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Modules

Modules

Module 1:  Overview of WHS Act and the National Changes

 

Module 2: Terminology & Definitions across Australia

 

Module 3:  Implications for Small Business in Australia

 

Module 4:  WH&S ACT implications for Senior Managers, CEO’s and Directors

 

Module 5:  WH&S ACT implications for Group Training Organisations  

 

Module 6: The ACT Terminology

 

Module 7: PCBUs, the Primary Duty of Care & Other Duties

 

Module 8:  Duties of Officers, Workers & Others

 

Module 9: Defining Reasonably Practicable

 

Module 10: Consultation Definition and Requirements

 

Module 11: Participation and Representation for Health and Safety Representatives

 

Module 12: Health and Safety Committees and their Roles and Functions

 

Module 13: PCBU Issue Resolution and Review

 

Module 14: Public Safety , Exposure and Risks

 

Module 15:  Enforcement and Penalties

 

Module 16:  Reviewable Decisions – Internal and External Appeals

 

Module 17: Union Participation in WH & S  

 

Module 18: Notification of Incidents

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New work health and Safety laws

The WHS Act places the primary duty of care and various other duties and obligations on a ‘person conducting a business or undertaking’ (PCBU). The meaning of a PCBU is set out in section 5 of the WHS Act. This is a broad concept used to capture all types of modern working arrangements.

The document attached below provides guidance on the interpretation and application of the concept of a ‘person conducting a business or undertaking’ used in the Work Health and Safety (WHS) Act and Regulations.

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Work health and safety harmonisation update

Nationally uniform work health and safety laws will ensure a consistently high level of protection for all Australians, and over time, reduce the compliance and regulatory burden for businesses which operate across state borders. The harmonised
legislation will be similar to Victoria’s Occupational Health and Safety Act 2004. So if your business is compliant with Victorian law, you are well placed to comply with the new legislation. The new system of harmonised laws will include an Act, Regulations, Codes of Practice and a National Compliance and Enforcement Policy. This information sheet will help you start to understand the changes to terms, definitions, and duties proposed by the new legislation.

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Guide to the Work Health and Safety Act 2011

This guide provides an overview of the Queensland Work Health and Safety Act 2011 (WHS Act). It is designed to help people understand their health and safety duties and rights in the workplace. However it is not intended to be read in place of the WHS Act. To assist readers, crossreferences to specific sections of the WHS Act are provided after each heading. It also provides information on:
• the requirements for consultation between business operators,
worker representatives and workers;
• the notification of incidents; enforcement procedures;
• what constitutes an offence under the WHS Act and the range of
penalties that apply.

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Model work health and safety regulations

Overall, the implementation of the model Work Health and Safety Regulations (WHS Regulations) 1 should not have a significant impact in how NSW businesses operate and manage work health and safety matters.
Essentially, many requirements are unchanged, or substantially the same as is currently prescribed in the existing Occupational Health and Safety Regulation 2001 (OHS Regulation). However, some NSW businesses or industries may need to change how they comply with work health and safety legislation in the following respects:

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New work health and safety laws in 2012

When will the new legislation come into effect? The model Work Health and Safety (WHS) Act, model work health and safety regulations, and model codes of practice are anticipated to come into effect on 1 January 2012. What does ‘model’ work health and safety (WHS) legislation mean? ‘Model’ refers to Safe Work Australia’s model WHS framework, which includes an act, regulations and codes of practice, to be adopted by each jurisdiction. Each state and territory will enact their own laws to mirror these model laws.

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The model work health and safety bill

On 11 December 2009, the Workplace Relations Ministers’ Council endorsed the Model Work Health and Safety (WHS) Bill. The intention is that the Commonwealth and each state and territory government will enact a workplace health and safety Bill to commence on 1 January 2012. This is consistent with the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety, signed by the Council of Australian Governments. The following summary highlights key provisions of the model WHS Bill, which is available at www.safeworkaustralia.gov.au

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COMCARE Defines PCBU

COMCARE Defines PCBU

The principal duty holder is a ‘person conducting a business or undertaking’ and replaces the term ‘employer’. PCBUs include the Commonwealth, Commonwealth Authorities, non-Commonwealth licensees, principal contractors, and will, in some cases, necessitate an analysis to understand who is a PCBU in a particular factual context under the new WHS laws.

The duty imposed on a PCBU is probably the most significant conceptual change from the majority of previous OHS Acts. For the public sector, it means that every activity that could give rise to a risk is captured in both policy and operational.

This change is aimed at ensuring that the WHS Act coverage extends beyond the traditional employer / employee relationship to include new and evolving work arrangements and risks.

The WHS Act also places specific upstream duties on PCBUs who carry out specific activities:

  • persons with management or control of a workplace/fixtures, fittings and plant
  • designers, manufacturers, importers, suppliers and PCBUs that install construct or commission plant or structures.
  • Duties extend to any PCBU who is contributing to work has a duty of care – this can be more than one duty in relation to specific activities

‘Volunteer association’ (as defined) is not treated as a business or undertaking.

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