Chris Tuck posted on September 12, 2011 00:50
The following are the key changes to governance that will come with the new WHS Act:
- the broadening of obligations of officers into a positive duty of due diligence;
- the broadening of who is obliged to comply with the legislative duties;
- the broadening of who is a worker for the purposes of OHS legislation, broadening the obligations for not only those undertaking a business, but also for those they are responsible for; and
- the expansion of the purpose or interpretive part of the legislation to require safety to be at its highest possible level rather than merely providing a safe workplace.
2 major effects on businesses
1. The changes increase the vulnerability of executive officers within your business to liability. Not only increasing the burden of their responsibility through a positive duty of due diligence, but by creating an interpretive tool within the legislation to heighten the duty on all undertakings to comply with OHS legislation.
2. Additionally, there are increased governance responsibilities on all layers of management to ensure compliance with OHS legislation.
The effect of this is the need to improve skills and capability within the chain of command. This involves 3 key actions:
1. Increase the education of workers in how to identify hazards, assess risks, and educate and authorise workers to introduce immediate control s in such circumstances.
2. Introduce a value system of safety within your business which is believable and held by each layer of the business.
3. Provide a reporting structure that accurately reflects the state of OHS health within your business so those officers that hold a personal liability to act with due diligence can comply with it satisfactorily.
By Andrew Douglas
Editor-in-Chief, OH&S Handbook