Duties and Responsibilities. Work Health and Safety Act 2011

Session outline• PCBUs

• Duty holders

• Definition of an officer

• How do you know if you are an officer

• Duties of officers

• Due diligence

• Consultation

• Volunteers

PCBUsSo what is a PCBU

• Employers• Partnerships• Sole Traders• Corporations• Self Employed• Contractors• Labour Hire

PCBU dutiesEnsure, so far as reasonably practicable, the health and safety of:

•Workers they engage, or cause to be engaged

•Workers they influence or direct

•Others

Duty Holders

PCBUPCBU

OfficersOfficers

WorkersWorkers

OthersOthers

OfficersOfficers

Who is an Officer?• An officer is:

a) an officer within the meaning of section 9 of the Corporations Act 2001 other than a partner in a partnership, or

b) an officer of the Crown, or

c) an officer of a public authority, other than an elected member of a local authority acting in that capacity.

Corporations Act 2001 definition• a director

• a secretary

• a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking

• a person who has the capacity to significantly affect the business or undertaking’s financial standing

• a person whose instructions or wishes the directors of the corporation act on

Duty of officers

Officers must exercise due diligence to ensure the PCBU meets its health and safety duties

PCBU primary duty of care

Ensure, so far as is reasonably practicable, the health and safety of workers and others

Reasonably practicable’Factors to be considered

Likelihood Seriousness What You Should Know Availability & Suitability

Due diligence

• Understand business health & safety risks• Acquire safety knowledge and keep up to date• Ensure WHS legal compliance• Receive and consider information on incidents, hazards &

risks• Provide resources to eliminate or minimise risks• Audit & review WHS processes and use of resources

Consultation

• Consultation, representation and participation

Consult, Cooperate & Coordinate

PCBU

Workers

Other duty holdersConsultCooperateCoordinate

ConsultCooperateCoordinate

ConsultConsult

Principles of consultation

If you are a PCBU you need to:• encourage everyone to express their views• share relevant information• consider the views of workers• inform workers of decisions

When is consultation required?

• identifying hazards and eliminating risks• adequacy of facilities• proposing changes• procedures for consultation• resolving WHS issues• information and training

Consultation mechanisms

Consultation summary• The duty to consult remains

• HSRs are the main mechanism for consultation

• Approved training for HSRs

• Committees have a new role

Volunteers

Work Health and Safety Act 2011 and Volunteers

Volunteers

• Who are volunteers

• Duties of volunteers

• Duties of people and businesses who engage volunteers

Definitions

• Volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

• Section 4 Work Health and Safety Act 2011

• Volunteer association means a group of volunteers working together for one or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.

• A volunteer association does not conduct a business or undertaking for the purposes of this Act.

• Section 5 Work Health and Safety Act 2011

Definitions

Volunteer association or PCBU?

Do you employ

anyone to carry out work?

no

Volunteer association

PCBU

yes

PCBU duty to workers (including volunteers)

Ensure, so far as reasonably practicable, the health and safety of workers and others

PCBU duty to workers (including volunteers)• Safe work environment

• Safe plant, structures and substances

• Safe systems of work

• Facilities for welfare

• Information, training, instruction

• Health and workplace monitoring

• Consultation

Volunteer duties

Volunteers engaged by a PCBU have the duties of a worker.

A worker must:

• Take reasonable care for themselves and others

• Comply with reasonable instructions from the PCBU

• Cooperate with policies and procedures of the PCBU

Volunteer officers e.g. directors, board members

Duty

• Officers must exercise due diligence to ensure the PCBU meets its duties & obligations under the WHS Act

Liability

• Volunteer officers cannot be prosecuted for failing to meet their officer duties

What you need to do to prepare?

• Person conducting a business or undertaking

• Volunteer

• Volunteer officer (director, board member)

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