All Practicable Steps

Insurance

Serious Harm - Refusal to Work

Employee Obligations

Loaned Employees

Stress and Fatigue

Enforcement

Participation system

Suppliers of Plant

Hazard Notices

Penalties

Volunteers

Information - Access To

Protective Equipment

List of other amendments

Infringement Notices

Safety Representatives

Many people are confused about this. The issue has taken on folklore status but the only thing to change has been the inclusion of stress in the interpretation of harm and the inclusion of fatigue in the interpretation of hazard.

The framework for dealing with these issues remains the same: identify the hazards, then eliminate, isolate or minimise.

Stress is a normal part of life but inability to cope affects some people

Stressed and fatigued employees are not effective employees.

• Be open about stress and fatigue. Initially, discuss it at safety meetings and make the topic a legitimate concern.
• Identify potential stressors/fatigue sources.
• Encourage employee reports. Include causes on the hazard register and take steps to eliminate, isolate or minimise the risk, as you would for any hazard.
• Treat this as an opportunity. Stressed and fatigued employees are not productive and may even be disruptive.
• Take the approach that stress is normal. It is the point at which an individual perceives they cannot cope that makes it harmful. Some people have lower tolerance than others but they may also be your best and most creative people.

• If you know of any causes of increased stress or fatigue, you must respond by managing the risk.
• On the other hand, this gives some protection for instances that come out of left field.

This applies to persons who do not expect or receive (material) reward for work and are there with the employer's knowledge and do it on an ongoing basis and the work is an integral part of the business.

[ The Act specifically includes those on job training or work experience. ]

Essentially, the above persons are now treated by the Act as if there is an employer/employee relationship. This includes employee obligations.

The Act excludes volunteers who are fundraising or assisting sports/ recreation clubs or off site work for educational institutions

The Act places a general duty of care on employers for ALL volunteers, regardless of exclusions.

The general duty of care (left) is not directly enforceable but OSH may get involved.

• Quite simply, if you employ volunteers under the conditions listed at left, or people on work experience, your OHS system must include them, (except as far as the participation system is concerned).
• If your OHS system is OK, do nothing differently except to include these people as if they were employees.
• In turn, the volunteers now have to comply with Section 19 of the Act, which essentially requires them not to permit harm to themselves or others and to use protective equipment.
• People doing fundraising or work for recreational clubs and schools are excluded.

• If you loan, you must make sure your employee is capable of the work.
• If you are the borrower, the employee must be treated as if they are your employee

• You must clearly take an active, rather than passive role. If there is an identifiable hazard, for which the required method of protection includes protective equipment, then you are obliged to enforce it [ and employees are obliged to comply, see below ]
• You cannot pay an allowance in lieu of this obligation, nor require employees to provide their own equipment, however, they may provide their own equipment voluntarily if you deem it suitable.

• You can now point to some specific wording when enforcing the use of PPE.
• Employees are now clearly in breach of the Act if they fail to use PPE without good reason.
• You cannot pay an allowance in lieu.

In particular, safety representatives must be provided with information on health and safety systems and OHS issues.

• Ensure relevant information such as Material Safety Data Sheets, Safe Operating Procedures and other relevant safety/health information is not only on site but "readily available". It would not, for example be considered "readily available" if stored in the top drawer of the MD's office.
• Clearly, there is a link with training materials and the active delivery of training.

An installer who did not supply the plant is not under the same obligation.

• Where there are multiple uses for plant, it will be necessary to try to anticipate all reasonable uses.
• Operating instructions excluding certain unsafe uses may be necessary but may not be enough if the use is reasonable and causes harm.

If the safety committee or OHS rep makes a recommendation, the employer must either adopt it or say why not in writing.

This does not mean employers have to provide the same opportunities for all employees, at all sites or occupations. The main factors will be the type of hazards and the number of people exposed to them

• Take a pragmatic approach. Set up the participation system so that all employees can contribute but don't bend over backwards for low risk, geographically isolated occupations (and similar).

• If this clause applies to you, it would be far better to respond to the request than to wait for the alternative.

Failure to comply with this within 6 months gives employees the right to elect up to 5 reps or half the safety committee.

• "Rolling over" an existing system would usually make more sense than starting again.
• It therefore makes sense to start something before May 5^th.
• The Act does not REQUIRE safety representatives to be appointed [ unless there has been a failure to comply ], however, there are roles allowed for safety reps if elected. [ See below ]

The candidates must work regularly and be willing to fulfil the role. They must be elected by secret ballot.

• Self explanatory

• There are maximums that apply to paid days off per employer.

• This will not happen until the competencies are agreed.
• As stated previously, the employer is not obliged to implement the recommendation but must explain why in writing if not
• Because the Notice may also be submitted to OSH, there is a mechanism for follow through.
  [ See also the section on Infringement Notices ]

Employees cannot refuse if the risk has not materially changed.

• There is clearly an incentive to ensure safety reps are knowledgeable and reasonable.
• In other words, if the work is, by nature hazardous, it would not be considered reasonable to suddenly start refusing it.

• Self explanatory

Legal costs remain the responsibility of the person taking action

• Self explanatory

Prior warning includes a Hazard Notice from an employee safety rep

• This clause clearly links up with Hazard Notices and the reporting of those to OSH.
• Therefore, Hazard Notices are semi enforceable.

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• Self explanatory

Max fine up from $50,000 for serious harm to $250,000 for all cases.

• Self explanatory