Comes into force on 04 April 2016
Anyone involved in leadership or supervisory positions should be aware of their obligations and responsibilities under the new legislation, and the consequences for any individuals or organisations and the consequences of any breach of these requirements.
Key Features of the New Legislation
- Increased penalties for non-compliance
- New duty to take reasonably practical steps
- A new three tiered hierarchy of offences
- Duties owed by principals and employer are now replaced by a broader duty owed by “persons conducting a business or undertaking” (PCUB’s)
- A new object in securing workers’ health and safety
- Promotion of continual improvement and good practice according to accepted and international standards
- Implementation of a presumption in favour of the highest level of protecting workers from harm
- A new due diligence obligation imposed on directors and officers
- A focus on cause and effect rather than compliance
- Strong emphasis on employee participation and engagement.
The New Legislation and duties of care:-
- Employers – to take all practical steps to ensure the safety of employees whilst at work
- Principals – to take all practical steps to ensure no contractors, sub-contractor, or employee of a contractor or sub-contractor is harmed whilst dong any work the contractor was engaged to do
- Person in control of the workplace – to take all practical steps to ensure no hazard that is, or arises, in the workplace, harms any person or persons in the workplace.
- Workers (employees) – to take all practical steps to ensure own and others safety in the workplace.