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In July 2008, the Council of Australia Governments decided to work
toward the harmonisation of work health and safety laws. Model
Workplace Health and Safety laws including Model Regulations and
Codes of Practice adopted by every Australian State and Territory
except for West Australia and Victoria will be implemented on
1 January 2012.
The aim
The main aim of the harmonized laws is not dissimilar to the
aims of each State law that currently apply. The aim is to
secure the health and safety of workers and workplaces
through:
- the elimination or minimisation of risks,
- fair and effective representation
- consultation, co-operation and issue resolution
- encouraging employer organisations and unions to play a
constructive role
- provision of advice, information, education and training,
and
- effective and appropriate compliance and enforcement
measures
Primary Duty of Employers
The duty of a person conducting a business or undertaking must
ensure, so far as is reasonably practicable, the health and safety
of:
- workers engaged, or caused to be engaged by the person,
and
- workers whose activities in carrying out work are influenced or
directed by the person, while the workers are at work in the
business or undertaking.
The definition of what is 'reasonably practicable' is
one of the most important elements of the harmonized laws. The
summary provided by Safe Work Australia defines it as follows:
The term 'reasonably practicable' means that which is, or was at
a particular time, reasonably able to be done in relation to
ensuring health or safety, taking into account and weighing up all
relevant matters including:
- the likelihood of the hazard or risk occurring
- the seriousness of the risk
- what the person concerned knows, or ought reasonably to know,
about the hazard or the risk, and ways of eliminating or minimising
the risk, and
- the availability and suitability of ways to eliminate or
minimise the risk.
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After assessing these matters the cost of ways of eliminating or
minimising the risk, including whether the cost is grossly
disproportionate to the risk, may also be taken into account.
Safe
Work Australia has published a summary of the harmonized law
which is very useful in attempting to understand the impact of the
law on your workplace. Also useful information has been published
on each of the State and Territory websites explaining how the law
varies (if at all) from the current arrangements
.
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