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NSW Work Health & Safety Legislation

NSW Work Health & Safety Legislation. Session 1. Changes in the way work is organised. Australia has witnessed a marked growth in part-time, fixed term and temporary employment arrangement s in the past 30 years due to:. Organisational Practices Outsourcing Downsizing Restructuring

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NSW Work Health & Safety Legislation

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  1. NSWWork Health & Safety Legislation WHS Act Session 1

  2. Changes in the way work is organised Australia has witnessed a marked growth in part-time, fixed term and temporary employment arrangementsin the past 30 years due to: Organisational Practices • Outsourcing • Downsizing • Restructuring • Privatisation Management Techniques • Labour hire • Franchising • Use of Technology WHS WHS Structural Changes: • Higher female participation • Expansion of service industries

  3. The Path to Harmonisation Oct 2008 Jan 2009 July 2008 Nov 2010 Dec 2010 Dec 2009 Sept 2009 June 2011 1st Jan 2012 Jan-Dec 2011 Development and agreement on Model WHS Legislation and priority Model Codes of Practice Mirroring of Model Legislation by States and Territories Commencement of harmonised Legislation across Australia WHS Act

  4. The Result: A Nationally Uniform WHS Legislative Framework Nationally consistent Compliance & Enforcement Policy 1 WHS Act Model Work Health &Safety Codes of Practice 2 Jurisdictional Work Heath & Safety Regulation 3 Jurisdictional Work Heath & Safety Act 4 Model Work Heath & Safety Act & Regulation 5

  5. What will be different The new laws introduce a number of significant changes: WHS Act

  6. Questions - Please! WHS Act

  7. DEFINITIONS ‘Person conducting a business or undertaking’ WHS Act

  8. ‘Worker’ DEFINITIONS WHS Act

  9. DEFINITIONS • ‘Others‘ • ‘A workplace‘ WHS Act

  10. DEFINITIONS • ‘Officer‘ WHS Act

  11. DEFINITIONS • ‘Officer‘ WHS Act

  12. DEFINITIONS • ‘Health and Safety Representative‘ WHS Act • ‘Workgroup‘

  13. ‘Due diligence' DEFINITIONS WHS Act

  14. 'Reasonably practicable' DEFINITIONS WHS Act

  15. DEFINITIONS WHS Act

  16. DEFINITIONS ‘Designer' WHS Act

  17. DEFINITIONS ‘Manufacturer' WHS Act

  18. DEFINITIONS ‘Importer' WHS Act

  19. DEFINITIONS ‘Supplier' WHS Act

  20. Person Conducting a Business or Undertaking The WHS Act applies the primary duty of care on any person who conducts a business or undertaking WHY? WHS Act • They influence one or more elements that go to the performance of workand • They may affect the health and safety of those doing the work or those affected by the work

  21. What is a business or undertaking? WHS Act 2012 Activities carried out by, or under the control of, a person Whether alone or with others Whether or not for profit or gain Including activities conducted by: A corporation, partnership, Unincorporated association Self employed person Government agency

  22. Who will be a PCBU The primary duty is owed by the operator of the business or undertaking; Examples are: WHS Act 2012 Some of these duty holders will also have specified “further duties”

  23. Who will NOT be a PCBU A person engagedsolely as a worker or officer of PCBU A volunteer association – provided no person is employed to carry out work for the organisation A charitable, social or sporting organisation – when carrying outpurely social activities; but will be if activities are of a commercial nature Persons who engage workers solely forprivate or domestic purposes on an ad hoc basis An elected member of a local authority WHS Act

  24. Who is a Worker? A worker is a person who carries out work in any capacity for a PCBU, including work as: • an employee • a contractor or subcontractor • an employee of a contractor or subcontractor • an employee of a labour hire company assigned to work in the business or undertaking • an outworker • an apprentice or trainee • a student on work experience • a volunteer WHS Act

  25. What WHS Act says PCBUs must do: Primary duty of Care: A PCBU MUST so far as is reasonably practicable, ensure the health & safety of: Other persons who could be put at risk from work carried out by PCBU WHS Act Workers engaged, or caused to be engaged by the PCBU Workers whose activities are influenced or directed by the PCBU

  26. Specific obligations: Safe work environment Workplace monitoring Safe plant & structures Information, training, instruction, supervision WHS Act Primary Duty of Care Safe systems of work Facilities for workers’ welfare Safe use, handling & storage of plant, structures & substances

  27. Other PCBU Duties WHS Act

  28. PCBU will have additional duties WHS Act

  29. Multiple PCBUs in respect of same activities: • Each PCBU MUST comply with their duty, so far as is reasonably practicable WHS Act Landlord Retailer • Each PCBU must discharge their duty to the extent that they can influence or control the matter Labour Hire casuals Contract Cleaners Customers All duties are concurrent and non-tranferrable Several PCBUs may owe a duty of care to the same people concurrently :

  30. What are the major differences in the WHS Act? Major difference is the application of the Primary Duty of Care WHS Act

  31. What are the major differences in the WHS Act? Major difference is the application of the Primary Duty of Care WHS Act

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