General Meeting

GAVIN MOREIRA, Member Services Manager for CMPA reports on the first General Meeting held via Microsoft Teams for CMPA members.

On 21 May 2020, the CMPA held its first webinar via Microsoft Teams, it was a General Meeting on two very important topics impacting the extractive industry. Over 40 CMPA Members tuned in either via their phone or computers from all parts of Victoria.

Workplace Manslaughter Law

The first presentation was an update on Workplace Manslaughter Law by Cameron Hannebery, Special Counsel from Lander & Rogers Lawyers. Key points were:

The offence applies to negligent conduct by an employer or other duty holders, or an officer of an organisation, which breaches certain duties under the Occupational Health and Safety Act 2004 (OHS Act) and causes the death of another person who was owed the duty.

The new law aims to prevent workplace death, provide a stronger deterrent for duty holders to comply with their occupational health and safety obligations, and to send a strong message that putting people’s lives at risk in the workplace will not be tolerated.

The changes do not create additional duties; they introduce tougher penalties on already existing duties under the OHS Act. Employers and duty-holders should stop to think about the risks involved in the conduct of their business, and what steps can be taken to mitigate those risks.

If you are already complying with your OHS duties, you are doing the right thing and you will not need to do anything different from 1 July. If you are not complying, the consequences for not thinking about workplace risk can be much more severe.

EPA’s General Environmental Duty

The second presentation was on the EPA’s General Environmental Duty by Cathy Mac Innes, Associate Director from Associate Member Ricardo Energy Environment and Planning. Key points were:

The General Environmental Duty (GED) is about a person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste, they must minimise those risks, so far as reasonably practicable. It’s all about Risk Management.

EPA expect you to:

• Assess the risk of harm
• Actively minimise the risk
• Be responsive to EPA advice and suggestions
• Minimise impact and repair damage
• Answer EPAs questions, provide information and facilitate inspections
• Ask for advice when needed – and take it on board

The following table is a summary of what is required:

If you have met ERR’s requirements you have met the requirements of the GED.

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