Key changes under the new laws

From 1 January 2012, your business will have to adjust to new safety duties and responsibilities under the Work Health and Safety Act 2011.

A brief summary of key changes under the new laws is provided below. Members should contact Master Builders for specific advice and guidance.

Important issues explained

A number of contentious and ambiguous areas of the new work health and safety laws require further explanation for those working in the building and construction industry.

Master Builders successfully negotiated with Workplace Health and Safety Queensland (WHSQ) to obtain a clearer and more agreeable position for our members in relation to the following important issues. Industry guidance notes formalising the decisions made as a result of Master Builders lobbying will be released by WHSQ over the coming weeks.

A new set of safety obligations

You will have a completely new set of safety obligations. If you are an ‘officer’ of a company (i.e. a director, secretary, general manager, chief executive officer, chief operations officer or chief financial officer), you will be obliged by law to exercise ‘due diligence’ to ensure your organisation does not breach health and safety laws.

This means you will have a legal responsibility to keep informed about health and safety matters, and act immediately on any health and safety risks that are brought to your attention.

Due diligence

The duty of due diligence applies whether or not there has been a work health and safety incident or the business is prosecuted – an officer may be asked during any routine health and safety inspection to produce satisfactory evidence that they meet due diligence requirements.

While a business may retain a dedicated workplace health and safety officer (WHSO), it will no longer be mandatory to do so under the new laws, and officers must remember that the responsibility to exercise due diligence will always remain with them.

Workplace Health and Safety Queensland provide further information outlining the due diligence criteria listed under the new laws and suggestions on how to meet them.

Expanded duty of care

You will be responsible for the health and safety of a lot more people. The new laws will place a requirement on anyone who conducts a business or undertaking to provide a safe workplace for all employees and workers affected by that business.

And under the new laws, the definition of both ‘worker’ and ‘workplace’ will be broadened; most notably to include contractors and labour hire workers. In short, this means your duty of care will expand significantly.

Increased penalties & fines

You will be exposed to a substantial increase in penalties and fines. Under the proposed new laws, corporations face fines of up to $3 million per offence, while individuals face fines of $600,000 or five years in jail.