HEALTH & SAFETY IN EMPLOYMENT AMENDMENT ACT 2002
The amendment to the Health and Safety in Employment Act takes effect from 5 May 2003.
Employers who have not already taken account of the changes should now review the amendment with some urgency to ensure compliance and minimize any potential liability.
The amendments include extensions of coverage, a greater emphasis on employee participation, the ability of specific employees to issue hazard notices to employers, the ability to take private prosecutions and a prohibition on being able to insure against fines.
SUMMARY OF THE AMENDMENTS TO THE ACT.
Penalties
General penalties have increased to
- Imprisonment for a term of not more than 2 years
- A fine of not more than $500,000
Other specific sections of the Act incur fines of up to $250,000 including:
- Failure to maintain a register of accidents and serious harm,
- Interference at an accident site
- Failure to comply with improvement and/or prohibition notices,
- Failure to allow entry, inspection, examination and or enquiry by an inspector.
Indemnity
Employers are not permitted to indemnify themselves/employees against any liability for the payment of any fine or infringement under the Act.
Hazards
The Act now includes situations resulting from physical or mental fatigue, drugs, alcohol, traumatic shock or another temporary condition that affects a person’s behaviour.
(Refer to the Forms section of the site for Hazard checklists-Subscriber access only)
Coverage
Vehicles
Coverage has been extended to include vehicles. This will also mean employee vehicles where the employee needs to use their vehicle for work. Employers must check the vehicle to ensure it is roadworthy, warranted, registered and is only used for the vehicles particular capability.
Additionally, the employer must ensure the employee has a drivers licence and is able to drive effectively at the time.
Sellers/Suppliers of Plant
Sellers/suppliers must take steps to ensure plant used in the workplace is safe for any reasonable use.
The obligations on manufacturers and designers are also enhanced.
Volunteers
Volunteers are now covered under the Act except volunteers involved in fundraising activity, sports clubs, recreation clubs educational facility and caregivers in the home. However there is still a duty of care implied for these types of volunteers.
Work Schemes and loaned employees
The Act now specifically covers persons who are not an employee but who are in the work place receiving on the job training or gaining work experience.
The Act also records that employees on loan to another employer are deemed to be employees of the 2nd employer and therefore the 2nd employer must ensure the loaned employee is operating within the bounds of the act in the work environment.
Self Employed
The self employed must now maintain a register of accidents and serious harm including details relating to the incident and the actions taken to prevent such incident occurring again.
Employee Participation
Ever employer must provide reasonable opportunities for employees to participate effectively in the ongoing process for improvement of Health and Safety in the work place.
Failure to comply can result in a fine of up to $250,000
Health and Safety representatives must be provided with ready access to sufficient information about Health and Safety systems and issues to enable representatives to perform their function effectively.
The development of employee participation systems applies to:
- Companies with 30 or more employees;
- Companies with less than 30 employees, but where 1 or more employees or a union representing them, requires the development of a system for employee participation.
If a Health and Safety committee or representative makes a recommendation then the employer must adopt the proposal or provide a written statement setting out the reasons for not adopting it.
Trained Health and Safety representatives may issue hazard notices which may set out set out steps to deal with the hazard.
Refusal to perform work.
The Act now includes a clause detailing how employees may refuse to perform work likely to cause serious harm.
(Refer to the Forms section of the site for a checklist-Subscriber access only)
Health and Safety Training
Health and Safety representatives must be allowed 2 days paid leave each year to attend approved Health and Safety training. The Act includes details of the maximum number of days an employer is liable for paid Health and Safety training leave. For example an employer with 1-5 staff, the maximum paid days leave for H & S training is 2 days.
For companies with between 6-50 staff, the number of training days is 6.
