John Darcy’s Post

How courts in Queensland and New South Wales have recently considered the application of the duty of officers under legislation which is comparable NZ's Health and Safety at Work Act 2015 (HSWA). With the similarity between our HSWA and the Australian legislation the decisions should be interest to those who hold positions of 'officers' here in NZ.

The September edition of Professional Security Magazine will feature 'Labour so far'. Something I forgot to include was any comparison with the 1974 Labour government's passing of the Health and Safety at Work Act. Of relevance because Martyn's Law could well be security management's equivalent of health and safety. The law, while necessary, is only the beginning. The TUC in its review significantly stresses how the enforcement of the law by a regulator is so important: and the HSE has been hollowed out for a while.  https://lnkd.in/gDbpiRZx

2024 marks the 50th anniversary of the introduction of the Health & Safety at Work Act 1974 (HSWA 1974), which remains the umbrella legislation that underpins all legal health & safety requirements for both employers and employees in the UK. The team and I are currently reviewing any changes to legislation that might apply to us and to our industry allowing us to make any necessary changes to our plans, policies or procedures. #thameswater #lanesgroup #healthandsafety #legislation #iosh

Did you know that on the 29th July 2024, important changes to the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 came into effect? The Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act) implements legislative change from the 2022 Review of the Queensland’s Work Health and Safety Act 2011 and the national 2018 Review of the model work health and safety laws. Key changes include: - Clarifying HSR powers - Encouraging the election of HSRs - Provisions to ensure HSRs are appropriately remunerated - Streamlining the issue and dispute resolution process - Promoting consultation between workers, representatives and person conducting a business or undertaking (PCBU) - Clarifying and extending entry permit holders (EPH) powers. More information can be found on the Work Safe website: www.worksafe.qld.gov.au If you need help navigating these changes, don't hesitate to reach out to us! #whs #industryspecialists #heretohelp #worksafeqld

The main piece of legislation covering health and safety in the UK is the Health and Safety at Work etc Act 1974, also known as HSWA or the 1974 Act. This act outlines the general duties of: Employers towards their employees and the public Employees towards themselves and others The self-employed towards themselves and others The HSWA is supplemented by other regulations and guidance documents to provide more specific information on how to comply with health and safety law. Some important supplementary regulations include: The Management of Health and Safety at Work Regulations 1999 The Working Time Regulations 1998

Codes of Practice under the WHS Act For: Employers and managers Information seekers. A Code of Practice is a practical guide, approved under the Work Health and Safety Act 2011. About the Codes of Practice Each Code covers an issue or situation and: offers ways to identify and manage risks sets out how to achieve the standards required under the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011. An approved Code of Practice is admissible in court proceedings. Courts may: regard an approved Code as evidence of what is known about a hazard, a risk, a risk assessment or control rely on a Code to determine what is reasonably practicable in the circumstances.

🎓 This is a CPD article with reflective questions. The QNMU welcomes amendments to the Work Health and Safety Act 2011 (Qld) that build upon Queensland’s nation-leading work health and safety (WHS) framework and strengthen health and safety for Queenslanders where they work. The Bill gives effect to substantial legislative recommendations made by the independent 2022 review of the Work Health and Safety Act 2011 (WHS Final Report), as well as a number of recommendations from the 2018 National Review of the model work health and safety laws (the Boland Review). The QNMU, alongside other unions and workers, have long advocated for many of these changes to ensure workers are protected by robust and contemporary work health and safety laws, that put workers safety first. 🔗 Read more: https://bit.ly/3zkNtSs

Absolute power corrupts absolutely... spoon fed power corrupts even more! Taking absolutely nothing away from the brilliance of Nick McKenzie, Ben Schneiders and David Marin-Guzman in their expose on the infiltration of bikies and underworld figures into the industry the most interesting outcome is the number of times the expression "everyone already knew" or words to that effect were been uttered since. What they don't know, without questioning their brilliance as journalists, is the detail of IR/OHS law and the role that these laws play in embedding the bikies and criminals into the industry. But what did everyone know? Well, probably a hell of a lot more than I am talking to in this post, but here are some things that that industry definitely knows. - Occupational Health and Safety laws (and equivalent WHS) have been the key ingredient that the CFMEU has used to inflitrate the industry. - They have done so with the support of complicit Labor Government's that have enabled the misuse of OHS right of entry powers and powers of (un)elected Health and Safety Representatives to facilitate wide spread industrial relations chaos not only on their Government/Tax payer funded projects, but across the entire industry. - CFMEU appointed delegates on construction sites (let's be clear that they are not elected) automatically assume the position of Health and Safety Representative (let's be clear they are not properly elected as per the OHS Act) and immediately take on and abuse (i.e. unlawfully apply) a power of stopping work on a whim to drive their industrial and/or criminal agendas. - OHS Regulators (i.e State Governments) know fully well the difference between elected HSR's, as per the Act, and also of the CFMEU's appointment of thugs/bikies as HSR's. - Abuse of health and safety was a feature of the 2002 Cole Royal Commission. A completely seperate section of the final report was deliberately carved out to deal with health and safety. It use as an industrial relations weapon has never changed. And just think that in just a few days time (i.e. 29 July 2024) HSR's in Queensland will have an arbitrary power that has been gifted to them by the QLD Guvament which will enable them to be able to stop work whenever they want to. And the Victorian Government is already contemplating amending the OHS Act to increase the powers of HSR's and union officials to misuse and abuse their powers to an even greater extent. This is not just about corrupt unions, it is about the corrupt Governments that have actually facilitated the CFMEU's takeover of the industry. Sometimes the detail behind a story can be buried much deeper than the story itself! Now where is my Walkley Award!

Workplace Health and Safety is critical and with Comcares updated HSR handbook, its even more important that you're across the rights of a HSR.

The sad truth is, the responsible appointments in terms of the Occupational Health and Safety act, does not always understand the risks they have in their own capacity and in the appointed roles. They rarely understand the personal liability they can hold when workplace safety protocols are not followed. 16.1, 16.2 and GMR2.1 appointees NEED to understand these amendmends. Short cuts with Safety is not worth loosing everything you worked for. Safety proffesionals should place a big focus on educating appointed roles on their responsibilities, not just hand them a one pager appointment and assume they understand the extend of it.