Safe Work Australia has released five new work health and safety model Codes of Practice for a 12 week public comment period.

The Codes released for public comment are:

• Safe Design, Manufacture, Import and Supply of Plant
• Working in the Vicinity of Overhead and Underground Electrical Lines
• Traffic Management in Workplaces
• Scaffolding Work, and
• Formwork and Falsework.

Safe Work Australia has issued an update on its progress on the national system:

• The WHS laws commenced in the Commonwealth, ACT, NSW, NT and QLD on 1 January 2012. The WHS laws have passed in Tasmania with a commencement date of 1 January 2013.
• Six further Codes of Practice have been endorsed as part of the harmonised WHS laws subject to minor technical and editorial changes:
  • Safe design of structures
  • Excavation work
  • Demolition work
  • Spray painting and powder coating
  • Abrasive blasting, and
  • Welding processes.
  After technical and editorial changes are finalised these codes together with the six codes previously agreed by Members will be sent to the Ministerial Council:
  • First aid in the workplace
  • Managing risks in construction work
  • Preventing falls in housing construction
  • Managing electrical risks at the workplace
  • Managing risks of hazardous chemicals, and
  • Managing risks of plant in the workplace.
  If approved these 12 codes will become model Codes of Practice.
• Five further Codes of Practice will be released for a 12 week public comment period commencing early April 2012:
  • Safe design, manufacture, import and supply of plant
  • Working in the vicinity of overhead and underground electrical services
  • Traffic management in workplaces
  • Scaffolding work, and
  • Formwork and falsework.

Safe Work Australia has published the Worker Representation and Participation Guide. The Guide provides information on the representation and participation of workers in health and safety matters at the workplace, as well as guidance on resolving health and safety issues.

The Work Health and Safety Codes of Practice 2011 have been registered. The Codes apply from 1 January 2012.

The Codes comprise:

GENERAL RISK AND WORKPLACE MANAGEMENT
Code of Practice: How to Manage Work Health and Safety Risks
Code of Practice: Managing the Work Environment and Facilities
Code of Practice:Work Health and Safety Consultation, Co-operation and Co-ordination

HAZARDOUS WORK
Code of Practice: Managing Noise and Preventing Hearing Loss
Code of Practice: Hazardous Manual Tasks
Code of Practice: Confined Spaces
Code of Practice: Managing the Risk of Falls at Workplaces

HAZARDOUS CHEMICALS
Code of Practice: Preparation of Safety Data Sheets for Hazardous Chemicals
Code of Practice: Labelling of Workplace Hazardous Chemicals

ASBESTOS
Code of Practice: How to Manage and Control Asbestos in the Workplace

The Commonwealth, New South Wales, Queensland, the Australian Capital Territory and the Northern Territory have now enacted the provisions of the Model WHS Act ready for commencement from 1 January 2012.(Safe Work Australia)

Three further Codes of Practice have been agreed to as part of the harmonised work health and safety laws, subject to final technical and editorial changes:

* First Aid in the Workplace
* Managing Risks in Construction Work
* Preventing Falls in Housing Construction

These codes will become model codes when approved by the Ministerial Council.

The Work Health and Safety Bill 2011 has been passed by Parliament and is awaiting Royal Assent.

The Bill is an important part of the harmonisation of Australia’s work health and safety laws. Queensland, New South Wales and the ACT have passed model WHS laws which mirror the Commonwealth Act and will all start on 1 January 2012. Other states will follow.

The Bill includes the following key elements:
• a primary duty of care requiring persons conducting a business or undertaking (PCBUs) to ensure, so far as is reasonably practicable, the health and safety of workers and others who may be affected by the carrying out of work (“workers” is very widely defined and is not limited to employees).
• duties of care for persons who influence the way work is carried out, as well as the integrity of products used for work
• a requirement that ‘officers’ exercise ‘due diligence’ to ensure compliance: officers (as defined by the Corporations Act) must exercise ongoing due diligence to ensure that a PCBU meets its WHS obligations.
• reporting requirements for ‘notifiable incidents’ such as the serious illness, injury or death of persons and dangerous incidents arising out of the conduct of a business or undertaking
• a framework to establish a general scheme for authorisations such as licences, permits and registrations (e.g. for persons engaged in high risk work or users of certain plant or substances)
• provision for consultation on work health and safety matters, participation and representation provisions
• provision for the resolution of work health and safety issues
• protection against discrimination for those who exercise or perform or seek to exercise or perform powers, functions or rights under the Bill
• an entry permit scheme that allows authorised permit holders to inquire into suspected contraventions of work health and safety laws affecting workers who are members, or eligible to be members of the relevant union and whose interests the union is entitled to represent
• provision for enforcement and compliance including a compliance role for work health and safety inspectors.

The penalties for a breach will be a maximum of $3 million for corporations and up to a maximum of $600,000 or 5 years imprisonment or both for officers.

Unless otherwise specified, offences in the Act are strict liability offences.

WorkSafe Queensland has published a Guide to the Work Health and Safety Act 2011 (Qld) which is based on the new uniform law which will apply in all states, territories and the Commonwealth from 1 January 2012.

There is a helpful summary of the duties of persons conducting a business or undertaking (PCBU) and company officers to ensure the health and safety of
workers, to test safety and to provide information.