HEALTH AND SAFETY AT WORK ACT CHANGES
Most small businesses have no idea changes in the Health and Safety at Work Act 2015
currently before parliament mean for them. Assuming there is no significant change from the Bill, there are two aspects in particular that small business needs to be concerned about – critical risk and approved codes of practice (ACOPs). If you don’t know what these are, keep reading or contact us.
Focus on “critical risks”
The concept of focusing on events that have a realistic potential for fatality or serious harm as a consequence, aligns with the risk-based structure already embedded in the existing legislative framework. The Act already requires a PCBU (Person Conducting a Business or Undertaking) to eliminate or minimise risks so far as is reasonably practicable. That tests for what is “reasonably practicable” already lead to priority for higher-consequence hazards (critical risks). However, two points to note:
- It is not in itself an offence not to have identified critical risks. However, no business is going to ignore risks that will harm their people.
- Everyone will require a risk management process: identify hazards, assess risk, and control them proportionately. They don’t need to be complex, but there will be a need to demonstrate you have one. So the policy change being discussed in Parliament is more about messaging and guidance for small businesses, but it is not a fundamental shift. In practical terms, we see the changes in the legislation having no significant effect day to day, but the regulatory tone and enforcement priorities could mean prosecutions are less likely.
Approved codes of practice (ACOP)
Following an ACOP has been and will continue to be evidence of compliance. However, they are non-binding and you can still demonstrate compliance through other means. But the “other means” need to be assessed relative to the ACOP thus we expect ACOP to become more prominent as the accepted means of compliance. As a result, even small businesses will need to become familiar with and follow them.
We were concerned ACOP may become prescriptive and this initial view has been reinforced by advice from Worksafe and the nature of the draft ACOP for residential construction. More to come in this space for sure.