News - Business Matters 2005/6
Extract: St George Bank
OH & S Law Changes For Small Business
The transitional period of two years to allow small businesses (less than 20 workers) time to comply with the Occupational Health and Safety legislation expired on 1 September 2003.
The new OHS laws ensure that both workers and employers have a say in all workplace OHS matters.
How is consultation to be performed?
The OHS Act 2000 requires either the establishment of Committees, and/or election of OHS representatives and/or other agreed arrangements such as regular meetings, feedback sessions or a suggestion box.
The OHS Regulation 2001 requires that a workgroup should be formed to ensure the OHS Committee or representatives are able to represent the workers in the workgroup effectively.
The employer must also ensure:
- That effective consultation takes places between worker and representative.
- Recognition of specific concerns about health and safety.
- That workers are aware of health and safety issues.
- Feedback to workers on issues of concern.
Increase of fines
Penalties for non-compliance have been increased and now range between Penalty Notices for employers from $1,000 to a maximum penalty of $825,000 for subsequent offences for corporations.
It is important that small businesses take immediate steps to comply with their requirement under the OHS Act 2000 and the Regulations. For the first 12 months WorkCover will focus on assisting small business implement the regulatory requirements. It is vital that employers take seriously their obligations and if they are in any doubt as to what is required, that they seek legal advice.
Ralf R. Hartmann J.P.
Senior Risk Management
Research Consultant
(02) 9212 2302
|
