Key facts about the WHS Legislation:
There are new roles and responsibilities for employers.
As of 2011 there are wording and definition changes implemented under the new WHS act. Worker replaces the term employee. A PCBU is a person conducting a business or undertaking.
A franchisor will be a PCBU in respect to its business while each franchisee will be a PCBU with respect to its own business
There are critical components under the act in regards to consultation:
– Changes to union rights of entry
– There is protection from discrimination, coercion and misrepresentation under the new WHS
– New penalties for breaches of the WHS
– New roles and responsibilities for health and safety representatives under the new WHS.
What do you need to do?.
What is “reasonably practicable” in terms of consultation will be relevant to your situation but the Act applies equally to businesses of all sizes. That means not only does the franchisor have to undertake the following, but so does each franchisee – for their own business:
– Review organisational structure to determine responsibility for WHS
– Review current policies, procedures and consultation processes to ensure that not only are they compliant, but that terminology used is consistent with the new act
– Identify the stakeholders within the network. For example, workers (franchisees will not be a “worker” of a franchisor), senior management or officers and those responsible for the implementation of safety initiatives
– Ensure directors and senior managers (officers) have sufficient oversight over safety matters
– Review contracts with relevant third parties such as suppliers of plant equipment or labour to address and to clarify respective obligations
– Review consultation arrangements to determine correct communication with all required parties, again coming back to the expanded definition of duty – holders and workers; establish whether you need to elect health and safety representatives for identified work groups, or if existing alternative arrangements are practicable
– Review procedures to ensure protection against engaging in discriminatory conduct against a worker who raises a health and safety issue
– Review the new regulations and codes of practice to determine what changes will need to be made to safety systems
Our programme provides the following assistance for franchisees and franchisors.
Assist with determining the legal framework for WHS in the workplace
1.1 Access current WHS legislation and related documentation relevant to the organisation’s operations
1.2 Use knowledge of the relationship between WHS Acts, regulations, codes of practice, standards and guidance material to assist with determining legal requirements in the workplace
1.3 Assist with identifying and confirming the duties, rights and obligations of individuals and parties as specified in legislation
1.4 Assist with seeking advice from legal advisers where necessary
Assist with providing advice on WHS compliance
2.1 Assist with providing advice to individuals and parties about their legal duties, rights and obligations, and the location of relevant information in WHS legislation
2.2 Assist with providing advice to individuals and parties about the functions and powers of the WHS regulator and how they are exercised, and the objectives and principles underpinning WHS
Assist with WHS legislation compliance measures
3.1 Assist with assessing how the workplace complies with relevant WHS legislation
3.2 Assist with determining the WHS training needs of individuals and parties, and with providing training to meet legal and other requirements
3.3 Assist with developing and implementing changes to workplace policies, procedures, processes and systems that will achieve compliance
This course is Nationally recognised and accredited. Participants who successfully complete it can receive credit toward a Certificate IV in WHS
This training is provided by Leadership & Compliance partnering with and under the auspices of Safety Corp Pty Ltd RTO 91694
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