The Work Cover Authority of NSW website is a fantastic source of information for employers and workers alike.

It has comprehensive information about the new work health and safety laws, coming into effect from 1 January 2012 – important changes with which all employers and workers should make themselves familiar.

While the new laws may change some of the ways in which work health and safety is managed in the workplace, the basics of keeping the workplace safe will remain.

These basics include:

• management commitment
• consultation
• management of risk
• training and supervision
• reporting safety
• workers compensation and a return to work program

So, if you employ workers, you must have a current workers compensation insurance policy, an injury reporting system and an effective return to work program – they will help to ensure that your workers receive the appropriate treatment and benefits, including assistance in returning to their normal duties in the event of a workplace injury or illness.

You are an employer for workers compensation purposes if you are a Pty Ltd company with workers or working directors, a partnership, or a sole trader who employs full-time, part-time or casual workers.

As part of your workers compensation and return to work obligations, you must:

• have a current workers compensation insurance policy that covers all your workers

• display the WorkCover Watching Out for You poster in your workplace

• notify WorkCover and/or your Scheme Agent of any workplace incidents

• establish a return to work program that is consistent with your Scheme Agent’s injury management program

• make suitable duties available to your injured workers

• keep a record of your wages for the past seven years

• keep a register of workplace-related injuries and illnesses

• forward any workers compensation payments to your injured workers

• not dismiss an injured worker because of their injury within six months of the injury or illness occurring and the injured worker’s incapacity to work.

The new laws also bring in a new term – the PCBU – that stands for every person conducting a business or undertaking – and that term includes employers.

Under the new work health and safety laws:

• An employer is known as a ‘person conducting a business or undertaking’ (PCBU).
• A worker includes an employee, labour hire staff, volunteer, work experience student, contractor, sub-contractor, apprentice, trainee and outworker.
• Certain volunteers have the same responsibilities as a worker. Certain volunteer associations and PCBUs who engage volunteers have new responsibilities.
• A health and safety representative (HSR) plays an important role in the consultation process between workers and PCBUs.
• A member of an employee representative body can apply for an entry permit to enter a workplace.

So when is a volunteer a worker? A volunteer is a worker when engaged by a PCBU to carry out work.

As a PCBU, the volunteer association or business must ensure the health and safety of workers – including volunteers who they engage – and consult with them on work health and safety matters, and provide them with the necessary information, training and supervision.

As a volunteer, you must take reasonable care for your own – and other peoples’ – health and safety. If you are engaged by a PCBU, you are a worker and must comply with any reasonable instructions, policies and procedures relevant to health and safety given by the PCBU.

For more information visit

www.workcover.nsw.gov.au and go to ‘New legislation 2012’.

To read the model Work Health and Safety (WHS) Act, draft model WHS Regulations and draft priority codes of practice, visit www.safeworkaustralia.gov.au

Call Work Cover on 13 10 50 for more information about making your workplace safe.