Safety Matters - Rail, Tram and Bus Union of NSW
Safety Matters - Rail, Tram and Bus Union of NSW
Safety Matters - Rail, Tram and Bus Union of NSW
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Directors, managers <strong>and</strong> supervisors cannot use the defence that they did not<br />
know about an OHS issue. If it is within their control or they are in a position<br />
to influence OHS then they may be held responsible.<br />
Section 28 describes that it is a defence if a person can prove that:<br />
• it was not reasonably practicable for the person to comply with the<br />
provision, or<br />
• that the <strong>of</strong>fence was due to causes over which the person had no control <strong>and</strong><br />
it was impractical to make provision for.<br />
What is reasonably practicable will vary depending on the individual<br />
circumstances <strong>of</strong> each case. The courts would consider factors similar to those<br />
used in establishing reasonable care under common law.<br />
SECTION TWO<br />
<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />
• What is reasonable in the circumstances?<br />
• What is the magnitude <strong>of</strong> the risk?<br />
• What is the degree <strong>of</strong> probability <strong>of</strong> an incident occurring?<br />
• Was an approved industry code <strong>of</strong> practice, other recognised document or<br />
safe work method <strong>of</strong> an equivalent or higher st<strong>and</strong>ard followed?<br />
• Have changing technology, work methods, processes, equipment etc been<br />
accounted for?<br />
• Are current accepted industry <strong>and</strong>/or community st<strong>and</strong>ards being adhered<br />
to?<br />
• Has potential employee inattention, misjudgment or carelessness been<br />
considered?<br />
• Is there a safer method that would have prevented an incident occurring?<br />
• Are there any conflicting responsibilities that may influence actions to be<br />
taken?<br />
• Is the cost <strong>of</strong> preventing an incident out <strong>of</strong> all proportion to the gravity <strong>of</strong><br />
risk <strong>and</strong> probability <strong>of</strong> it occurring?<br />
The Act provides for penalties <strong>of</strong> fines for corporations <strong>and</strong> individuals who<br />
are prosecuted for OHS breaches. The table shows the main penalties under<br />
the Act.<br />
Maximum for Prosecutions 2nd <strong>of</strong>fence 1st <strong>of</strong>fence<br />
Corporation 7500 p/u 5000 p/u<br />
Individual Acting for a 750 p/u or 500 p/u<br />
Corporation (e.g Director Imprisonment for 2<br />
or Manager)<br />
Years or Both<br />
P/U = Penalty unit. One Penalty unit is currently equivalent to $110.<br />
Monitoring OHS Programs <strong>and</strong> Procedures<br />
12<br />
RAIL<br />
TRAM AND BUS<br />
U N<br />
I O N
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