The Transport and Industrial Relations Select Committee has
released its report today on the Health and Safety Reform Bill.
The following changes to the Bill have been recommended by the
flexibility for how firms can meet their worker participation
obligations, particularly for smaller business with fewer than 20
confirming that where PCBUs have overlapping duties, they each
must fulfil their duties to the extent that they have the ability
to influence and control the situation;
removing volunteer associations (those with no employees) from
the definition of PCBU, so that the Bill does not apply to them,
although it will continue to apply to volunteer organisations which
do have employees;
clarification for the farming sector, so that the duty of
farmers managing or controlling workplaces will only extend to the
farm buildings and structures necessary for the operation of the
business and the areas immediately surrounding them;
stating that a farmer's duty to manage and control their
farm doesn't apply to recreational users coming onto farm land
(apart from when farm work is being carried out in that part of the
farm at the time);
providing that officer duties will apply only to individuals
who have a very senior governance role in the organisation where
they exercise significant influence over the management of the
declaring that PCBUs who manage or control the workplace,
fixtures, fittings or plant at workplaces do not owe a duty to
people who are there for an unlawful purpose.
Some additional changes will also be made as the Bill progresses
through the next stage of the Parliamentary process. These
excluding the family farmhouse from being part of the
changing the sentencing guidance to require that courts must
specifically consider the extent of the harm (whether actual or
potential) that resulted from the breach, including whether it
resulted in an employee's death; and
making it clear that a duty holder's obligation to manage
risk is limited to doing what is within their ability to control or
influence, so that the duty holder's position in the business
is taken into account.
The Government has said that the Bill is still on course to be
passed by the end of this year. It is likely that it will
come into force in the first half of 2016.
In the next few weeks we will send out additional, more
detailed, information on the Bill. In the meantime, the full
Select Committee report is available here.
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guide to the subject matter. Specialist advice should be sought
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