Commentary
Under the relevant health and safety legislation (the “Legislation”) and associated regulations and codes of practice, the primary duty to eliminate or minimise, as far as reasonable practicable, the risks to health and safety in the workplace is imposed on a person conducting a business or an undertaking (“PCBU”). For the purposes of the Legislation, an employer is a PCBU and therefore bears the primary responsibility. In line with this duty, the relevant work health and safety regulations impose specific obligations on a PCBU in relation to the preparation and implementation of emergency plans and procedures.
Compliance with this procedure will assist the company in meeting its obligations under the Legislation, associated regulations and codes of practice.
There is further guidance in the Safe Work Australia Code of Practice - Managing The Work Environment and Facilities ("the Code") (effective from 1 January 2012 in some States and shortly thereafter in the remaining States and Territories). The code is generally applicable to all types of work and all workplaces covered by the Legislation, including workplaces that are mobile, temporary and remote.
The Code can be used by managers, supervisors, workers (including volunteers and contractors), health and safety representatives and other persons at the workplace to assist with managing emergency situations in the workplace.
This procedure does not cover the specific legal requirements for emergency plans and procedures for:
- the mining industry -refer to the relevant work health and safety regulations and to the Safe Work Australia Code of Practice- Emergency Response at Australian Mines (effective from 1 January 2012 in some states and shortly thereafter in the remaining states and territories); or
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higher risk work environments such as:
- hotels, where there are people sleeping on site;
- stadiums, where there are a large number of people on site at the same time
- high risk chemical facilities or other major hazard facility (including where asbestos is present), and
- workplaces which require significant cash handling, particularly outside normal business hours.
For specific guidance on emergency plans and procedures for high risk environments you should also consult the following Safe Work Australia Codes of Practice – Hazardous Manual Tasks; Preparation of Safety Data Sheets for Hazardous Chemicals; Labelling of Workplace Hazardous Chemicals and How to Safely Remove Asbestos (effective from 1 January 2012 in some states and shortly thereafter in the remaining states and territories).
More general guidance can also be found in AS 3745-2010 planning for Emergency Facilities.
Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants. |
Further information
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