WORK HEALTH AND SAFETY INTERPRETATION


The Fides team are focused specifically on assisting organisations transition from Occupational Safety and Health Act 1984 (WA) to interpret the fundamental requirements of the proposed Work Health Safety Act. The core aspects are:

  • A Person Conducting a Business or Undertaking (PCBU), the primary duty of care holder; and
  • Who is an Officer of a PCBU?; and
  • A due diligence duty imposed on Officers.

Dr Garry Claxton informs us that:

PCBU’s, have a duty to ensure, “so far as is reasonably practicable”, the health and safety of workers while the workers are at work in the business or undertaking. That includes workers who are not directly engaged by the person conducting the business or undertaking but are “caused” to be engaged by them, or whose activities in carrying out work are “influenced or directed” by the person.

Officers, may include “anyone who participates” in making decisions affecting a substantial part of the business or undertaking.

Reference to judicial interpretation indicates that the scope of the PCBU terms “caused” and “influenced or directed” referred to above, are not definitively determined at law resulting in ambiguity of understanding WHS obligations when acting as a representative of, or contractor to, a PCBU. (Corporations, Local Government entities and other West Australian Government Agencies e.g. Main Roads are PCBU’s)

CONSULTANCY


Fides provides consultancy services that focuses on an independent review of the organisations internal policies and procedures for compliance in accordance with statutory obligations. Fides provides the following services:

  • Gap Analysis i.e – current legislation/s harmonised with the proposed WHS Legislation WA.
  • ISO 45001:2018 Internal Audit.
  • Development of policy and procedures i.e. – Safety Management Systems.
  • Development of internal transitional policies and procedures from OSH to WHS model.

WORKERS COMPENSATION


At Fides we assist organisations to develop, implement and engage in operational requirements to successfully reduce injury events (physical and psychological harm) thereby proposing strategies that avails organisations to seek premium reductions from workers compensation insurers.

INJURY MANAGEMENT / RETURN TO WORK PROGRAM


Fides has the expertise to help and support organisations with the development and implementation in injury management and return to work protocols in accordance with the model Work Health Safety Act. An employer has a mandatory obligation to establish and maintain for the benefit of their employees the following provisions:

  • Section 155B (Injury Management System); and
  • Section 155C (Return to Work Programs).

This requires the employer to:

  • Understand the practical application involved in injury management process.
  • The ability to develop a return to work plan in consultation with an injured workers medical practitioner.

SEMINARS


Our informative and interactive seminars are headed up by our subject matter expert, Dr Garry Claxton.

The presentation can be delivered in a group forum or individually and highlights individual provisions proposed to be included within the regulations or drill down on the requirements for holders of primary duty of care. In short, we are capable of customising the subject matter to address any Work Health and Safety or related matter the organisation may have.

TRAINING

Both the employer and employee, are responsible for ensuring all parties are properly instructed and trained on how to do their work safely. This means having a thorough understanding of all relevant health and safety information about their jobs, their workplace, the risks, and how to control the risks.

Fides provides training and support to organisations management and employees to assist them moving from the theory to the practical application of hazard identification and risk mitigation.

Training can be tailored to address specific issues your organisation may focus on as part of the Work Health and Safety due diligence requirements.

OFFICER LIABILITY


Work health and safety laws impose a proactive duty on officers to exercise due diligence to ensure compliance with those laws. Due diligence is a non-delegable duty imposed on officers personally. It is separate from the duty imposed on their company. The duty is also proactive - it can be breached merely for failing to put in place a corporate governance regime, even though there may not have been a WHS incident at the officer’s company.

Fides provides assistance who may be deemed to be an officer to understand their obligations and how best to meet those objectives under the proposed WHS Act.

PERCEPTION SURVEYS


A Perception Survey is to uncover the weakness and or strength of the safety culture of the organisation which provides a present and future guide to your safety performance. The survey produces both a quantitative and qualitative data for accuracy and reliability. Fides undertakes the survey as an independent body and collects and interprets the data which is presented to the organisation with recommendations.


CONTACT US

All Discussions Are Strictly Confidential

icon 2 Bill McSharer – CEO/Corporate Advisor: 0447 733 372

icon 2 Hailey McSharer – Business Development, ISO 9001, 45001: 0400 293 898

icon 3 www.fidessafetymanagement.com.au

icon 4 admin@fidessafetymanagement.com.au

icon 4 Mail PO Box 162 Joondalup Distribution Centre 6919