Comcare is Reviewing its Regulatory Response to WHS Issues – Are you Compliant?

A Contracting PCBU 

A Person Conducting a Business or Undertaking (PCBU) has a non-transferrable, non-severable duty to ensure, so far as reasonably practicable, the health and safety of its workers.  

A contracting PCBU should consider what it can reasonably and practicably do at each stage in the contractor management process to satisfy WHS duties to its contractors.  

The Three C’s of Contractor Management: Consult, Cooperate, Coordinate 

‘The objective of consultation is to make sure everyone associated with the work has a shared understanding of what the risks are, which workers are affected and how the risks will be controlled. The exchange of information will allow the duty holders to work together to plan and manage health and safety.’ 

Work Health and Safety Consultation, Cooperation and Coordination Code of Practice 

Ask yourself... 

  • Are there clear lines of communication? 

  • Are there regular safety meetings? 

  • Are contractors encouraged to report safety concerns? 

  • Are contractors embedded in health and safety representation arrangements? 

 

Image source: Comcare 

 

Where Do I Start? 

Certex’s iSafe Risk Management Program has been designed to help recruiters and host clients meet their legal obligations. Qualified and independent assessors conduct a safety risk assessment at the host site covering documentation, risk and controls, training and communication, psychosocial safety, and more. The subsequent report is shared between all PCBUs participating in the iSafe Program and provides a basis for consultation, coordination, and cooperation between the parties. 

 
 

How will iSafe Benefit Me? 

  • Independent reporting by qualified safety professionals  

  • Single visit to the Host Client – instead of each Recruiter meeting with the Host Client to  
    conduct their own safety checks separately, only one visit is required, and the report may be shared with other participants in the iSafe Program 

  • Local assessors across most Australian states and in New Zealand  

  • Consistency – iSafe Assessors are highly-trained to ensure consistency across assessments and across multiple sites for national organisations 

  • Competency checking –  iSafe Assessors’ performance is carefully monitored, including regular onsite witness audits by iSafe managers and review of feedback 

  • Quality checking – all reports are independently reviewed and approved before release  

  • No cost to the Host Clients who receive a valuable, independent safety assessment for free 

  • Scheduled visits – site visits are scheduled for once every two years, except in cases of higher risk 

  • Co-operation – all PCBUs hold records of co-operating to assess and manage safety 

Enhanced Regulatory Response – What’s Changing? 

A reminder that Comcare operates in the federal jurisdiction. Unless your business works closely with the federal government, these changes may not apply now. However, state regulators will usually quickly follow suit.  

Comcare is updating: 

  • The triaging process for WHS notifications and concerns 

  • Information requirements for WHS notifications and concerns 

Goals of the review: 

  • Promote compliance and self-regulation via improved incident response  

  • Improve detection of non-compliance and opportunities for better practice  

  • Reorient to a proactive approach of preventing, rather than responding to, incidents  

Through all its reviews, Comcare hopes to apply a risk-based approach to improve regulatory outcomes while minimising the impact on PCBUs.   

Visit Comcare below to find out more: 

Alicja GibertLHL