SWMS
SWMS – Safe Work Method Statements – It describes the Local / State Government Regulations and the Standards of the workplace and the safety act. It describes the consequence of the amends made to the workplace Health and Safety Act.
January 2012 will see the commencement of new SWMS WHS legislation across Australia. Queensland has passed Work Health and Safety Act 2011 which is still planned for commencement on the 1st January 2012. Although Victoria and Western Australia have requested a 12 month delay in implementation, Mr.Simon Blackwood, Executive Director of WHSQ-JAG has informed me that all other states and territories are still planning a commencement date of 1st January 2012.
The new Work Health and Safety Act 2011 is not significantly different from our existing Workplace Health
and Safety Act 1995 due to WHSQ-JAG’s efforts in implementing many of the recommendations from the
Robin Stewart-Crompton report which was the basis for harmonization, however heavier penalties for a breach of duty of care apply, and there are now over 660 pages of Regulations to work through. While
WHSQ-JAG has indicated they will not prosecute heavily in the early days of the new regulatory framework,
the new laws will be enforced from 1st January 2012. Organisations should make every effort to ensure they
are ready for the changes in the WHS Act 2011, the Regulations and the Codes of Practice.
Significant changes
• The obligation to ensure WHS will now be to a level considered ‘reasonably practical’
• There will be a positive ‘Duty of Care’ for officers, with a clear definition of due diligence for company
officers, and significant penalties for breaches
• Company procedures and training programs will have to reflect the significant changes detailed in the WHS Regulations which are required to be complied with to meet the duty of care and due diligence requirements.
Key steps to prepare your organisation
• Conduct management briefings on the new harmonized WHS laws to inform “Officers” of their due diligence requirements, and the “duty of care” requirements for workers. Note: Managers will now be considered as workers, and the Officer will be the CEO, Company Secretary, and/or Board of Directors.
• Conduct a “due diligence” audit to identify the gaps in the safety management system and the
compliance to the communication/consultation requirements.
• Review the new WHS Regulations to identify which parts directly affect your business and update or develop your procedures to reflect the changes.