FAQ
Q. Will the new National WHS legislation have any impact
on NSW workplaces?
Yes! There are some significant changes from the previous OHS
law.
- The person conducting the business or undertaking
(PCBU - previously the employer) must now, as
far as practicable, ensure a safe workplace. In NSW, the
onus of proof has been reversed should an injury occur.
- The consultation provisions allow more informal arrangements
with training required for Health and Safety Representatives but
not committee members.
- "Officers" in an organization (with control of a
substantial part of the business) are required to exercise
due diligence with substantial penalties for
non-compliance
- Visitors, volunteers and apprentices are regarded as "workers"
and have to act safely. This has serious implications for the
quality of induction provided to these people.
Q. Does the organisation have to have a Health and Safety
Representative (HSR)?
If requested by a worker, the PCBU must facilitate the election
of a HSR from one or more workgroups. The number of workgroups is
determined by negotiation between the PCBU and workers.
Q. Do HSRs have to be trained?
Yes. All elected HSRs have to be trained, at company expense,
within three months of election to the role. Final details are not
available yet but in NSW the WorkCover approved course is likely to
be five days.
Q. Will we need to stop volunteers from coming on
site?
No, but! Under the new Act, volunteers are regarded as "workers"
and are required to act safely. This has implications for the
quality and scope of the induction volunteers receive when coming
into a workplace. They would need to be given a general induction
to the work type, a site induction and provided with training for
specific tasks they would be undertaking at the site. Records of
this process would need to be kept.