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Duties and Responsibilities. Work Health and Safety Act 2011

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

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Duties and Responsibilities. Work Health and Safety Act 2011

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  1. Duties and Responsibilities. Work Health and Safety Act 2011

  2. 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

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

  4. 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

  5. Duty Holders PCBU Officers Officers Workers Others

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

  7. 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

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

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

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

  11. 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

  12. Consultation • Consultation, representation and participation

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

  14. 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

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

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

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

  18. Volunteers Work Health and Safety Act 2011 and Volunteers

  19. Volunteers • Who are volunteers • Duties of volunteers • Duties of people and businesses who engage volunteers

  20. 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

  21. Definitions • 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

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

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

  24. 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

  25. 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

  26. 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

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

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