New OH&S laws need close attention

The new legal provisions covering workplace OH&S take force from January 2012 and have implications all businesses need to note carefully. A new all covering description is a 'person conducting a business or undertaking' (PCBU) may be an individual person or an organisation conducting a business or undertaking.

A PCBU has an obligation under section 19 of the WHS Act to provide adequate facilities, information, training, instruction or supervision to workers.  A health and safety duty is owed by a PCBU if it arranges, directs or influences work to be done or contributes something towards the work being done. This duty also applies to principals, contractors and sub contractors within the supply chain such as in the construction and transport industries and franchisors and the franchisees that use the franchisors' business systems such as fast food outlets.

The regulations now cover the safety not only of workers but those who may be affected by the work and duty of care provisions for persons who influence the way work is carried out, as well as the integrity of products used for work.

The Chamber strongly advises all businesses to seek training/advice on the new provisions. Business operators need to protect their workers; and themselves.

Trevor Oldfield AM JP

President