New Work Health & Safety Laws

Commences on 1^st January 2012

The new Work Health and Safety Laws which commence on 1st January 2012 introduce a due diligence requirement.  “Due diligence” requires officers to be proactive in ensuring that the corporation, club or association complies with its duty of care.  In demonstrating due diligence, officers will need to show and ensure that:

 

•  they have taken reasonable steps to acquire and update their knowledge of Health and Safety matters;

•  they understand the operations being carried out by the person conducting the business or undertaking, in which they are employed;

• they understand the hazards and risks associated with the operation;

•  the person conducting the business or undertaking has and uses appropriate resources and processes to eliminate or minimise health and safety risks arising from the work being undertaken;

•  the person conducting the business undertaking has appropriate processes in place to receive and respond promptly to information regarding incidents, hazards and risks;  and

•  the person conducting the business or undertaking has and uses processes for complying with duties or obligations under the WHS Act

The new laws require the person conducting the business or undertaking to ensure, so far as is reasonably practical:

 

 

•  the provision and safety of a working environment without risks to Health and Safety;

• the provision and maintenance of safe plant structures;

• the provision and maintenance of safe systems of work;

•  the safe use, handling, storage and transport of plant structures and substances;

•  the provision of adequate facilities for the welfare of workers in carrying out work for the business or undertaking including ensuring access to those facilities; 

•  the provision of any information, training and structural 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 any illness or injury of workers arising from the conduct of the business or undertaking.

In particular the new laws impose a specific duty on officers of corporations and unincorporated bodies, such as clubs and associations, to exercise due diligence to ensure that the corporation, club or association meets its Work Health and Safety obligations.

This requires officers to be proactive in ensuring that the corporation, club or association complies with requirements of the Work Health and Safety Laws.