The proposed Occupational Health and Safety (OHS) Amendment Bill places significant responsibilities not only on traditional employers but also on self-employed individuals. Section 9 of the Bill mandates that every self-employed person must conduct their work in a manner that ensures the risks posed by identified hazards are managed according to a specific Risk Management Plan, as outlined in Section 8​. This requirement ensures that self-employed individuals take proactive steps to protect both themselves and others who might be affected by their work.

Key Responsibilities for Self-Employed Individuals

  1. Conducting a Risk Assessment: Just like larger organizations, self-employed individuals must identify and assess the hazards related to their work. This assessment should cover all potential risks that could impact their safety and the safety of others on the premises.
  2. Developing a Risk Management Plan: Based on the Risk Assessment, a detailed Risk Management Plan must be developed. This plan should outline the control measures to mitigate or eliminate identified risks. It should also specify how these measures will be implemented and monitored over time.
  3. Ensuring Compliance: Self-employed individuals are required to ensure that their work is performed in line with the control measures specified in the Risk Management Plan. This compliance is not optional—failure to adhere to these measures could lead to legal consequences and increased risk of accidents or health issues.
  4. Considering the Impact on Others: The legislation emphasizes that the safety of others who may be affected by the self-employed person’s activities must also be considered. This includes clients, contractors, visitors, or any other person present on the premises where work is being conducted.

Practical Steps for Self-Employed Individuals

  • Create a Tailored Risk Management Plan: Develop a Risk Management Plan that is specific to the nature of your work. This plan should be practical and easy to implement, ensuring that it addresses all the risks identified in your Risk Assessment.
  • Regular Reviews and Updates: The work environment and associated risks can change over time. Regularly review and update your Risk Management Plan to reflect any new hazards or changes in your work practices.
  • Document Your Processes: Keep a record of your Risk Assessments and the implementation of your Risk Management Plan. This documentation not only helps in maintaining compliance but also serves as evidence of your commitment to safety.

Conclusion

The proposed OHS Amendment Bill clearly extends its reach to include self-employed individuals, recognizing the importance of safety across all types of work environments. By conducting thorough Risk Assessments and adhering to a well-developed Risk Management Plan, self-employed persons can ensure they meet their legal obligations while maintaining a safe working environment for themselves and others. If you need assistance in creating or implementing your Risk Management Plan, our team is here to help.