New Occupational Health and Safety (OHS) laws are set to be rolled out on 1 January 2012, and contain fundamental shifts from what has been mandated in the past.

The so-called ‘harmonisation’ of the OHS laws is aimed at nationalising legislation which has previously had significant differences between states.

At a seminar held last week by Aon Hewitt, Paul Cutrone, partner Sparke Helmore lawyers, said the new laws will completely change the legislative framework of OHS, and calls for greater consultation with workers.

Cutrone said that there is the good expectation that a worker will leave an organisation in the same condition in which they arrived, and the legislation will work to further uphold that expectation.

He said the new laws will ‘de-mystify’ current OHS classifications, and bring the focus back to what companies do in order to ensure safe working conditions.

In the event of an injury or death at work, employers will have to demonstrate that all reasonable and practical steps were taken to both assess risks and manage risks, and ‘demonstrable recklessness’ will result in jail terms and fines.

“Safety effort will be rewarded under this new legislation, not opportunities to weasel out of it,” Cutrone said.

He added that a fundamental aspect of the new laws is demonstrating “what you knew, and ought to have known” through exercising ‘due diligence’.

Additionally, he said it is integral for everyone to know the risks and hazards present in an organisation. “If you don’t know those issues, you’re endangering the community,” he said.

Steven Cakaric, principal, People Risk Solutions Aon Hewitt, said it is important to understand that the model act says a person conducting a business or undertaking has a primary duty of care to ensure a workers’ safety.

As such, the definition of a worker has been broadened in the new legislation to include not only employees, but subcontractors and employees of the subcontractors.

Cakaric said that HR managers need to be aware of the implications of their role in the function of a business or corporation.
Paul Cutrone identified a brief checklist for employers to ensure they have identified hazards, and assessed risks:

1. Devise a safety strategy
2. Identify clear times to revisit the strategy
3. Have a risk assessment procedure in place
4. Monitor the procedures
5. Ensure processes for receiving information
6. Ensure all processes are in compliance with the OHS act
7. Verify procedures through auditing and comprehensive reviews
8. Amend disciplinary procedures

Cutrone said the final set of codes and practices will be released by the end of August.