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27th December 2012, 08:25 PM #1
Obligations under the Work Health and Safety Act 2011 Queensland
For a number of years I have been alerting others to their obligations under the various Work Health and Safety Acts in Australia and the implications it will have on clubs & committees.
Most believe not for profits or unincorporated associations do not come under Work Health and Safety legislation because there it is no “paid work” performed.
The catch with our H&S legislation is that it does not have to be a business - the words "an undertaking" is what brings all not for profits under H&S legislation here at least. "a person conducting a business or undertaking ..... whether or not for profit or gain. A PCBU can be a ..... unincorporated association"
http://www.deir.qld.gov.au/workplace...s-act-2011.pdf
One matter that is also now very clear in Queensland & soon to be Australia wide is that "a member of the association may be prosecuted for failure to comply with the duty of a worker (s.28) or of another person at a workplace (s.29)." Volunteers are exempt from some prosecutions as officers of the association. “Volunteers are, however, liable for duties owed as workers (s.28) or other people at a
workplace (s.29).” If a wage is paid to an officer its a different ball game. Volunteers may be exempt from some prosecutions however they still have obligations.
Penalties range up to $600k or 5 years jail. Can't get any more explicit than that!
These matters are also now coming to a head particularly with the group insurer for most wood working clubs in Australia is now insisting on clubs providing evidence that they are complying with legislation, have a working H&S system and have implemented a risk management code. No insurance otherwise!
Time to get very serious in Australia and to comply or get out of clubs all together!
Committees in other jurisdictions would be well advised to check their legislation.
In Townsville we have a gymnastics not for profit who lost a gymnast in a tumbling routine after hitting her head on exposed concrete. The committee was fined $70k and found negligent in the industrial magistrate’s court, basically for not discharging their mandatory obligations under H&S legislation. The civil suits haven't even started yet and it’s been well over three years of stress for the committee so far and its a long way off finishing. The gymnast’s family & friends are devastated. http://www.deir.qld.gov.au/workplace/law/prosecutions/2011/t
ownsville-gym-inc/index.htm
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5th January 2013, 06:30 AM #2
With the national push in Australia to improve work place health & safety, the new standardised legislation captures any activity that is considered an undertaking and potentially covers recreational pursuits. Wood clubs (and private instructors) should be proactive to ensure that there are no significant injuries or deaths to draw attention to our recreational pursuit.
Clubs (or wood workers / turners) that charge a fee for courses, to members / non-members / others, or offer any form of instruction or hands-on activities to non-members / others would be very prudent to check their potential liabilities & insurance coverage with their insurer.
Instituting hazard identification and risk control; making sure their electrical & machinery compliance is in order; plus ensuring safety policies & standards are in compliance with the laws covering health & safety would be very prudent as demonstrating that they are doing things as far as is reasonably practicable to comply, & it would be the moral thing to do!
There is already a precedent in Qld as the national model Work Health and Safety Act did not include recreational diving, so new legislation was created to cover it - Safety in Recreational Water Activities Act 2011 (the SRWA Act). The following is comment about meeting obligations from
Safety in Recreational Water Activities Act 2011 - Workplace Health and Safety Queensland
How these duties can be met
A PCBU* has a duty under the SRWA Act to either eliminate or minimise the risks to health and safety as far as is reasonably practicable.
The PCBU must assess all reasonably foreseeable hazards likely to occur while conducting the activity and the harm that could result, and decide how to control the risks from these hazards.
The PCBU must provide and maintain safe plant and structures and ensure the safe use, handling and storage of plant, structures and substances.
The PCBU must provide information, training, instruction and supervision to protect people undertaking recreational water activities and must also monitor the people for whom they provide the activity and conditions where the activity is provided to prevent illness or injury.
A PCBU also has a duty to notify the regulator in the event of a serious injury or illness or when a dangerous incident has occurred.
*any person who conducts a business or undertaking (PCBU)
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