Duties and Responsibilities. Work Health and Safety Act 2011

Session outline PCBUs Duty holders Definition of an officer How do you know if you are an officer Duties of officers Due diligence Consultation Volunteers

PCBUs So what is a PCBU Employers Partnerships Sole Traders Corporations Self Employed Contractors Labour Hire

PCBU duties Ensure, so far as reasonably practicable, the health and safety of: Workers they engage, or cause to be engaged Workers they influence or direct Others

Duty Holders PCBU Officers Workers Others Officers

Who is an Officer? An officer is: a)an officer within the meaning of section 9 of the Corporations Act 2001 other than a partner in a partnership, orCorporations Act 2001 b)an officer of the Crown, or c)an officer of a public authority, other than an elected member of a local authority acting in that capacity.

Corporations Act 2001 definition a director a secretary a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking a person who has the capacity to significantly affect the business or undertaking’s financial standing a person whose instructions or wishes the directors of the corporation act on

Duty of officers Officers must exercise due diligence to ensure the PCBU meets its health and safety duties

PCBU primary duty of care Ensure, so far as is reasonably practicable, the health and safety of workers and others

Reasonably practicable’ Factors to be considered Likelihood Seriousness What You Should Know Availability & Suitability

Due diligence Understand business health & safety risks Acquire safety knowledge and keep up to date Ensure WHS legal compliance Receive and consider information on incidents, hazards & risks Provide resources to eliminate or minimise risks Audit & review WHS processes and use of resources

Consultation Consultation, representation and participation

Consult, Cooperate & Coordinate PCBU Workers Other duty holders Consult Cooperate Coordinate Consult Cooperate Coordinate Consult

Principles of consultation If you are a PCBU you need to: encourage everyone to express their views share relevant information consider the views of workers inform workers of decisions

When is consultation required? identifying hazards and eliminating risks adequacy of facilities proposing changes procedures for consultation resolving WHS issues information and training

Consultation mechanisms Health and Safety Representatives (HSR) Health and Safety Committees Other arrangements

Consultation summary The duty to consult remains HSRs are the main mechanism for consultation Approved training for HSRs Committees have a new role

Volunteers Work Health and Safety Act 2011 and Volunteers

Volunteers Who are volunteers Duties of volunteers Duties of people and businesses who engage volunteers

Definitions Volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses). Section 4 Work Health and Safety Act 2011

Volunteer association means a group of volunteers working together for one or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association. A volunteer association does not conduct a business or undertaking for the purposes of this Act. Section 5 Work Health and Safety Act 2011 Definitions

Volunteer association or PCBU? Do you employ anyone to carry out work? no Volunteer association PCBU yes

PCBU duty to workers (including volunteers) Ensure, so far as reasonably practicable, the health and safety of workers and others

PCBU duty to workers (including volunteers) Safe work environment Safe plant, structures and substances Safe systems of work Facilities for welfare Information, training, instruction Health and workplace monitoring Consultation

Volunteer duties Volunteers engaged by a PCBU have the duties of a worker. A worker must: Take reasonable care for themselves and others Comply with reasonable instructions from the PCBU Cooperate with policies and procedures of the PCBU

Volunteer officers e.g. directors, board members Duty Officers must exercise due diligence to ensure the PCBU meets its duties & obligations under the WHS Act Liability Volunteer officers cannot be prosecuted for failing to meet their officer duties

What you need to do to prepare? Person conducting a business or undertaking Volunteer Volunteer officer (director, board member)

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