The Workplace Relations Ministers' Council (WRMC) has recently endorsed the Model Work Health and Safety Act (Model WHS Act). What this means is that each state and territory must adopt this Act and its supporting Regulations and Codes of Practice by 31 December 2011.
The Model WHS Act recognises the importance of consultation in securing safe workplaces and provides additional powers and functions to health and safety representatives (HSRs), which are currently known as occupational health and safety (OHS) representatives in NSW (Part 5).
New powers will include the power of HSRs to issue a Provisional Improvement Notice (PIN) to a person where there are reasonable grounds to believe that the person is contravening the WHS Act or Regulations. A HSR can also direct a person to cease work where the HSR has reasonable grounds to believe that to continue work would expose them or any other person to a serious risk to their health and safety.
The draft model administrative Regulation provides for 5 days initial HSR training, a one-day refresher each year and any further training as agreed between the HSR and a person conducting a business or undertaking (PCBU).
Section 90(4)(c) of the Model WHS Act provides for a transitional arrangement by allowing a HSR to issue a PIN if the HSR has undertaken training equivalent to the initial training prescribed by the regulations under a corresponding WHS law. This would enable HSRs who have already received training (which includes training on the issuing of PINs and cease work provisions) to continue under the new legislation. However, this will not apply in NSW due to the absence of PIN and cease work provisions presently. It is likely that ‘gap' or ‘bridging' training will therefore need to be provided to existing NSW OHS representatives in order for them to qualify as a HSR, prior to the commencement of the Model WHS legislation on 1 January 2012.
Should you require any further information in relation to the Model OHS act, please contact the Workcover NSW Third Party Management Unit on 1800 855 969.
Easy HR will be applying to the regulator to ensure that we are able to continue offering occupational health and safety training under the new provisions.
Back to Top
|
