WHAT IS THE LAW?
Statutory Work Health and Safety Laws are in place in each state and Territory of Australia and you must comply with them.
Failure to comply is a breach of the Law, even if no injury or incident!
You cannot buy insurance to protect you from breaches of Statutory Law – you simply must meet your duties and in the ways outlined in the relevant Health and Safety Act and Regulation.
WHAT ARE THE DUTIES?
Duties apply to all persons.
As the person conducting a business or undertaking (PCBU), you have a duty to ‘ensure the safety of all workers and others, so far as is reasonably practicable’. Workers, includes contractors, sub-contractors, volunteers, students.
Company Officers must show ‘due dilligence’ and obtain knowledge and information about operational and behavioural hazards in the business, provide resources and ensure the person conducting the business is meeting his/her duties.
Workers and others must take ‘reasonable care’. If they do not, they too can be fined.
Others, includes Visitors and members of the public.
There is also personal liability for individuals including Company Officers.
HOW CAN I DISCHARGE MY DUTIES?
The Regulation states that a PCBU must:-
Identify, assess and control hazards using the hierarchy from the Risk Management Code of Practice
Train, instruct and supervise workers
Provide a safe place of work and safe systems of work
Provide safe storage and use of hazardous substances
Provide safe plant and equipment
Monitor health (including psychological)
Consult with workers about safety