Work Health and Safety Legislation in Australia
Yesterday Western Australia adopted the WHS Act 2020 and its supporting Regulations. This blog provides a timeline of how we arrived at this new piece of legislation. Overview In Australia the Constitution empowers each State and Territory to enact their own...
Who is an “Officer”?
This is a re-post of a blog from 2015. There is a lot of interest in the impending WHS legislation. I am finding that the greatest misunderstanding is over who is an Officer.......... Many organisations are concerned about the potential implications for...
Update on harmonisation – The legal framework.
Harmonisation, or a streamlining and revamping of health and safety legislation in Australia, has been talked about for around 10 years. It has long since been implemented in all states, excluding Victoria and Western Australia. The change of state government and...
Audits and Inspections – clarifying terminology.
Recently I’ve heard the terms audit and inspection used in the incorrect context. This blog aims to provide some definition and distinction between these two terms. Firstly, what do they have in common and why the confusion? Both audits and inspections involve an...
Update on ISO 45001
Development of ISO 45001 Occupational Health and Safety Management Systems - Requirements with Guidance for Use
Hazardous Substances – Registers & Risk Assessments
In this blog we will look at some of the legislative requirements for hazardous substances as detailed in the Western Australian OSH Regulations. Firstly OSH Regulation 5.13 requires Employers to keep a register of hazardous substances. This register must contain, as...
Is it a system or a plan?
Often in the workplace I see confusion between what is a WHS Management System and a Safety Management Plan. This confusion is not only in the terminology used but also in their application. So firstly what is a WHS Management Systems (WHSMS)? WHSMS can be in a...
Employer Sacks Worker for Being Too Fat – Key Lessons
The Fair Work Commission has supported a decision by Parmalat, a national dairy company, to sack one of its workers for being overweight. The worker was a forklift operator and his weight exceeded the maximum safety rating for the forklift he was required to operate....
A framework for organisational risk management
I am often asked the purpose and difference between various risk management tools. Organisations with comprehensive health and safety management systems have a layered approach to risk management. At an organisational level, risks are documented...
Officers under WHS legislation
Many organisations are concerned about the potential implications for ‘Officers’ under the proposed WHS legislation. These concerns particularly involve the fact that an individual can be held directly liable and prosecuted for not exercising ‘due diligence’ – a...
