1. Work Health & Safety Legislation
TOOL BOX TALKS
Work Health & Safety Legislation

2. Background
• New WHS laws commenced January 1, which impact all persons who conduct a business or undertaking (includes NGOs)

3. Duty of Care
All who are involved in the conduct of work, or contributing things for it to occur have a duty of care and should be involved in risk elimination or minimisation
Workers including volunteers and contractors have a duty to take reasonable care to avoid injury to themselves and others

4. Person Conducting Business or Undertaking
Primary duty now placed on Person Conducting Business or Undertaking (PCBU) as this encompasses a greater range of people and broadens the consultation requirements. PCBU is the employing organisation.
Specific requirements for:
Plant and substances
Welfare facilities
Systems of work
The workplace
Information, instruction and supervision

5. Due Diligence Officers of PCBU must take reasonable steps:
To understand the nature of the operations of the business and generally of the hazards and risks associated with it
To acquire a current knowledge of work, health and safety matters as relevant for industry
To ensure that PCBU has processes for risk management and response to issues raised including appropriate resources available and used
To ensure the PCBU has processes which are implemented to comply with requirements of Act including incident notification, consultation etc.
To verify ongoing compliance with the legislation

6. Worker
Broadened to include any person who works, in any capacity, in or as part of the business or undertaking including contractors and volunteers. Also includes agency staff, students.
Main duties include:
Ensure health and safety of self and others in what you do or fail to do
Follow reasonable WHS instructions
Follow WHS policies and procedures brought to your attention

7. Consultation
Act mandates consultation but process up to PCBU with worker agreement
Emphasis on election of health and safety representatives for agreed work groups
Health and Safety Rep to attend 5 days of training
Reps have power to issue Provisional Improvement Notices and Stop Work Notices if trained
Reps or workers may request formation of WHS Committee
WHS Committees to focus on policies and procedures and do not need to be trained
Requirement to consult and cooperate with other PCBUs