Australia is now less than six months away from the introduction of nationally consistent health and safety laws and new model codes of practice. The aim is to improve work health and safety for all Australians but what will the impact be for business?

On 1 January 2012 Australia will usher in a new work health and safety regime with the national introduction of a largely consistent set of safety laws. In addition, there will be the release of new model codes of practice that provide practical guidance to help companies minimise particular areas of risk and meet their obligations under the Work Health and Safety Act and regulations.

For some organisations the impact will be minimal but for others, particularly those operating across multiple state borders, there are likely to be changes to processes and procedures as well as information required to be recorded and reported.

Less paperwork?

The goal of consistent national Work Health and Safety (WHS) laws is to remove many layers of legislative complexity for businesses. There is also the hope that it will reduce the quantity of paperwork currently required of WHS staff as they contend with multiple State and Territory laws. However, is important to note that while the laws will be similar in each State, they will not all be the same and the States will continue to operate as separate jurisdictions. They will also be able to enact their own legislation, as evidenced by Queensland's recent introduction of safety laws for its diving industry. Given there will still be nine sets of regulations and nine government bodies that companies need to be across, it is debatable how large a reduction in paperwork can actually be achieved.

More collaboration

Accountability is the big focus of WHS harmonisation with the new laws demanding greater visibility into WHS practices, better communication and more comprehensive reporting. Business owners, directors and other management will find their duty of care far more tightly defined. In some States, for the first time, this duty will extend to labour hire, contractors and subcontractors. Where duty of care to a worker overlaps with another organisation - for example, if a cleaning company employee is sent to work on a customer site - the two organisations will need to consult and work together to ensure proper attention to Work Health and Safety issues.

One offshoot of this is that companies are likely to seek reassurance that their business partners' practices are WHS compliant. Already some government departments will not work with suppliers unless they can provide clearly documented WHS policies.

The draft bills also point to a requirement for more consultation with workers on WHS matters. There will be an onus on companies to identify and structure ways to encourage workers to share their views and experiences, and to gain their input into discussions regarding practical approaches to resolving health and safety risks.

All of this of course, should be well documented to avoid future criticisms or disputes. New procedures may need to be drawn up and reports prepared to ensure full management visibility of their responsibilities.

The document trail

In addition to documenting activity to show compliance, there are a number of specific reporting requirements. Serious or dangerous incidents including fatalities and certain illnesses must be notified to the relevant State authority (or authorities) immediately and records of the event must be kept for a specific period of time. WHS staff need to get across these requirements as soon as possible to ensure that appropriate notification and record keeping processes are in place from day one.

Enhanced collaboration is also going to require a new openness and accessibility among key roles including WHS staff, workplace representatives and health and safety committee members. This is where tools such as recording and notification systems; email and reporting solutions can help to systematise communication and ensure that every participant meets their obligations. Systems also offer the opportunity to introduce greater transparency.

Use the remaining time wisely

Over the next few months human resources and occupational health and safety staff should revisit their existing WHS plans and check their risk management strategy. Confirm that the scope of strategy is still appropriate for the business; check the relevant State government health and safety websites to determine exactly what your duty of care obligations are going to be under the new regime. Consider conducting risk assessments to identify potential risks and put in place mitigation measures. Begin consulting with staff to ensure that safety programs are practical and that they are achieving their aims.

Seek ways of promoting awareness of safety requirements, not just to staff but to customers, contractors and other business partners. And look at introducing systems to manage alerts, notifications and related documents.

Besides the promise of reducing OHS complexity and paperwork, harmonisation provides an exceptional opportunity to strengthen management and employee awareness of risk. With any luck, it might even prove to be the impetus for developing an improved work and safety culture in Australia's boardrooms and workplaces.

About the author

Moshe Woods, is Director, Safety, Risk and Claims Management Solutions at ComOps. For further information visit www.comops.com.au