WHS and What to Look Out For

Under new work health and safety legislation, business owners need to demonstrate they have processes in place to maintain a safe workplace.

Since 2012 all states and territories except Victoria and Western Australia have agreed to cooperate on adopting new harmonised WHS laws.

The result is an increased responsibility placed on the business to know what workers and contractors are doing.

Businesses need to be aware of the penalties associated with that responsibility. For example the worst breaches can attract fines of up to $3 million for corporations and up to $600,000 and/or five years jail for individuals.

Directors or officers of the business are now subject to prosecution under a criminal jurisdiction, not a civil jurisdiction as before.

As a result if your are charged due to a serious breach occurring on your premises you can be jailed or struck off as a director for up to seven years.

The legislation refers to a “person conducting a business or undertaking (PCBU) as being responsible for the safety of the workers. That covers directors, managers and basically all roles in charge of staff.

If you are a PCBU then it is your responsibility to ensure you are aware of WHS laws and how to comply. The best way is enrol in an online course that covers the new WHS laws.