HMcR Blog

South Australia introduced the new WHS legislation effective from 1 January 2013. At long last the legislation and regulations across states will be streamlined. With many workers operating in more than one state the education and promotion of WHS standards can be managed at a national level.

Important points to be aware of:

• All directors fall under the responsible title of PCBU (Person Conducting a Business or Undertaking) and are responsible for the Primary Duty of Care s19

http://www.austlii.edu.au/au/legis/sa/consol_act/whasa2012218/s19.html
 
In summary the PCPU’s must:
 
- Provide a safe workplace
- Provide safe systems of work
- Ensure the safe handling and storage of plant structures & substances
- Inform, instruct, train and supervise workers
- Ensure adequate facilities
 

• You must consult with all workers including contractors, casuals, volunteers and work experience people with regards to WHS requirements

 

• Any worker can request for a Health and Safety Representative to act on behalf of the workgroup. They are entitled to 5 days training in the first year of their election, 3 in the second and 2 in the third. The HSR has the power to issue a Provisional Improvement Notice (PIN) under the WH&S Act 2012 (SA) (see below)

 

• Where necessary the PCBU’s should consult with other PCBU’s for other organizations that affect the WHS of your workers – eg if you lease offices in a shared office space you would need to consult with the other organisations on issues affecting the group and co-ordinate where appropriate the necessary WHS procedures required.

 

• Under the WHS Act an Officer (per Corporations Act 2001) must exercise due diligence to ensure the PCBU’s are complying with their duty/obligations. An officer will be someone at one of the following levels:

 
- Senior Executive who participates in making decisions affecting the whole or part of a business or undertaking
- All officers per the Act will collectively have this responsibility
- HR and OHS managers are not generally officers for WHS purposes
 
Where there is a suspected contravention in regards to WHS, prior notice is not required to enter a place of business, however generally at least 24 hours notice is required to inspect documents or consult with workers.
 
How do you rate (Helpful checklist to see how well your business stands up to the WHS standards)
 
WHS Codes of Practice (a practical guide on how to meet the standards – to help PCBU’s)
 
Familiar principles, new approach (this is an overview of the new regulations)

Provisional Improvement Notice (PIN)

Written by Sarah Allen
Business Manager

Hattam McCarthy Reeves
Chartered Accountants and Business Advisers