Here’s an UPDATE as to what’s happening in the world of construction compliance in Australia.
WHS Act 2011 & WHS Regulations 2011
New work health and safety (WHS) laws replaced the Occupational Health and Safety (OHS) laws in NSW, ACT, Queensland, the Northern Territory and the Commonwealth on 1 January 2012. Other states have no definite dates yet; you can look at the following website for more information:
http://safeworkaustralia.gov.au/Legislation/Pages/ModelWHSLegislation.aspx
These new laws will provide greater consistency, certainty and clarity across Australia making it easier to understand your workplace health and safety duties. Businesses and volunteer organisations that operate over several states will be able to initiate nationwide safety policies and procedures.
To assist business, industry and the community transition to the new legislation, transitional arrangements have been implemented.
For example, existing OHS committees will become WHS committees and these committees will have 12 months to ensure their membership aligns with the new legislation.
The transitional arrangements have been based on national transitional principles agreed to by all jurisdictions.
In summary, these transitional arrangements provide for:
- recognition of existing information, records or other documentation that is substantially the same as WHS requirements
- transitional periods of 12 to 18 months where there is a change in training requirements
- only requiring retraining or reassessment if the requirements are substantially different
- transitional periods of 6 to 12 months (in most cases 12 months) where a duty or requirement is new
- up to 24 months for some new obligations where industry might have difficulty in complying for reasons beyond their control.
- Further information on this and other transitional arrangements as well as the key changes for industry, businesses, workers, directors and volunteers are available from the links below.
The new work health and safety laws may change the way work health and safety is managed in the workplace, but the basics of keeping your workplace safe will remain.
The basics of keeping your workplace safe include:
- management commitment
- consultation
- management of risk
- training and supervision
- reporting safety
- return to work and workers compensation.
Every person conducting a business or undertaking (PCBU – the new term that includes employers) should ensure the ongoing management of work health and safety matters is done effectively.
Ensafe Planning Solutions is currently reviewing our safety management plans and OHS management systems to comply with the new legislation; we envisage that only minor changes will be required and as soon as they are finalised, they will be released (end of January 2012). Given that our products come with 12 months free updates, all customers who purchased during 2011 will be eligible for a free update and they will receive this via email. Those who purchase in 2012 will also have access to the updated plans and systems.
For further information on the new legislation, regulations and codes of practice, please visit the link below:
http://safeworkaustralia.gov.au/Legislation/ModelWHSAct/Pages/ModelWHSAct.aspx
If you’ve got any questions about anything in this update or anything related to Ensafe or the construction industry, you can contact us via phone or email or leave your question in the comments below.
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