As our readers would no doubt be aware, other than in Victoria
(which already has similar laws) and Western Australia, all other
jurisdictions in Australia are subject to the
"harmonised" work health and safety
As part of ongoing compliance with these laws it is important
for all businesses, officers, managers and workers to keep on top
of those laws applicable to their industry/business and of any
changes which should be noted / adopted into existing
The purpose of this article is to let readers know of some of
the more recent developments in WHS laws.
As of June 2014, ACT became the first harmonised jurisdiction to
bring charges against officers under this provision, with the
potential individual penalties being up to $300,000. With these
charges being laid it serves as a timely reminder to officers of
PCBUs that their duties and obligations will be enforced and that
they cannot simply sit back and not be involved to some extent in
the safety of their businesses. Effective health and safety systems
are managed from the top down, so if officers haven't done so
to date now is the time to make sure you get involved in the safety
aspects of your business.
Western Australia Update
As one of only two jurisdictions not having adopted the
harmonised WHS laws, Western Australia is currently in the process
of examining whether its existing laws should be changed more akin
to those in harmonised jurisdictions.
At this stage the intention is to have two sets of WHS laws, one
that applies to the resources sector and one for everything else.
Whilst the general WHS legislation appears on track to be
implemented by the end of the year, the harmonised resources sector
laws (now deemed "modernised" resources sector laws)
appears unlikely to be implemented before the end of 2015. We will
keep readers informed of any developments.
Working in the vicinity of overhead and underground electric
Industrial lift trucks;
Formwork and falsework;
Safe design, manufacture, import and supply of plant.
Copies of the guidance materials can be found
Importantly, whilst not a Code of Practice these Guidance
Materials provide information relevant to specific areas in WHS
which must be considered to form part of the knowledge of those who
work in areas where these Materials would be of relevance.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Kemp Strang has received acknowledgements for the quality of
our work in the most recent editions of Chambers & Partners,
Best Lawyers and IFLR1000.
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