On 1 January 2012, the new Work Health Safety legislation came into effect, in a landmark change that will seek to harmonise all safety legislation across all states. Are you compliant?
The harmonisation brings with it some key changes, which include:
- Introduction of the ‘Person Conducting Business or Undertaking’ (PCBU). The PCBU is responsible for ensuring the workplace is safe, and the definition is now wider than just the ’employer’. It includes an employer, sole trader, partnership, association or corporate body.
- Change in the onus of proof. For any alleged breaches, the prosecution will have the onus of proof.
- Change in the definition in who is a worker. Previously, ’employees’ were the worker, however, under the new laws, the terminology is ‘worker’ and this includes anyone who carries out work in some capacity, such as contractors and volunteers.
- Union right of entry. There will be an extension to the Union’s right of entry.
To learn more and to ensure you are protected, contact us for a free consultation.