WHS Considerations for 2014 and Beyond
Christian Frost
John Makris
Head of Workplace Health and
Safety
Partner – K&L
Gates
Agenda
1. The Safety Problem
2. Red pill or blue pill thinking?
3. Legislative Landscape
4. The Changing Safety Paradigm
5. The Red Pill Prescription
Transport
and manufacturing are two of the
The
Problem
top three industries
that seriously injure
150,000
1,100 Inspectors who issued 45,000
people
220
improvement notices and 4,500 prohibition
Incident rates increase with age
notices
In fact, driving is$60
thebillion
#1 cause of workplace
320 prosecution cases are finalised each
fatalitiesfrom work
Four weeks absence
year with about $22 million in fines issued
What Do You Answer?
The Anatomy of an Incident
HR systems
don’t recognise
WHS
Accountability
framework
doesn’t include
WHS
Lack of
supervision
Procedure
not followed
Cost cutting
Worker was
doing
overtime
Production
Worker was
fatigued
Skills
shortage
Aging
workforce
This isn't the
first time this
has
happened
Procurement
systems don’t
recognise WHS
Lack of governance
over maintenance
program
Purchasing
strategy
included cost
cutting
Maintenance
and inspection
did not occur as
planned
Operator put
hand in
machine
Guard broken
and not
repaired
Guard was
removed
Legislative Landscape
Who Has Obligations?
Primary duty lies with Persons Conducting
A Business or Undertaking (PCBU) to
ensure, so far as is reasonably practicable:
1. the health and safety of workers
engaged by the person, and
2. workers whose activities in carrying
out work are influenced or directed
by the person
3. “other persons” not be put at risk
from the work carried out by the
business
Your businesses are a PCBU. Your
“workers” include employees and
contractors. Other persons include visitors,
members of the public, contractors,
contributors and work experience people.
Legislative Landscape
What is Reasonably Practicable?
That which is or was reasonably able to be done weighing up factors such
as:
likelihood of hazard/risk occurring
degree of harm from hazard/risk
what a person knows or ought to
know of hazard/risk
availability and suitability of way
to eliminate or minimise the risk
after assessing the risk and
controls, the costs of eliminating
or minimising the risk
Legislative Landscape
Officers of a company must exercise due diligence (at all times) to ensure that the
business complies with its WHS responsibilities
Are you an Officer?
The definition of an Officer includes:
•
a director or secretary of a corporation? or
•
a person:
‒ who makes, or participates in making
decisions that affect a substantial part of
the organisation?
‒ who has the capacity to affect
significantly the corporation’s financial
standing?
Legislative Landscape
Due diligence includes:
• To acquire and keep up-to-date knowledge of WHS
• To gain an understanding of the nature of the operations and associated risks
• Provide resources and processes to eliminate or minimise risks
• To ensure processes are in place for complying with any duty or obligation
• To ensure appropriate processes are established for receiving and
considering information regarding incidents, hazards and risks and responding
to this information in a timely manner
• Verify the resources and processes referred to above are in place and working
Penalties
Maximum
Penalty –
corporation
Maximum Penalty – individual
The most serious offences –
causing death, or serious injury or
high risk of death or serious injury
involving recklessness.
$3 million
•
Category 2
Offences involving a high risk of
death or serious injury without
recklessness
$1.5 million
•
•
$300,000 for officers
$150,000 for workers or other
persons
Category 3
Less serious offences placing
persons at risk of injury or illness
$500,000
•
•
$100,000 for officers
$50,000 for workers or other
persons
Nature of Offences
Category 1
•
$600,000 and/or 5 years
imprisonment for officers
$300,000 and/or 5 years
imprisonment for workers or
other persons
The Changing Safety Paradigm
Risk
Management
Consultation
Cooperation
Coordination
Monitor, Audit &
Review
Safety
Management
System
Training
Instruction
Information
Supervision
The
Roleforofthe
the
HRPillProfessional
YourExciting
Prescription
Red
Recruitment
Systems
and
reporting
Accountability
WHS
Professional
Performance
Management
Analysis
Embedding
practices in
various
systems
Training
Thank you