As from 1 January 2012, the current legislative requirement for employers to appoint WHSOs will cease in Queensland.
How will this impact the way you do business?
WHSOs provide valuable assistance to businesses in meeting their duties under current workplace health and safety laws and can continue to do so under the new harmonised laws. Workplace Health and Safety (WHSQ) expects that many businesses will voluntarily retain their WHSOs to assist them in complying with their obligations under the new model laws when they commence on 1 January 2012.
In particular the model Work Health and Safety laws impose a specific duty on officers of corporations and unincorporated bodies such as clubs and associations to exercise due diligence to ensure that the corporation, club or association meets its work health and safety obligations. This requires officers to be proactive in ensuring that the corporation, club or association complies with its duties. In demonstrating due diligence, officers will need to show that they have taken reasonable steps to complete all of the following:
- acquire and update their knowledge of health and safety matters
- understand the operations being carried out by the person conducting the business or undertaking in which they are employed, and the hazards and risks associated with the operations
- ensure that the person conducting the business or undertaking has, and uses, appropriate resources and processes to eliminate or minimise health and safety risks arising from work being done
- ensure that the person conducting the business or undertaking has appropriate processes in place to receive and respond promptly to information regarding incidents, hazards and risks
- ensure that the person conducting the business or undertaking has, and uses, processes for complying with duties or obligations under the WHS Bill.
Workplace Health and Safety Officers are employed to provide information on hazards and risks associated with the workplace or work activities. WHSQ sees advantages for a corporation, club or association in retaining a trained safety advisor to assist an officer to satisfy their ‘due diligence’ obligations.
It is important to note the duty to exercise due diligence will always remain with the senior officer and cannot be outsourced or delegated to a safety advisor such as a WHSO. Employing a WHSO or safety advisor is one available option to help officers meet their duties.
QSafe Solutions acknowledges Department of Justice and Attorney-General as the principle contributor to this article.
