Simple Safety Update – Issue 16 April 2011 

Issue 16 and May already! The year is moving fast and everyone I talk to is flat out. This month I have been doing some work looking at what duties employers, or the new PCBU's, owe to contractors.

There has been a lot of information getting about highlighting the obligations owed to contractors and their workers. It is true that PCBU's (we will use the new terminology so you get used to it) are responsible for the health and safety of contractors BUT it is not always clear how far that obligations extends.

The courts have recently considered this issue and the "expert" nature of contractors and the reasons why organisations engage them must be considered when deciding the extent of employer obligations for the safety of contractors.

The decisions in recent cases such as Kirk in NSW and Fortescue Metals in WA do not support the position that PCBU's will be held liable for any injury to contractors, particularly expert contractors and injuries arising from risks associated with that expert work. It is arguable that employers may (having confirmed a contractors qualification to undertake work, inducted them onto the employers site, including providing information about site safety risks and their management) have as a defence that the particular nature of the contractual relationship provides for reasonable reliance on the contractor to manage safety in respect of the specialist work they are undertaking.

This is a complex area of health and safety and you need to get the right advice to make sure you are meeting your obligations. Contact us for expert advice and assistance. 
 

OHS News

Contractor killed after being instructed to work in a "no go zone" has been fined $180,000

The NSW Roads and Traffic Authority (RTA) were fined $180,000 after a contractor in may 2008 from Online Concrete Sawing (OCS) was instructed to work in a "no go zone" was struck by a Terra Civil prime mover with a full trailer causing fatal injuries.

The RTA was charged with and pleaded guilty to breaching s10(1) of the State Occupational Health and Safety Act 2000, in failing to ensure the safety of non-employees.

This is a clear example of a PCBU not controlling site risks they were responsible for but it is not always that easy. 

Contact Simple OHS Solutions to get your systems under control 1300 654 843 or www.simpleohssolutions.com.au

 
Harmonisation Countdown - 6

What's next for OHS harmonisation?

Thanks to Piper Alderman Lawyers below is a timely reminder that the new health and safety legislation is coming soon.

The public comment period for the draft model Work Health and Safety Regulations and model Codes of Practice closed on 4 April 2011.  The public comment submissions are now being considered and Safe Work Australia is scheduled to agree to the model Regulations and Codes of Practice package in June 2011.  Following this, the Workplace Relations Minister's Council is also scheduled to approve the package before the end of June 2011.South Australia has taken the lead in being the first State to put the model Work Health and Safety Act before Parliament on 7 April 2011.  It is expected that the other States and Territories will soon follow suit.

The model legislation is set to commence in all States and Territories on 1 January 2012.  There will be no transition period for the relevant duties under the model legislation, so it is important that workplaces start preparing for the introduction of the new laws – Piper Alderman Health and Safety Matters May 2011

 

Did you Know?

WorkHealth checks provide Victorian workers with the opportunity to receive a free convenient and confidential health check in the workplace.

By participating in these checks, workers will learn more about their risk of heart disease and type 2 diabetes. The checks look at factors that impact personal health such as diet, exercise, smoking and alcohol consumption.Each check takes about 15 minutes, with feedback and advice provided immediately based on results.Click here to apply your workplace for Work Heath Checks. 

Simple Safety Stuff Ups

Might avoid sunstroke but what a headache if that thing comes down.

Click here to view images of safety stuff ups

Simple Links

Worksafe have four new Return to work Compliance Codes information sheets. Click on the below links to view.
Providing employment, planning and consulting about return to work
Return to Work Coordinators
Information for Employers Return to Work Compliance Codes explained
Cooperating with labour hire employers about return to work
 

OHS Events 

SIA Victoria Women in Safety Networking Breakfast

Date: 18th May 2011
Time: 7.00am – 9.00am
Location: Chapter House, St Pauls Cathedral, 197 Flinders Lane, Melbourne

Click Here for more information