Reference Material

This section will contain a range of reference material fincluding forum presentations, quick links to useful external documents as well as other reference material such as posters developed for organisations to use within their workplaces when developed.

OHS HARMONISATION QUESTIONS AND ANSWERS

If a Union representative initiates action against a PCBU for a category 3 offence can the PCBU also be penalised by WorkCover?

WorkCover have advised that a PCBU would not be prosecuted twice and they would be guided by the National Compliance and Enforcement policy soon to be located on the SafeWork Australia website.

Is an officer of an organisation a PCBU?

Whilst PCBU stands for Person Conducting Business or Undertaking it is actually referring to the legal entity and not an individual except for a sole trader so this would be the only time that an Officer was the PCBU.

What is the PCBU’s obligations to a volunteer who provides assistance outside of their volunteer role with the PCBU?

PCBUs should clearly define the role of a volunteer as they would for any other worker. If the volunteer chooses to provide assistance to individual clients outside of this defined role of their own initiative they are doing so as private individuals and not as workers. A useful guide on volunteers is "Volunteer Health and Safety - a handbook for community service organisations" produced by Worksafe Victoria.

Where a family member/carer helps out during an in-home service or a community outing with the care of their loved one are they volunteers and therefore workers under the WHS Act?

Where the PCBU is not directing or controlling the activities of a family member/carer who is providing assistance during a work activity they would not be considered as a worker but rather as an other in the workplace. The obligation to such people is as an other and they should be instructed regarding the task and any perceived risks associated with the task or the environment.

Would someone receiving a service and makes a co-payment for that service be regarded as a PCBU?

As there is no employment relationship in this situation the person making the co-payment would not be a PCBU but the service provider would be.

When is a self-funded person with a disability who pays directly for services a PCBU?

When a self-funded person with a disability engages someone to provide a regular service to them and pays them directly under a contract of employment (as opposed to a contractural agreement) whether that contract of employment is verbal or in writing, they may be considered to be a PCBU though both WorkCover and Safe Work Australia see this as a grey area. The advice from WorkCover is that such person would be expected to fulfil their role as a PCBU to the best of their ability considering the circumstances. This is likely to include the provision of basic information about any known hazards e.g. dog bites when excited, bathroom tiles are slippery when wet and available safety measures. A useful resource for self-funded individuals to provide to their carers in the "Manual Tasks Guide for Carers" produced by Worksafe Western Australia.

Should protable residual current devices(RCDs) be provided to in home support workers?

As home care workers use handheld or portable electrical equipment (vacuum cleaner, hair dryer etc.) that is owned by the client and there is no obligation on the client to ensure the availabiliity of a residual current device at the main switchboard or elesewhere then the provider must supply portable RCSs for use by their employees to ensure their electrical safety. Testing of the devices must be done by competent persons. The simple push button test must be conducted daily or prior to use whichever is the longer by the operator after the support worker has been trained in the use of the test button. The RCD should also be tested every 6-12 months depending on type of use by a competent person. A competent person is an electrically qualified person such as an electrician or a person trained to use an RCD tester.

WHAT ARE THE ARRANGEMENTS FOR CONSULTATION TRAINING?

WorkCover NSW has proposed some transional arrangements for existing OHS Representatives and OHS Committee Members. Under the WHS Act HSRs will replace OHS representatives and health and safety committees will replace OHS committees. WorkCover intends to allow those OHS representatives and OHS committee members who have been elected within the two years preceding commencement of the new legisation to become HSRs and Health and Safety Committee members respectively from 1 January 2012, provided these arrangements are regarded as continuing to meet the consultation needs and obligations of the organisation.

As the role of a HSR includes additional powers and functions compared to an OHS representative, including the ability issue a provisional improvement notice (PIN) and to direct that unsafe work cease, there will be an option for transitioned HSRs to undertake an approved gap training course if they wish to exercise their full powers under the new legislation. WorkCover is currently developing gap training (proposed to be one day in duration) but competion of the current 4 day course in OHS Consultaiton over the past 2 years will be a pre-requisite for the gap training.

GENERAL

OHS regional network meeting Oct/Nov 2010

Network meeting presentation and generic minutes are attached. See news item for more attachments of handouts.

OHS regional network meeting July 2010

Network meeting presentation and generic minutes are attached

OHS regional network meeting January 20 to February 5

Network meeting presentation and generic minutes are attached.

OHS regional network meeting May 2011

Generic minutes and network meeting presentation are attached.

OHS regional network meeting Nov 2011

Network meeting presentation is attached.

Prevention and management of Psychological Injury Forum