As an employer how do I meet my duty of care obligations?- Top
Be familiar with your general duty of care obligations under Section 8 of the OHS 2000 Act.
The most effective form of occupational health and safety (OHS) management is when health and safety is integrated in an organisation's corporate planning and implementation strategies.
A helpful guide is the WorkCover publication "Due diligence at work" a checklist for action on workplace health and safety for company directors and managers.
A lack of commitment to health and safety will result in OHS remaining an additional workplace activity which is insufficiently funded.
A six step approach has been devised to assist with the implementation of an OHS system. This plan can help you prevent accidents, incidents, injuries and work related ill health.
The six steps are:
- develop appropriate OH&S policies and programs;
- set up a mechanism to consult about OHS matters with employees;
- establish a training strategy;
- establish a hazard identification and workplace assessment process;
- develop and implement risk control strategies; and
- promote, maintain and improve these strategies.
These steps are not necessarily in order, because all workplaces are different.
What are the penalties for failing to meet the duty of care obligations?- Top
The OHS Act 2000 provides for breaches of duty of care in Section 12. The penalties are as follows:
- in the case of a corporation (being a previous offender) - $825,000 or
- in the case of a corporation (not being a previous offender) - $550,000 or
- in the case of an individual (being a previous offender) - $82,500 or imprisonment for 2 years, or both or,
- in the case of an individual (not being a previous offender) - $55,000.
* Further information, publications and FAQs can also be found on the WorkCover website.
What is duty of care?- Top
The Occupational Health and Safety Act 2000 is based on the principle of Duty of Care and covers all workplaces in NSW except mines.
Implementing the duty of care principle means planning for the prevention of workplace accidents, injuries and illnesses.
- There is a general duty of care on employers of the workplace to ensure the health, safety and welfare at work of all employees and others who come on to the workplace.
- It is the employer's responsibility to ensure that all reasonably practicable measures have been taken to control risks against all possible injuries arising from the workplace.
- The employer's duty of care applies to all people in the workplace, including visitors, contractors etc.
- There is a general obligation on designers, manufacturers and suppliers of plant and substances for use by people at work to ensure that their products are not a risk to health and safety when properly used, and to provide information on the correct use and potential hazards associated with the use of the products in the workplace.
- There is a general obligation on employees to take care of others and cooperate with employers in matters of health and safety An employee must also co-operate with the employer or other person so far as is necessary to enable compliance with the OHS Act 2000 and OHS Regulation 2001 (section 20, OHS Act 2000).
As employers are in control of the workplace and workplaces can have significant risks to health and safety, employers are required to organise their workplace and their work systems to ensure people at work are not put in harm's way.
What is the Six Step Approach to duty of care?- Top
A six step approach has been devised to assist with the implementation of an OHS system. This plan can help you prevent accidents, incidents, injuries and work related ill health.
The six steps are:
- develop appropriate OHS policies and programs
- set up a mechanism to consult about OHS matters with employees;
- establish a training strategy
- establish a hazard identification and workplace assessment process;
- develop and implement risk control strategies, and
- promote, maintain and improve these strategies.
These steps are not necessarily in order, because all workplaces are different.