Environmental management systems and Climate action changes - ISO 14001:2015/Amd 1:2024

From February 23rd 2024 two new statements of text have been added to a number of existing management systems standards, and will be included in all new standards under development/revision, to address the need to consider the effect of Climate Change on the ability to achieve the intended results of the management system.

Update on the addition of Climate Change considerations to Management Systems Standards.

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The amendments include:

4.1 Understanding the organization and its context.

Added: The organization shall determine whether climate change is a relevant issue.

4.2 Understanding the needs and expectations of interested parties.

Added: NOTE: Relevant interested parties can have requirements related to climate change.

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The purpose of these changes is to ensure that Climate Change issues are considered by the organization in the context of the effectiveness of the management system, in addition to all other issues.

These amendments apply to a number of popular Standards, including:

ISO 14001:2015 Environmental management systems

ISO 22000:2018 Food safety management systems

ISO 39001:2012 Road traffic safety (RTS) management systems

ISO 45001:2018 Occupational health and safety management systems

ISO 9001:2015 Quality management systems

Next Steps: Call ISOsafe on 1300 789 132 to ensure your organisation remains compliant.

Psychosocial hazards and Work Health Safety Laws - Rights and Obligations of Businesses

What is Work health safety law in Australia?

Work health and safety (WHS) law in Australia is legislated and regulated separately by each of Australia’s state, territory, and Commonwealth jurisdictions. WHS laws are largely harmonised across the jurisdictions through a set of uniform laws (the model WHS laws). All jurisdictions other than Victoria have adopted the model WHS laws. Victoria has similar duties and responsibilities under its Occupational Health and Safety Act 2004 (Vic).

Psychosocial hazards are factors in the work environment that can cause stress, strain, or interpersonal problems for workers

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What are Psychosocial hazards?

Psychosocial hazards refer to aspects of work which have the potential to cause psychological or physical harm - this is when a persons mental health is impacted by the work or workplace. The Code of Practice (CoP) identifies 14 Psychosocial hazards – these hazards may interact and combine:

• job demands

• low job control

• poor support

• lack of role clarity

• poor organisational change management

• inadequate reward and recognition

• poor organisational justice

• traumatic events or material

• remote or isolated work

• poor physical environment

• violence and aggression

• bullying

• harassment, including sexual and gender-based harassment, and

• conflict or poor workplace relationships and interactions

Managing psychosocial risks in the workplace

Businesses (or the employer) must eliminate psychosocial risks, or if that is not reasonably practicable, minimise them so far as is reasonably practicable.

As the PCBU, you can identify psychosocial hazards and manage their risks in the same way you manage physical hazards:

• Identify the hazards

• Assess the risks

• Implement control measures, and

• Monitor and review

Controlling psychosocial risks

Under the WHS laws, risks to health and safety must be managed following the Hierarchy of Controls (HoC):

• Elimination

• Substitution

• Isolation

• Engineering controls

• Administrative controls/Safe Work Practices

• PPE

The model WHS Regulations requires Businesses (or the employer) to have regard to all relevant matters when determining what control measures to implement. Does your business need help to meet these obligations?

For more information on these relevant matters and meeting your WHS duties call ISOsafe on 1300 789 132

Right to Disconnect - Fair Work Amendment Bill 2023

Is a General Protection under the Fair Work Act 2009 that prevents employers from contacting employees outside of work hours, further, employees are not required to monitor, read or respond to work communications from their employer outside of work hours.

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In the first instance employers and employees will have to try to resolve a dispute between them at the workplace level, however, if they are unable to reach an agreement, an employer or employee (or a person or industrial association representing them) will be able to go to the Fair Work Commission to seek orders on this right.

The right does not prohibit employers from contacting their employees, nor does it prevent employees from contacting one another, including across time zones. Rather, the employee will be able to refuse to monitor, read or respond to contact, or attempted contact outside of working hours, when they are not expected to be working or paid to be working, so long as doing so is not unreasonable.

The changes take affect on 26 August 2024 for non-small business employers; and 26 August 2025 for small business employers.

Rules will apply when determining whether an employee’s refusal is unreasonable or not.

Unsure how to keep up with Fair Work changes and manage compliance? Get Help With the Fair Work Act today call ISOsafe on 1300 789 132

Closing Loopholes Act – Wage Theft Provisions

From 1 January 2025, intentional underpayments of wages by employers will be a criminal offence.

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Employers may commit an offence if they owe money to an employee under the Fair Work Act or an industrial instrument (like an Award or an enterprise agreement), and intentionally engage in conduct that results in a failure to pay on or before the money is due. This can include failure to make required superannuation contributions.

A Voluntary Small Business Wage Compliance Code will be established before the changes take effect, and compliance with this Code means a small business won’t be prosecuted if they underpay their employees.

Companies prosecuted face penalties three-times the amount of the underpayment, if a court can determine it, or $7.825 million, whichever is greater. If the court can’t determine the underpayment, the maximum penalty is $7.825 million.

Individuals can be imprisoned for up to 10 years; be fined either three-times the amount of the underpayment, if the court can determine it, or up to $1.565 million, whichever is greater; or be both fined and imprisoned.

Does Your Business Need Help? For immediate assistance call ISOsafe 1300 789 132.

Increased penalties for WHS Act offences resulting from changes to Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

Tougher penalties for offences under Commonwealth work health and safety laws are now in force across the Comcare jurisdiction.

The changes are part of the Fair Work Legislation Amendment (Closing Loopholes) Act that passed parliament in December 2023. The legislation amends the Work Health and Safety Act 2011 (WHS Act) to include:

Significant increases to penalties for Category 1 offences:

• $15 million for a body corporate or the Commonwealth (previously $3 million)

• $3 million for a person conducting a business or undertaking or an officer (previously $600,000)

• $1.5 million for any other person (previously $300,000).

Increasing all other WHS Act penalties by almost 40 per cent. The maximum penalties for Category 2 and 3 offences are now $2 million and $700,000 respectively for bodies corporate (previously $1.5 million and $500,000).

Need help to comply with Work Health Safety requirements? Call ISOsafe 1300 789 132.

An indexing mechanism to increase WHS Act and Regulation penalties annually in line with the national Consumer Price Index.

Industrial manslaughter and other work, health and safety reforms

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New criminal responsibility provisions for bodies corporate and the Commonwealth.

The Closing Loopholes legislation also amends the WHS Act to introduce the offence of industrial manslaughter for causing a workplace death through negligent conduct or recklessness. The new offence will apply to officers and PCBUs. Taking effect on 1 July 2024, the offence carries maximum penalties of $18 million for bodies corporate or the Commonwealth and 25 years’ jail for individuals.

A further WHS Act amendment will establish a Family and Injured Workers Advisory Committee by the end of 2024. The Committee will provide advice to the Minister for Employment and Workplace Relations, and Comcare, on the support needs of those affected by a serious workplace incident and help inform relevant policies and strategies.

Source: https://www.comcare.gov.au/safe-healthy-work/prevent-harm/changes-to-whs-laws

Call ISOsafe for assistance with Work Health and Safety Compliance - 1300 789 132.