In an effort to reduce incidences of work-related death, injury, and illness across the country, the Council of Australian Governments recently began to enact the harmonisation of work health and safety (WHS) laws, ratified in July 2008 with the signing of the Intergovernmental Agreement for Regulatory and Operational Reform in OHS. The move represents a significant departure from the former scenario in which all states, territories and the Commonwealth at large had been responsible for defining and enforcing their own health and safety laws which, although similar to one another, featured significant differences in their application and detail.

In response to industry calls for greater national consistency, currently half of the Commonwealth states and territories (with Western Australia and Victoria as the notable exceptions at the moment) have begun to implement the nationally harmonized WHS legislation, which took effect on January 1, 2012. The harmonization model calls for the Commonwealth as well as all states and territories to begin enforcing the model laws.

Some quick facts on the legislation:

Purpose of the WHS Act: In general terms, the WHS Act provides a framework to protect the health, safety, and welfare of all workers at work and all other people who might be affected by work.

Harmonisation aims to:

• Protect the health and safety of workers and other people by eliminating or reducing workplace risks.
• Ensure effective representation, consultation and cooperation to address health and safety issues in the workplace.
• Encourage unions and employers to take a constructive role in improving health and safety practices.
• Promote information, education and training on health and safety.
• Provide effective compliance and enforcement measures.
• Deliver continuous improvement and progressively higher standards of health and safety.

Key changes in the Act: While the Act remains largely similar to its predecessor, the Queensland Workplace Health and Safety Act 1995, some substantial changes exist:

• Business operators must do what is reasonably practicable to eliminate or minimize risk to health and safety.
• Company directors will have a positive and proactive duty to exercise due diligence. This represents a significant shift away from attributed liability (i.e. Being held liable for contraventions by the company) and requires directors to:
  • Acquire and keep up-to-date knowledge of health and safety matters.
  • Gain an understanding of hazards and risks associated with the company's operations.
  • Ensure appropriate resources are available for use to eliminate or minimize risks from work carried out.
  • Ensure appropriate processes for obtaining information about incidents, hazards and risks, and responding to them.
  • Ensure processes for complying with duties are implemented, i.e. reporting, consultation arrangements, training and instruction.
  • Verify the provision and use of resources for the matters listed above.

What does all this mean? In short, the onus is shifting directly on to the shoulders of employers, including company directors, to be familiar with the risks and hazards associated with their business operations, and to provide appropriate control measures to ensure a safe working environment.

What is the status of the Act currently? As of January 1, 2012, most states have passed the relevant legislation to enact the new WHS laws. Currently seven out of nine jurisdictions have approved the model regulations and codes of practice. However, it should be noted that both Western Australia and Victoria have, thus far, not done so. Both states have voiced some concern that information delays and a lack of clarity from the Federal Government on some of the specifics of the WHS Regulations mean that their impact on business practices cannot be accurately assessed, and consequently have not yet introduced the new legislation. Currently, there has been no formal commitment from either state regarding their involvement.

For businesses in all other states in the Commonwealth, transitional arrangements have been developed by Safe Work Australia to assist organizations to move to the new harmonised arrangements and will be in place for 12 months (or more, where the new laws result in a new or significantly different set of responsibilities).

For further information on the Act, please refer to the this guide.

The world of EHS legislation, regulations and issues can be confusing at best sometimes, so it helps to have a little bit of clarity. That's why EHS This Week is launching EHS In Depth, a new interview series designed to look at the fundamentals of a particular EHS issue.

This week we're tackling a big one: the Food Safety Modernization Act (FSMA) a huge piece of legislation that will revolutionize how companies in the food and beverage industry go about their business. In our inaugural broadcast I've invited industry specialist Jeremy Mawson to answer some key questions, including:

• What the legislation means to companies in the food and beverage industry.
• Where regulators are at in terms of rolling out the new rules.
• What kind of costs FSMA will mean to American businesses, and more.

Don't forget to write me at paul@ehsthisweek.com with any suggestions you have for future areas of discussion, and tune in to our weekly podcast on Friday afternoon when we discuss the week's top stories in environment, health and safety news.

Check out the most recent EHS This Week podcast.

In this episode, JP and I discuss top stories from the world of environment, health and safety news, including: 

• Solar power's growing profitability.
• Obama's take on natural gas.
• Pressure on OSHA for Crystalline Silica rule and more.

Come back on a weekly basis or subscribe for our rundown of the week’s top EHS Stories.

In the beautiful north of Toronto, the stars glitter high in the night sky. But last weekend at Intelex's Annual Winter Retreat at Deerhurst Resort in Huntsville, the stars were on ice!

That’s right!  More than 20 different Intelexians ranging from technical support to sales laced up their skates in front of their partners and peers to be a part of the first Annual Intelex Winter X Cup!

It was a beautiful day for a real outdoor experience including an Opening Ceremonies, the National Anthem, the official drop of the puck, and even player and fan interviews!

The game made for an amazing activity in which more than 100 Intelexians (Fans & Players) kicked off the Intelex Holiday Weekend.

The spirit was alive, off and on the ice. At the end of the event the cup was awarded to the winners, Team Jaine, but was shared by all Intelexians throughout the weekend.

The first annual X Cup was a complete success with no injuries, but some shattered pride. 

Here’s to continuing the tradition at Deerhurst in 2013!

Check out the most recent podcast of EHS This Week!

In this episode, Kristy and I discuss top stories from the world of environment, health and safety news, including: 

• Obama's axing of the Keystone pipeline proposal.
• Changing maritime safety regulations after the Costa Concordia ran aground.
• Three announced focus areas from OSHA.
• Our Site Shout-Out to The Safety Blog.

Check back on a weekly basis for our rundown of the week’s top EHS Stories. 

Check out the most recent podcast of EHS This Week!

In this episode, Kristy and I discuss top stories from the world of environment, health and safety news, including: 

• OSHA's directive for targeting federal agencies (FEDTARG program).
• The case for I2P2.
• VPP participation plumetting.
• Our Site Shout-Out to Environmental, Health and Safety News by Christopher Haase for his awesome job covering the latest in EHS news, and more

Check back on a weekly basis for our rundown of the week’s top EHS Stories. 

If you managed to take a look at our list of our Top 5 most popular blog posts from 2011, you might have noticed that I2P2 is kind of a big deal. If, on the other hand, that acronym means nothing to you, now is a good time to get better acquainted with OSHA’s propose Injury and Illness Prevention Program (get it? Two Is, two Ps…)

Anyway, OSHA has kicked off the New Year by reaffirming its commitment to I2P2 by releasing a white paper geared to convince businesses of the value of the program. For background, OSHA has been moving towards a requirement that would require most organizations in the U.S. to implement an injury and illness prevention program, which is essentially a safety management system (SMS) designed to proactively reduce injuries and illnesses.

In addition to outlining how I2P2 programs mitigate injuries and save lives, the paper breaks down the ROI of an SMS and the impact of lost time, compensation and other factors resulting from poor health and safety performance impact a business’ bottom line. It also addresses a particularly controversial concern surrounding I2P2 requirements – the financial impact of the program on small businesses.

As the paper notes, “The key elements common to all of these programs are management leadership, worker participation, hazard identification and assessment, hazard prevention and control, education and training, and program evaluation and improvement.”

Check out the full text of the paper here, or head over to ISHN for a great summary of the document.

These days ISO 9001 has become such a pervasive term, and while some might not know exactly what it means, almost everyone has seen the words pop up on the sides of manufacturers, machine shops, and other industrial facilities.

But while the quality management standard specification can apply to literally any business in any industry, many are still surprised to imagine that its scope goes beyond the walls of discrete manufacturers and processing plants. Indeed, it even applies to municipalities. Except, instead of describing a process for how a bolt is tightened, in the context of a municipal corporation, ISO 9001 might dictate how a customer service call is handled. In either case, the underlying methodology for describing the processes will ultimately be similar.

Those in the municipal sector who are looking to develop or improve a quality management program shouldn't miss our our feature webinar, Quality City: The value of ISO 9001 and Quality Management in Municipalities. This joint webinar will be hosted by Intelex and David Forget, the Town of Ajax's manager of quality service. Ajax was the first municipality in North America to achieve full ISO 9001 certification, an accomplishment that David spearheaded.

Among other things, including specific examples of Ajax's situation, David will discuss:

• The benefits and ROI that flow from implementing a quality management program within a municipal organization.
• The challenges municipalities can expect to face when rolling out a quality management system.
• Getting buy-in for a quality program from senior management.
• Why seek ISO 9001 certification for your municipal corporation.
• The relationship between streamlined quality management and improved business performance.

Whether you work with a  municipality directly, or in any other service-based organization, you won't want to miss this opportunity. Reserve your spot over at the webinar registration page.

Check out the most recent podcast of EHS This Week.

This week, JP Nadeau and I discuss top stories from the world of environment, health and safety news, including: 

• British Prime Minister David Cameron's harsh words for the country’s H&S regulators.
• The US Department of Labour's much-needed review of OSHA's VPP program.
• Renewable energy gains in the U.S.
• Our new "Site Shout-Out" of the week, which honours RegBlog for their great work promoting regulatory issues, and more.

Check back on a weekly basis for our rundown of the week’s top EHS Stories. 

Between sweeping new regulations, ambitious new OHS programs, and environmental controversy in the U.S. and Canada, EHS issues were top of mind throughout 2011. To wrap up a year that had no shortage of headlines, we’ve analyzed last year’s Intelex blog stats to determine the most popular posts of 2011. Without further adieu, here are the Top 5:

1. I2P2, hazardous chemicals, high-risk construction among top OSHA priorities for 2011: OSHA Secretary of Labour Dr. David Michaels kicked off the year with an online chat outlining some of OSHA’s top priorities for 2011. While many of his priorities – including the ambitious I2P2 program and the addition of an MSD column to OSHA Form 300 reports – did not make it through the gates by the end of the year, this overview provided some guidance on where OSHA’s priorities lie in the very near future.
2. Start preparing for new OSHA fall protection requirements now: Fall safety, which for many years has landed in the top spot of OSHA’s list of most frequently cited violations, was a chief concern for residential builders across the U.S. as OSHA implemented new fall protection requirements.
3. The Top 5 upcoming OHS regulatory events you need to know about: Placing third on our Top 5 is, well, another Top 5! We combed through a variety of upcoming OHS legislation, regulations and literature to identify the five key OHS regulatory events that will have the most impact on businesses from coast to coast. Topping the list was OSHA’s monumental Injury and Illness Prevention Program (I2P2), which will have an equally monumental impact on U.S. businesses. It hasn’t been implemented yet, but could see the light of day in the very near future.
4. No more 'catch me if you can' – I2P2 and what it could mean for you: Well, if there is a emerging theme to this list, it might have something to do with I2P2. For most organizations, it is a distant thunder, buried in clouds gathering on the horizon. But for the proactive business, it ought to be so much more given its scope is absolutely vast and will essentially redefine how all companies manage safety.
5. Sustainability as a business opportunity: And finally, it wasn’t all about safety in 2011. As organizations continue to seek value in sustainability initiatives and as environmental advocates try to achieve buy-in from senior management on green programs in the face of a turbulent climate, we flipped the argument on its head. Instead of viewing sustainability programs as a financial burden, it should be thought of as an investment that carries great returns.

We are always on the hunt for fresh content ideas that are important to our readers. Write me or use the comments section below to share your ideas. Happy New Year!