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Greg Paterson, Work Health and Safety Reform will Affect Agency Practice


Greg Paterson

Health and safety has been on the business landscape for many years, initially as a means to reduce the risk of death or serious injury and developing to a more encompassing model of injury prevention and worker wellbeing.

The Federal program to introduce ‘harmonised’ work health and safety laws (WHS) in each Australian State and Territory is now well underway.

For businesses in NSW, Queensland, ACT and Northern Territory, the new WHS obligations are now in place. Other States will undoubtedly follow in due course.

Among significant changes, the WHS laws contain new requirements to consult, co-operate and co-ordinate safety with all others affected by your work.

The first consideration is that safety consultation and co-ordination is not confined to your own employees or even your own work premises. The legislation uses the new terminology of a “person conducting a business or undertaking”.

A Person Conducting a Business or Undertaking (PCBU) will have health and safety duties if they:

engage workers to undertake work for them, or if they direct or influence work carried out by workers of others may put other people at risk from the conduct of their business or undertaking manage or control the workplace or fixtures, fittings or plant at the workplace design, manufacture, import or supply plant, substances or structures for use at a workplace install, construct or commission plant or structures at a workplace.

This is a significant expansion of the current obligations of an employer or person in control of a workplace. It means there are simultaneous and overlapping obligations for each PCBU who may be involved in the work operations of another PCBU. This could mean, for example, a real estate agency as well as its property managers, have shared safety obligations with any PCBU engaged to provide home maintenance services for properties under management. In other words you will have shared safety obligations with anyone with whom you “do business”!!

A PCBU must consult on health and safety matters so far as is reasonably practicable with any workers who carry out work for the business or undertaking. PCBUs must give workers a reasonable opportunity to be informed about work health and safety. They must be able to express their views or raise issues.

You must also consult with other PCBUs with whom you do business, about health and safety decisions that directly affect them and which you influence or control. There is no doubt that the new WHS laws will generate concern throughout the real estate industry, as agencies struggle to understand how their WHS obligations are affected through their relationships with other PCBUs. This is particularly relevant in the performance of property management functions.

One thing is certain – every real estate agency must “exercise due diligence” to ensure that officers comply with any duties or obligations under the new laws including the provision of training, instruction or supervision that is necessary to protect all persons from risks to their health and safety.

To assist agency owners better manage their WHS obligations, REEF will be releasing in May, a WHS module to complement its existing People Management System. This on-line module supports businesses and its officers through the management and recording of hazards, incidents, accidents and consultation processes. Supported by relevant templates, policies and guides, the WHS module will provide a comprehensive WHS management framework.

REEF is a membership based employer association which provides agency owners with advice, guidance and assistance with any employment matter. Contact REEF on (02) 9261 2666.

 


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Greg Paterson