Each state and territory has a health and safety law that sets out the requirements to ensure that jobs are safe and healthy. These requirements define the overall responsibility of the different groups of people who play a role in the workplace. Victoria, for example, first passed modern occupational safety and health legislation under the Occupational Health and Safety Act of 1985, passed in 1985. Since then, the plan has been renewed by the Occupational Health and Safety Act 2004. [1] Explicit provisions have been added that discriminate against a person because they play a role, raise a problem or take security measures. Penalties are significant – a fine of $US 115,000 for an individual and $570,000 for an organization. As recommended in the Boland report, the bill also expressly prohibits the supply or entry of insurance against a WHS fine. However, insurance against other issues, such as .B. losses resulting from security incidents (for example. B damage to equipment) and legal fees are not prohibited. Any other compensation against fines imposed on the WHS is also prohibited.

The WHS bill has been long overdue and has been the subject of consultations, reviews and discussions over the past decade. Therefore, many changes are as expected and should not be a surprise. This does not mean that businesses or individuals are complacent. There is no doubt that the WHS Act offers a wider range of enforcement and enforcement powers for both businesses and individuals. That`s why we recommend that all business leaders become familiar with the content of the WHS Act and begin to review their current security processes to ensure they are ready to pass the law in 2020. Health and safety officials still have a number of skills and rights under the WHS Act. These include the explicit right to be present at any discussion with other workers on a safety issue and to seek the assistance of any person in the performance of a security function. When this right is exercised and union assistance is requested, the entry requirements apply.

In particular, the WHS Act expressly provides that a company is not required to grant an entry fee to a person whose IR`s entry authority has been revoked. This is an important clarification that ensures that precedents and requirements for the right of introduction under the Fair Labour Act continue to apply.

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