October News Letter
Personalised Business Coaching & Solutions
Due Diligence, Due Diligence Oh&S, Harmonisation of Ohs Laws,
So where are we up to re the Changes as of January 1 2012?
Good morning all. Well we are on count down to the new Act and all the different terminology that it will bring into our businesses. Thought that we would give you a quick rundown on the most “glaring” changes that we see so far.
Overview of terminology changes and definitions. ·
Officer. An officer within the meaning of section9 of the Corporations Act 2001. Broadly an OFFICER is a person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the organisations activities. This can be the CEO of the company or Not for Profit Organisation.They are PERSONALLY liable. So if you arte reading this newsletter and you have someone that should be aware of this new term, please let them know. Board rooms will have a “shift” in some businesses. ·
P.C.B.U. This stands for a Person Conducting a Business or Undertaking. This can be undertaking alone or with others, whether or not for profit or gain. A P.C.B.U. can be a sole trader (for example a self employed person), a partnership, company, unincorporated association, or government department of public authority. ·
Person with management control. A PCBU with management or control over the workplace. · Worker. There are no longer employees, employers, we are all workers. Workers are employees, sub contractors, contractors, outworkers, apprentices and trainees, work experience students, volunteers and PCBUs who are individuals if they perform work for the business. ·
Reasonably practicable. The guiding principle of the new Act is that all people are given the highest level of health and safety protection from hazards arising from work, so far as is reasonably practicable. The term “reasonably practicable” means that what could reasonably be done at a particular time to ensure health and safety were in place ‘at the highest level”…Not just PPE, or a process. ·
Duties. Each role such as officer, PCBU and worker all have noted, specific duties, now clear and defined. ·
Due diligence. In demonstrating due diligence OFFICERS will need to show that they have taken reasonable steps to: acquire and update their knowledge of health and safety matters, understand the operations being carried out by the business or undertaking, ensure appropriate resources are available and all complying with the Act. So in short have everything in place and all being worked through, compliant and updated. ·
Shared duties. A person may have more than one duty. For example, the working director of a company has duties of an OFFICER of the company but also of a WORKER. More than one person may have the same duty e.g. each director on the Board of Directors for a company, each fully responsible. ·
Notification changes. The requirement of when to notify and what constitutes a serious even has also changed. We will have to report more than we do now. ·
Increased fines. The penalties have changed and are clearly more specific as a deterrent than what we have been used to. They are listed as imposed on Corporations, Individual as PCBU or Officer, Individual as worker or other.
So these are a few of the terminology changes that we know of so far, If you wish to discuss any of these, or gain further information in what or how they impact just give us a call and we can discuss further. Remember…if you have an impact on anything or anyone in the way that they undertake a role or task….you will have a duty of care…..now clearly stated!!!! Need a hand or information give one of us a call? Until next month…..a month closer to our changes!! Lynn and the team at P.B.C.&S 07 3410 8482
, Due Diligence Oh&S
, Harmonisation of Ohs Laws
, Harmonisation Oh&S
, Oh&S Harmonisation
, Workplace Health & Safety Due Diligence