Work Health Safety Act - How Do I Know What I Am Responsible For As An Employer?

22nd of Nov 2011

The Work Health and Safety Bill 2011 recognises that more than one person can concurrently have the same duty and provides that each person must discharge their duty to the extent to which the person has, or would have, the capacity to influence and control the matter.

The obligation to comply with a duty is not limited to the legal capacity to control, but extends to the person's practical or 'actual' ability to influence the relevant matter.

If a duty holder does not have 'control' over an activity or a matter relevant to health and safety, then it cannot be 'reasonably practicable' for the duty holder to do anything in relation to it. If the 'control' able to be exercised by the duty holder is limited, then that limitation will be relevant to determining what is 'reasonably practicable' for that duty holder in the circumstances.

The 'Work Health and Safety Act' comes into effect January 1 2012.

Contact us for more information on how Business Savvy can help your business comply with the harmonised legislation.

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