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W O R K H E A LT H & S A F E T Y
“It is important for a business to take their health and safety duties seriously, as a breach of these duties may result in prosecution resulting in significant penalties.”
WHS ACT EMPLOYER OBLIGATIONS Health and safety is paramount for all businesses, but the automotive industry in particular offers up specific risks that need to be considered. We’ve broken down the rules surrounding the conduct expected of you, a business owner, and included some examples of how best to manage those.
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a safe work environment
All Persons Conducting or Undertaking Business (PCBU) have a primary duty of care under section 19 of the Work Health and Safety Act 2012 (“the Act”) to ensure, so far as is reasonably practicable, that the health and safety of their workers is not put at risk from the conduct of the business or undertaking.
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policies and procedures and safe work practices in place
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a work environment and work culture free of discrimination, harassment and bullying
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adequate facilities and training to support the welfare of workers
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safe plant and structures
It is important for a PCBU to remember that this duty of care also applies to others in the workplace, for example: clients, visitors, customers and volunteers. Further, in accordance with section 14-17 of the Act:
You must also provide all workers with:
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a duty cannot be transferred to another person
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a person can have more than one duty (eg duties as a manufacturer as well as duties as a PCBU to workers and others)
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duties of care may be shared, such that more than one person can have the same duty at the same time
Your responsibilities To ensure compliance with the duties of care as a PCBU under the Act, you must ensure you have:
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an induction into the business
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sufficient information, instruction, training and supervision to ensure that they are competent to work safely i.e. do not give workers tasks unless they have the necessary skills
If you have a new worker, you should: •
give them your time in providing a thorough induction
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encourage them to ask questions and report hazards
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make sure they are competent prior to using any plant and equipment
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take them through your procedures to convey safety standards and expectations
It is important for a business to take their health and safety duties seriously, as a breach of these duties may result in prosecution resulting in significant penalties. The following prosecution was successfully pursued recently by SafeWorkSA through the South Australian Employment Tribunal (SAET):
CASE STUDY – MARTYN CAMPBELL V F LAUCKE PTY LTD
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any necessary personal protective equipment
In October 2020 a worker suffered fatal injuries when they were crushed and asphyxiated in a pneumatic slide-gate.
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current health and safety policies and procedures
Workers were periodically required to access the inside of the surge bin of a
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