It’s as if they have a good idea to come out of the blue every now and then, from when you almost hit them, or when someone new comes on board and asks a question that you’re not sure how to answer. SDSs have not been updated since the last audit. There is a gap in the incident register for 3 months which hasn’t been flagged. There’s a risk assessment in the filing cabinet somewhere that is two managers old, and it’s not the same one that’s in place now. And the question comes back into your mind, “Do I have to deal with this myself or is there a cleverer way to deal with it?
This is a question most small business owners ask at some time. Regulators do not take compliance of workplace health and safety lightly and if a workplace suffers the consequences of failure, it will not be a slap on the wrist. Penalties are faced and in the most severe cases, people are injured. Therefore, it is appropriate to have a good answer to the question. The following questions should be considered when deciding to continue managing WHS internally, appoint an internal safety officer, use an external consultant or a mixture of the three options.
What does a WHS consultant do that an internal safety officer doesn’t?
This is where a lot of business owners get caught out. An internal safety officer, often someone wearing that hat alongside three other jobs, can run toolbox talks, keep the incident register current, and make sure PPE is where it’s supposed to be. That work is useful, and most businesses need it. But under most state and territory WHS Acts, only a suitably qualified person can conduct formal risk assessments for high-risk activities, certify certain plant and equipment, or represent the business credibly during a regulator investigation.
If your internal safety lead isn’t trained or accredited for those specific tasks, they can still do the day-to-day work, but they shouldn’t be the last line of defence on anything high-risk. Some safety officers happen to hold the right qualifications. Most don’t, particularly in smaller operations where the role grew out of someone’s general willingness rather than formal training. Worth checking before you assume the person handling your safety paperwork has it covered.
Do I actually need a WHS consultant?
If your business runs a low-risk office environment with a handful of staff, you might be fine managing WHS with a solid policy template and regular check-ins. Many small professional service businesses manage without external help.
The picture changes once you start running machinery, working at height, handling hazardous substances, or managing subcontractors on a site you don’t fully control. At that point, bringing in a WHS consultant usually pays for itself within a few site visits, partly through the incidents you prevent and partly through the audit findings you never have to explain.
What about the cost?
Fees vary. A basic WHS review and policy setup from a consultant might cost a few hundred dollars for a straightforward small business. A more involved engagement covering site audits, high-risk work licensing, and incident investigation support will cost more. Many businesses tackling this kind of compliance at the same time end up sorting out their quarterly tax obligations too, which is often when finding a BAS agent ends up on the same to-do list, since both problems tend to surface when the business has outgrown doing everything in-house.
The better way to think about it: how much would a serious incident cost you, in time, in reputation, in the fallout with your team? If the answer is “more than I’d like to think about,” the maths usually favours bringing in some outside expertise.
What questions should I ask before hiring a WHS consultant?
If you are in need of a consultant, a few words of conversation will inform you of the majority of what you need to know.
Inquire about their qualifications and years of experience in the field, and if they relate to your industry. An architect with 10 years of experience in the construction industry will not necessarily be in the same league as a consultant for a warehouse or a childcare centre.
Describe the process of ongoing support and that of one-off audits and ask how they manage each. Some consultants would like just one review per year. Others are willing to have their number on call if you have a question about a new piece of equipment. Choose someone who has a style that is similar to yours.
Inquire about any documentation and systems they use. If you already use a safety management system or a specific reporting software, what you don’t need is someone who’s going to replace it all the time.
Inquire about their interactions with the regulators. The ideal consultant will be able to explain to you the process of what will happen if an inspector arrives on the day unexpectedly, rather than leaving you guessing.
What are the most common mistakes that lead to penalties?
There are three recurring patterns to the regulators’ enforcement notices.There are 3 common themes to regulator enforcement notices.
First is an old risk assessment or none at all. They are supposed to capture the actual rather than the original way of conducting work as it was when the document was originally written, regulators said. A risk assessment that has not been updated for several years is considered to be equivalent to no risk assessment.
Inadequate consultation with workers is the second one. Businesses must consult their employees on issues that impact their health and safety, and not doing so – as well as not documenting the consultation – is one of the most frequent issues that are uncovered during an audit or investigation.
The third is under-reporting of incidents. Minor and near misses that are not recorded can give the impression of a good safety record, but if a serious incident does occur the lack of previous reporting may work against the business.
Where does that leave you?Can I switch agents if my current one isn’t working out?
Yes and, it’s not as painful as people think. Your current consultant informs the new consultant, you provide the necessary paperwork and history and the new consultant carries on. The majority of regulators don’t mandate a formal exit procedure. There’s really only one possible “rub” and that is trying not to switch if you can during an active investigation or audit.
Where does that leave you?
The truth is some businesses can get by with doing their own WHS compliance management and some are subject to ongoing risks of the same. There are two factors that typically influence which side you’re on: how dangerous your operations are and how do you feel about you’re doing your job well and nothing’s been left behind.
If you’re doing it yourself and it is working, then continue. If you are handling it on your own and you have been hiding the fact that you were a little bit concerned that you are missing something, that’s a warning to watch out for. If your internal safety officer is doing a really good job day-to-day, and not qualified to do the high-risk calls, then the question pretty much speaks for itself.
It is inevitable that the next audit or inspection will be around again at some time. But, make a decision before that.
