Contingent: The Flexible Workforce Conference - Safety Management in Contingent Workforce Services

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Charles Cameron presents at the 2013 Flexible Workplace Conference in Sydney. Charles is a Partner at FCB Group and presented on Safety Management and OH&S in the Contingent Workforce. Find out more about ATC Events and our conferences at www.atcevent.com

Text of Contingent: The Flexible Workforce Conference - Safety Management in Contingent Workforce Services

  • 1. SAFETY MANAGEMENT IN CONTINGENT WORKFORCE SERVICES WELCOME TO THE COMMUNE CHARLES CAMERON FCB GROUP AUGUST 2013 This information is the property of ATC Events and may not be reproduced or used without attribution

2. WHO IS A WORKER UNDER WORK SAFETY LAW? 3. PERSON CONDUCTING A BUSINESS OR UNDERTAKING 4. PCBU DUTIES A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of: a) workers engaged, or caused to be engaged by the person; and b) workers whose activities in carrying out work are influenced or directed by the person, while the workers are at work in the business or undertaking 5. JOINT OBLIGATIONS The Model WHS law confirms that more than one person can have a duty and provides that: 1) More than one person can concurrently have the same duty 2) Each duty holder must comply with that duty to the standard required by the Act even if another duty holder has the same duty 3) If more than one person has a duty for the same matter, each person: a. retains responsibility for the person's duty in relation to the matter; and b. must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity 6. THE BRADY BUNCH OBLIGATIONWhere PCBUs hold concurrent duties under the WHS Act with another PCBU, they must consult, cooperate and coordinate with each other and their workers, so far as is reasonably practicable, which is a four part test. Reasonably Practicable A. B. C. D.the likelihood of the hazard or risk occurring the degree of harm from the hazard or risk knowledge about ways of eliminating or minimising the hazard or risk the availability and suitability of ways to eliminate or minimise the risk 7. IF GREG AND CINDY CAN DO IT.. 8. KEY MESSAGES1. More than one person or party can be responsible 2. Lack of effective control will not provide a clear defence 3. All parties must work with one another to manage safety 4. Clients should coordinate multiple suppliers of contingent labour to ensure due diligence is met 9. WHO IS DEEMED AN OFFICER? 10. WHO ARE YOUR OFFICERS? 11. OFFICER LIABILITY Section 27 states that If a PCBU has a duty or obligation under the Act, an officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation.An officer of a PCBU may be convicted or found guilty of an offence under this Act relating to a duty under section 27 whether or not the PCBU has been convicted or found guilty of an offence under the Act relating to the duty or obligation. Source: Work Health and Safety Act 2011 No 10 (NSW) 12. DETERMINING WHETHER AN OFFICER IS GUILTY OF AN OFFENCEDid the Officer meet their due diligence obligations?DUE DILIGENCE has now been defined... 13. WHAT DOES DUE DILIGENCE LOOK LIKE?The Officer needs to demonstrate that they have established a process to: 1. ACQUIRE KNOWLEDGE & KEEP UP-TO-DATE KNOWLEDGE OF WHS MATTERS 2. GAIN AND UNDERSTANDING OF THE PCBU OPERATIONS AND RISKS 3. ALLOCATE APPROPRIATE RESOURCES AND PROCESSES TO MANAGE WHS 4. ENSURE THE PCBU MANAGES HAZARDS AND INCIDENTS IN A TIMELY MANNER 5. ENSURE THE PCBU COMPLIES WITH ITS DUTIES UNDER THE WHS LEGISLATION 14. EXAMPLES OF DUE DILIGENCE Making Making decisions decisions about about procedures & procedures & resources resourcesComply with Comply with licensing & licensing & registration registration obligations obligationsReporting of Reporting of incidents & incidents & emerging emerging hazards hazardsEnsuring Ensuring steps are steps are taken to taken to manage risk manage riskCooperate Cooperate & & Coordinate Coordinate with other with other PCBU PCBU Inspection Inspection & auditing & auditing processes processesAdvice from Advice from as suitably as suitably qualified qualified person person 15. PENALTIESCategory 1 = $600,000 and/or 5 years jail Category 2 = $300,000 Category 3 = $100,000 16. VOLUNTEER OFFICERS Volunteer officers will have the duty but cannot be liable for a breach A volunteer is a person who is not working for reward, although they may receive reimbursement of expenses incurred by them. A volunteer may be an officer of a PCBU. For example, a person may be a voluntary member of a committee of a not-for-profit association that is conducting an undertaking.A volunteer officer will be expected to comply with the officers duty and the regulator can compel compliance with that duty by issuing an improvement notice. 17. THE KEY TO BEING PROACTIVE Officers must use the level of sound judgement, prudent decision-making and taking of action that any reasonable person would, to prevent and reduce hazards and risks to health and safety. 18. PRACTICAL STEPS PATH TO COMPLIANCE 19. Presented July 2013 Presented byCHARLES CAMERON CC@FCBGROUP.COM.AU 0414 734 329 This information is the property of ATC Events and may not be reproduced or used without attribution