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Changes to the OH&S Act

By February 21, 2012 No Comments

There has been some changes to the Occupation Health and Safety Act concerning the responsibilities of all parties.

The new Work Health and Safety Act 2011 introduces changes to current practice including the concept of defined responsibilities for Person Conducting a Business or Undertaking (PCBU). We believe a PCBU includes all parties and their clients and imposes the requirement to consult with, co-operate with and co-ordinate activities with other persons with a duty over the same matters. For all parties this includes a more active involvement with your client, Contractors, sub-contractors and employees. Further, the Act describes those responsibilities of the PCBU under ‘due diligence’ covering the following:
1 – acquire and keep up-to-date knowledge of work health and safety matters
2 – understand operations and associated risks
3 – ensure resources and process to eliminate risks
4 – ensure processes for timely information and response to incidents, hazards and risks
5 – ensure processes implemented to comply with specific duties and obligations under the Act
6 – verify the provision and use of resources and processes

So, it is to our understanding that item 4. Means that the information (e.g operations and maintenance information) is required by law at the time of handover so that ALL parties have the required information on how to operate all equipment safely. And adding to this, not only is the Head contractor responsible for not handing over information, all parties Client, Builder, Owner, Subcontractor are responsible for any incidents that may happen.