New OHS Legislation

Safe Work Australia Introduces the Model Work Health and Safety Legislation…

The building and construction industry is heavily regulated by Work Health and Safety (OH&S). On January 1st, 2012 Safe Work Australia began the implementation of a new harmonised national model for Work Health and Safety (OHS). If you are a licensed builder or work for a licensed builder then this impacts you. It would be wise for you to be aware of the changes, and implement the new practices where required.

The best site for information on the new model is:
Safe Work Australia Website

Safe Work Australia has a guide to the new regulations that you can download from their website:
Safe Work Australia WHS Regulations

There are transitional arrangements for the regulations and these have been developed as a set of principles that set out how existing WH&S (OHS) regulations will change and move to the new harmonised system. Again these are available for download:
Safe Work Australia Transitional Arrangements

The changes to the regulations will affect everyone in different ways. In the past there have been different WH&S (OHS) regulations in each state. So depending on which state you reside in the changes may be minor or major.

A very brief recap of the changes that might impact you as a licensed builder or someone working under contract to a licensed builder are:

1. The new act has a broader definition of what is a “worker” and work environments.
2. The new act makes it clear that company officers have a defined obligation to exercise due diligence in relation to duty of care.
3. Unions will no longer have any rights or power to prosecute for an WH&S (OHS) offence. Unions will also have their rights of entry to a workplace redefined for WH&S (OHS) matters.
4. New guidelines will be implemented in relation to employee consultation requirements.
5. Incident notification procedures will be harmonised across all states and territories with strict guidelines for all employers and principle contractors.
6. The role and actions of regulators and inspectors will be made consistent across all states and territories and there will be changes that include a new Code of Practice.

If you are in the industry and haven’t already, then now is the time for a full review of your current policies and procedures. Then consider and implement the changes required to comply with the new Act. The transitional period will be temporary and you could be liable and responsible for the changes.

Filed Under: Featured • Industry News • Legislation • OHS