ASPECTS OF MODEL WHS LAWS, PITFALLS AND ISSUES FOR SMALL BUSINESS Malcolm Burgin Managing Director OccSafe Australia Pty Ltd

“What would you say is one of the major challenges you face in your business? If I said 'workplace health and safety' would that be correct?”

PCBU Who has Control in the Workplace?

 This is the principles that apply to all duties in the Work Health and Safety Act A duty is not transferable 2. A person may have more than one duty 3. More than one person can have the same duty 4. Risks are managed to ensure they are eliminated or minimised, so far as is reasonably practicable.

A PCBU has further obligations if involved in specific kinds of activities such as:  The management and control of workplaces, or fixtures, fittings or plant at workplaces  The design, manufacture, import or supply of plant, substances or structures  Installation, construction or commissioning of plant or structures

The PCBU must meet its obligations, so far as is reasonably practicable, to provide a safe and healthy workplace for workers or other persons by ensuring:  Safe systems of work  A safe work environment  Accommodation for workers, if provided, is appropriate  Safe use of plant, structures and substances

 Facilities for the welfare of workers are adequate  Notification and recording of workplace incidents  Adequate information, training, instruction and supervision is given  Compliance with the requirements under the work health and safety regulation  Effective systems are in place for monitoring the health of workers and workplace conditions  PCBUs must also have meaningful and open consultation about work health and safety with its workers and others for who they share an obligation.

An officer is a broad term that applies to people who can make decisions that significantly affect a business or undertaking Any person who can make, or participate in making, decisions that affect the whole, or a substantial part, of the business

 Employee  Trainee  Volunteer  Outworker  Apprentice  Work experience student  Contractor or sub contractor  Employees of a contractor or sub-contractor  Employee of a labour hire company assigned to work for a PCBU

'Reasonably practicable' means doing what is effective and possible to ensure the health and safety of workers and others.

1. The likelihood of the hazard or risk occurring 2. The degree of harm from the hazard or risk 3. Knowledge about ways of eliminating or minimising the hazard or risk 4. The availability and suitability of ways to eliminate or minimise the risk.

The more likely the hazard or risk is, or the greater the harm that may result from the hazard, the less weight should be given to the cost of eliminating or minimising the risk.

Malcolm Burgin Managing Director