ACT new safety Act and regulations
Significant new duties and fines
New work safety laws that started in the Australian Capital Territory in October have introduced significant changes, not just for employers, but also to ‘upstream duty holders’, suppliers, importers, manufactures and designers.
The new Act closely resembles the proposed model OHS legislation (see our article in this issue of the Adviser on the draft model) in that it expands the range of duty holders and their obligations. Under the ACT Act those who control the generation of risks, and who are in a position to control or eliminate them, now have a duty to ensure work safety by managing risk.
The Act also introduces expanded obligations to consult with employees and sets out the rights and functions of work safety representatives. The Act has much higher penalties from $1000 to $20 000 for individuals and $20 000 to $100 000 for corporations and allows for union protection and provides the criminal liability of corporation officers.
Duty to consult
The Act also creates a broad duty for employers to consult with employees on any issues that relate to work safety. The only limitation on the duty is that it exists as far as is 'reasonably practicable'. The Act also specifies an additional four matters that employers have a duty to consult with employees on. They are:
- identifying or assessing risks to work safety at the workplace
- the measures to be taken to manage risks to work safety
- the adequacy of facilities
- proposing changes that may directly affect work safety.
Further, if it isn't 'reasonably practicable' for the employer to consult with the entire employee group, or if an employee requests it, the employer must establish two or more 'worker consultation units' in the interests of work safety. Employers are also required to consult with their employees when establishing the units.
What are the penalties?
It is an offence not to meet these consultation conditions and there are heavy penalties for not complying. The current maximum penalty for a breach of the duty to consult is: $10 000 for an individual and $50 000 for a corporation.
The current maximum penalty for failing to establish a worker consultation unit, if one is required, is $5000 for an individual or $25 000 for a corporation.
Are there any exceptions?
This need to consult now applies to all employers who fall under the Act irrespective of size. The exception for employers with less than ten employees that existed under the old law hasn't been carried over.
For more information call the AFEI Hotline on 02 9264 2000 or see the: