Employment Law - Occupational Health & Safety and Workplace Health & Safety
March 2012
Changes to Occupational Health and Safety (OH&S) laws were implemented late 2011and early 2012 to standardise laws across Australia. These laws are already in effect in NSW, Queensland, ACT, the Commonwealth of Australia and Northern Territory. Other States are expected to follow.
The new legislation creates the concept of the “person conducting a business or undertaking” (PCBU), which extends to anyone in a supervisory position (including volunteers). Duties under the WHS Act are imposed on any PCBU.
The duty of care is broad and is owed not only to employees, but to contractors, labour hire workers, apprentices, trainees, volunteers, work experience students and visitors.
The onus of proof of a breach of the obligations upon a PCBU now clearly rests upon the prosecution.
There is a broader obligation on the person conducting the business or undertaking regarding consultation with workers about OH&S matters.
Officers/PCBUs may be liable for failing to exercise the requisite due diligence despite the fact that the corporation itself is complying with its obligations, or without an incident or accident in the workplace even occurring. There is a positive duty to enquire and monitor a company’s safety performance and assist company officers / PCBUs to better understand their safety obligations.
John Graves
Principal
Bradfield & Scott Lawyers
Telephone: 9233 7299
Email: jgraves@bradscott.com.au
The new legislation creates the concept of the “person conducting a business or undertaking” (PCBU), which extends to anyone in a supervisory position (including volunteers). Duties under the WHS Act are imposed on any PCBU.
The duty of care is broad and is owed not only to employees, but to contractors, labour hire workers, apprentices, trainees, volunteers, work experience students and visitors.
The onus of proof of a breach of the obligations upon a PCBU now clearly rests upon the prosecution.
There is a broader obligation on the person conducting the business or undertaking regarding consultation with workers about OH&S matters.
Officers/PCBUs may be liable for failing to exercise the requisite due diligence despite the fact that the corporation itself is complying with its obligations, or without an incident or accident in the workplace even occurring. There is a positive duty to enquire and monitor a company’s safety performance and assist company officers / PCBUs to better understand their safety obligations.
John Graves
Principal
Bradfield & Scott Lawyers
Telephone: 9233 7299
Email: jgraves@bradscott.com.au
