Governance workplace health-and_safety
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Officers are personally liable for ensuring that a business complies with its duties under workplace health and safety laws. A corporation can only act through individuals, so those who manage the corporation must make appropriate decisions to ensure necessary actions are taken to comply with these duties of care. This course assists students in understanding the role and duties of a workplace health and safety officer. It covers relevant legal requirements, potential consequences of breaches, how to stay informed of issues, and elements of an effective workplace health and safety system. The workplace health and safety legislative framework in Australia is nationally consistent and defines duty holders and their obligations.
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- 1. Governance - Workplace Health and Safety BRBCO05 Organisation
- 2. 2 “A corporation is an artificial entity that cannot make decisions or act other than through individuals. A corporation cannot comply with a duty of care placed upon it, unless those who manage the corporation make appropriate decisions to ensure necessary actions are taken. They are known as officers.” National Review into OHS Laws 1st Report (2008)
- 3. Work Health and Safety Matters 3
- 4. 4 “Officers are personally liable for ensuring the business or undertaking complies with its duties”. National Review into OHS Laws 1st Report (2008)
- 5. Course Description This course will assist you to understand the role of the WHS Officer, and their duty of care under the Work Health & Safety Act 2012. Completion of this training module will enable you to identify; • Relevant legal and compliance requirements, including duties of care • The potential consequences of a WHS breach • Ways to remain informed regarding WHS matters; • Within the relevant jurisdiction (i.e. South Australia), and • Within an organisation • Elements of an effective WHS system to mitigate WHS risks 5
- 6. The WHS Legislative Framework • …is based on nationally consistent (i.e. “harmonised”) model WHS legislation. • …defines “duty holders” and the duties owed. • Compliance with the WHS Act and Regulations is mandatory. • Codes of Practice are not mandatory, but are admissible in court proceedings. • Australian Standards are not mandatory unless referenced in relevant Acts and Regulations. • Guidance material is not mandatory 6 Links: • WHS Act • WHS Regulations • Approved Codes of Practice
- 8. WHS Duty Holders – PCBU PCBU? Employers Sole traders / Self emp. Corporations Associations Partnerships Government entities / Public authorities Some volunteer organisations Trustees of a trust• PCBU may be a “natural person” or a legal entity (e.g. company; government department etc.) • Whether the business or undertaking is for profit or not-for profit does not affect the definition of a PCBU • PCBU does NOT include • a person engaged solely as a worker or an officer • elected officials, or • volunteer organisations that do not employ workers • a strata title body corporate responsible for common areas used only for residential purposes (so long as the body corporate does not directly employ workers) 8 (Reference: WHS Act; S.5)
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- 11. Mini Quiz 11
Editor's Notes
- As a member of a board, you will be an “Officer” under South Australian Work Health and Safety (WHS) legislation. Officers must ensure the organisation has a systematic approach to work health and safety which is relevant to the risks of the operational environment(s). You will need an up-to-date understanding of; The WHS Act and Regulations (2012), including; The legislative framework Duty holders under the WHS Act and the duties owed Principles that apply to duties The operations undertaken by the PCBU The nature of hazards and risks arising from these operations, so that; as a member of the Board, you can contribute to the provision and use of resources, systems and processes which effectively identify and mitigate hazards and risks to health and safety.
- South Australian WHS legislation is based on the nationally harmonised model legislation, designed to increase consistency across jurisdictions. It also reflects modern working relationships, which are no longer confined to “Employer / Employee” relationships. At this stage, all states and territories have implemented the model legislation within their own jurisdiction, except for Victoria and Western Australia. As seen in the diagram above, the South Australian legislative framework consists of the WHS Act 2012; WHS Regulations 2012, Approved Codes of Practice and Australian Standards and regulator (i.e. SafeWork SA) guidance material. Compliance with the WHS Act & Regulations is mandatory. Codes of Practice are not mandatory so long as the organisation or duty holder implements strategies that achieve the same or better outcomes. Notwithstanding, under the WHS Act, approved codes of practice are admissible in court proceedings. Australian Standards are not mandatory, unless they are specifically referenced in the Act or Regulations. Similarly, compliance with guidance material is not required. However, it is prudent to consider Codes of Practice; Australian Standards and guidance material when developing safe systems of work.
- The WHS Act defines four different “duty holders”, each of which have a prescribed “duty of care”. This duty must be carried out to a standard also defined in legislation. The duty holders are; Persons Conducting a Business or Undertaking (PCBU) Officers Workers, and Other Persons The diagram above outlines the nature of activities undertaken by duty holders, as well as the standard to which the duties be performed. The next few slides will elaborate on who the duty holders are and the duties owed.
- The use of the term "Person Conducting a Business or Undertaking" (i.e. PCBU) is an acknowledgement that there is increasing diversity in models of work. The use of contractors; subcontractors, consultants, home based workers and other arrangements, is more common now than ever. Whilst the employer / employee relationship is still prevalent, other stakeholders must now be mindful of their legal responsibilities in relation to work health and safety.