Occupational Health and Safety - OHS
Protecting your business by considering the Health and Safety of your employees is a critical practice for all Australian business, small or large. LAC Lawyers have the knowledge and experience to guide you in your requirements, and ensure this area of your business is structured appropriately.
There have been significant changes to the fabric of employment law over the last 10 years. Now it is the turn of “Occupational Health and Safety” (OHS) as all Australian governments will enact laws that mirror the Model Work Health and Safety Act 2000 (ACT) and Regulations. Except for Western Australia they are due to commence in each jurisdiction on 1 January 2012 providing a nationally-consistent occupational health and safety regime. As previously they will focus on the health, safety and welfare of employees imposing new duties on directors and officers of companies or persons conducting a business or an undertaking of workers and others to ensure that they are not exposed to health or safety risks from their operations.
It is important that Directors and/or Officers are aware of their duties with regard to Occupational Health and Safety as there are criminal implications where there is a breach of these obligations. Read more about this in the criminal law section of our site.
OHS Officers - Changes to the duty
As you would be aware under the NSW OHS Act the duty imposed on employers is an absolute one to which a defence can be mounted. Under the new laws the duty imposed on officers is to ensure that so far as is reasonably practicable the health, safety and welfare of their employees and others affected by their operations. The requirement to exercise due diligence under the Act means that an officer must take reasonable steps to:
- (i) keep up to date on work, health and safety matters;
- (ii) understand the nature of operations of the business or undertaking and the associated hazards and risks emanating from its operation;
- (iii) has the appropriate resources to eliminate or minimise risk to health and safety from work carried out by the business or undertaking;
- (iv) has an appropriate system for dealing with incidents, hazards and risks so they can be attended to quickly;
- (v) ensure that the business is able to meet its obligations or duties under the Act; and
- (vi) verify it is able to satisfy requirements (iii) to (v).
For more information, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Legal Consequences with OHS
The changes will be quite profound and are listed as follows:
- (i) The absolute duty imposed on employers will be replaced by the duty as far as is reasonably practicable.
- (ii) Safety prosecutions will no longer be held by the NSW Industrial Court, the jurisdiction being transferred to various courts in NSW who exercise criminal jurisdiction including the Supreme Court for indictable offences.
- (iii) OHS prosecutions will be the sole preserve of the criminal courts in future.
- (iv) Unions will not be able to commence proceedings in future.
For more information, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Due Diligence with OH&S
This concept has been around under the general law for a long period time and is well-recognised under the older OH&S laws in NSW. Previously it could be used as a defence but under the new laws it will be a breach of the Act if an officer of a business does not exercise due diligence to ensure that it complies with the duties and obligations imposed on it under the Act.
For more information, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
Unions and OHS Laws
Under the new Act unions will no longer be allowed to prosecute breaches of OHS laws in NSW from 5 May 2011 as only WorkCover inspectors will be entitled to commence proceedings, the difference being they will need to establish the case and prove liability against employers as the onus rests with them to do so.
For more information, call LAC Lawyers today on 1300 799 888 (Sydney) or 1300 734 638 (Melbourne).
