While the introduction of critical risk and the proposed changes for small PCBUs are probably getting the most attention, the Bill also includes several other changes that could affect how businesses meet their health and safety obligations.
Here’s a snapshot of the other proposed changes.
Q: What are Approved Codes of Practice and why do they matter?
The proposed changes give Approved Codes of Practice greater legal weight. An Approved Code of Practice could look something like this:
If your workers regularly work at heights, the law says you must eliminate or minimise the risk of falls. An Approved Code of Practice would explain practical steps such as:
- When to use scaffolding or edge protection
- How to inspect harnesses
- What training workers should receive
- How to plan the work safely
Following that guide helps demonstrate you’ve taken reasonably practicable steps to protect your workers.
Following an approved code may provide a “safe harbour”, helping businesses demonstrate they have met their health and safety obligations.
Another key point to make here though is this … you will still have to provide proof at every step of the way you have followed all practical steps so in fact, the outcome may change because you followed the rules but you will always have to demonstrate it, hence why keeping robust reporting and consistent reporting is a must.
Q: Are officer duties changing?
Yes. The Bill proposes clearer and more defined duties for company officers, aiming to better clarify who is responsible for what and where due diligence obligations begin and end.
Let’s back track here a bit though for clarity once again … who are the company officers referring to:
An officer is someone who has “significant influence” over how a business is run and who makes important decisions about its direction and resources.
In plain English, an officer is usually:
- A company director
- A business owner
- A CEO or managing director
- A company executive
- A partner in a partnership
- A trustee or other person who has significant control over the organisation
An officer is not usually:
- A supervisor or team leader (unless they also sit in one of the roles above)
- A manager who simply carries out the decisions of the business
- A worker or contractor
Q: Will landowners still be responsible for people using their land recreationally?
The proposed reforms include a change that would remove certain HSWA duties to people using land for recreational activities, providing greater clarity for many landowners.
Here’s a fairly straightforward example of what this is referring to to help give it some context:
If someone is legally using your land for recreational activities such as walking, hiking, mountain biking or fishing, you would generally no longer have a health and safety duty to that person under the Health and Safety at Work Act.
There are some important exceptions. You would still have responsibilities if:
- the recreational activity is connected to your business, or
- work is being carried out in the same area at the same time.
Q: What if another law already covers the same health and safety issue?
The Bill aims to reduce duplication by clarifying that complying with another piece of legislation may also satisfy the equivalent duty under the Health and Safety at Work Act.
Q: What changes are being proposed for WorkSafe?
The Bill includes changes to WorkSafe’s functions and responsibilities, with the intention of improving how the regulator supports businesses while carrying out its enforcement role.
Q: Are the rules for notifying WorkSafe potentially changing?
Yes. The proposed amendments seek to provide clearer guidance on which workplace injuries, near misses and incidents must be reported, helping businesses better understand their legal obligations.
Here’s a practical example of what this looks like:
Imagine WorkSafe is like a project manager on a construction site
They don’t spend all day checking whether every cone is perfectly lined up.
Their attention is on the activities that could have life changing consequences; excavations, working around live services, heavy plant and lifting operations etc. They make sure these critical risks are properly planned, controlled before work begins and then monitored.
The proposed changes do the same thing for WorkSafe. They clearly define its main responsibilities so businesses have a better understanding of what WorkSafe is there to do and where it will focus its time and resources.
In short, this change is about making WorkSafe’s role clearer and more focused, it doesn’t create new health and safety duties for businesses.
Q: What should your business do now?
These reforms are still progressing through Parliament but they signal a shift towards a more practical, risk based approach to health and safety.
The detail matters and every business will be affected differently depending on its size, industry and level of risk.
If you’re unsure what these proposed changes could mean for your business, now is the time to ask. Safety Ange can help you understand the reforms, identify how they apply to your workplace specifically and ensure you’re prepared for any future changes with practical, straightforward advice.
