THE EXECUTIVE Director of the ACT Office of Regulatory Services says a new Work Safety Act 2008 commences operation on 1 October 2009.
Under the new Work Safety Act, the definition of ‘employee’ has been replaced with a broader definition of ‘worker’.
The definition of ‘worker’ is an individual who carries out work in relation to a business or undertaking under an arrangement with the person conducting the business or other undertaking. This can be either with or without pay.
According to the ORS, this broader definition reflects on the realities of contemporary work arrangements and ensures that all workers have the protection of this law.
Workers can include an apprentice, employee, independent contractor, outworker, a person doing a work experience placement and a volunteer.
The Work Safety Act 2008 will also see a number of stakeholders, not just employers, having duties to workers. These include people like designers and importers of equipment.
Under the new Act, the duty to consult will apply to all employers, regardless of the number of workers they have. However, there is a greater flexibility regarding how consultation can occur to enable a consultative approach to be implemented without being too onerous on the business.