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Understanding the WHS Act: Consultation – Part 2

February 2012

Continuing from last Friday’s bulletin on the consultation provisions under the WHS Act, we have decided to discuss health and safety representatives today and move onto safety committees on Friday.

The changes to requirements surrounding health and safety representatives are integral to the new consultation arrangements under the WHS Act.

The new safety laws introduce the role of a health and safety representative (HSR). In some jurisdictions, like New South Wales, an HSR is a new role which is similar to the role of the chair of the OHS Committee.

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Understanding the WHS Act: Consultation – Part 1

February 2012

The WHS Act emphasises the importance of consulting with affected workers and other businesses in order to improve the safety outcome of any work activity. The new laws achieve this by maintaining the duty to consult with employees about safety issues but expanding it to include other workers, such as contractors, who might similarly be affected by your business’s work activities.

The new laws also introduce an express duty to consult, coordinate and cooperate with other duty holders, in particular other PCBUs. This duty relates to safety matters over which each duty holder has some level of control.

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Understanding the WHS Act: Duties of Care – Part 2

February 2012

There has been some confusion about the responsibilities of visitors and volunteers under the new safety laws. Here are the duties owed by visitors and volunteers in the WHS Act to clear things up…

Visitors

A visitor to your business’ workplace must take reasonable care for their own health and safety at the workplace and take reasonable care that their conduct does not adversely affect the health and safety of others at the workplace. Visitors must comply, so far as they reasonably are able to, with any reasonable instructions given by your business.

Visitors can be prosecuted for a breach of this duty.

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