This newsletter aims to keep our valued subscribers up to date concerning Occupational Health and Safety, Quality Assurance, Environmental and WorkCover Claims Management issues.
Sincerely,
Susan Stack
National Model for OHS
Public comment on the National Model Act for OHS released by Safe Work Australia is about to close. The proposed Model Act is a significant step towards a harmonised approach to OHS requirements and enforcement across Australia. The aim of a national approach to OHS is to enable employers to adhere to "one set of consistent laws regardless of which state or territory they are operating in".
The proposed Model Act will have significant implications for Queensland (Qld) employers including -
Incorporating a broader definition of a 'worker' which will include contractors and labour hire personnel which are not currently included in the Qld definition.
Significantly increasing penalties compared with those currently in place in Qld. Enabling the ability to prosecute for failing to undertake due diligence even if no other specific obligation has not been met.
Turning around the onus of proof in a prosecution. The prosecuting body would be required to prove that the employer failed to meet their duty of care as opposed to the current Qld system whereby employers must prove they have done all that is practicable to meet their obligations.
Not incorporating the Qld requirement for some employers to appoint an accredited "Workplace Health and Safety Officer".
To download the Model Legislation or to read more on this topic visit Safe Work Australia.
Stack Masula Services
Stack Masula offers a range of services for your Business including -
Occupational Health and Safety Documentation Creation, Auditing and Training
Quality Assurance Management System Creation and Auditing
