘responsible officers’ : health & safety of others; • broader scope as includes any person who makes, or • comply with instructions; and participates in making, decisions that affect the • cooperate with OHS policies and procedures. whole, or substantial part, of the business or undertaking An Officers due diligence is an active obligation OFFICERS: • Officers of a PCBU must exercise due diligence to Director Who are they? ensure that the PCBU complies with its duty or obligation • Due diligence essentially means taking reasonable steps in: Chief Financial Company OFFICER Officer Secretary – being proactive in keeping up to date with WHS issues – being proactive in meeting work health and safety Those who participate in obligations making decisions affecting – The PCBU understanding its operations, hazards and risks the whole or substantial part Chief – Providing resources and processes to eliminate or control of the organisation. Executive Officer hazards and risks
Summary of Duties Consultation PCBUs must so far as is reasonably practicable consult POSITION ACTIVITY STANDARD with workers who are directly affected by health and PCBU Operation of the business Reasonably Practicable safety matters primary duty of care Old: ‘vertical consultation’ – with employees Senior Officers Organisational decision Ensure Due Diligence duty of care making and governance New: Duty holders must consult with other duty holders . Worker’s Work Activities Reasonable care referred to as “horizontal consultation” duty of care (includes management & • supervision) purpose is to identify and address any gaps in • managing OHS risks Others Suppliers, subcontractors Reasonable care labour hire, visitors etc Maximum fine: $100k (body corporates) WHS Entry Permits Compliance and Enforcement Tools A union official may enter to: • – inquire into a suspected contravention of the Act – inspect employee records relevant to a contravention, and – consult and advise workers in relation to WHS Prior notice is not required to enter to inquire into a suspected • contravention. However, there are procedures for notifying SafeWork SA in advance of entry. However, after entry to the workplace the permit holder is required • to give the PCBU notice of the entry and details of the suspected contravention as soon as is reasonably practicable. At least 24 hours notice is required to enter to inspect documents • or consult with workers.
Enforceable Undertakings Maximum Penalties • An enforceable undertaking is an agreement between Duty holder Category 1 Category 2 Category 3 Reckless Exposure to death or Non compliance an alleged offender and the regulator to implement serious injury with Legislation specific actions relevant to improving work health and Body corporate or $3M $1.5M $500,000 safety where there has been a serious breach of the government body WHS laws Individual PCBU or $600,000 or $300,000 $100,000 • Undertakings provide an alternative to prosecution Officers 5 years imprisonment • Provides a non litigious vehicle to enforce compliance and to alleviate concerns and the impact of legal Individual worker or $300,000 or $150,000 $50,000 other persons at the 5 years proceedings on small business, workers and victims workplace imprisonment families • Regulators will continue to prosecute serious breaches The New Regulations The New Regulations (Cont.) Chapter 4: Hazardous work Apply to ALL workplaces including construction sites. Noise, Hazardous Manual Tasks, Confined Spaces Falls Chapter 1: Preliminary • Management of risk of a fall from one level to Chapter 2: General Risk and Workplace Management another (no height specified), • Promotes work on ground or from a solid Managing risks, General Workplace Management, construction, General Work Environment, Facilities, PPE, First Aid, High risk work (licensing and accreditation), Emergency Plans Demolition work, (incl notification, approvals & Chapter 3: Representation and participation licensing), Work Groups, HSRs, Issue Resolution, Cessation of Unsafe Electrical work – AS 3012 mandated: - AS 3000 Work, Work Health and Safety Entry Permits removed from Regs,
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