Emergency Management Procedure

Who can use this procedure?
 
This procedure can be used by all employers.
 
Commentary
 
In general, under the relevant health and safety legislation (the 'Legislation') and associated regulations and codes of practice, the primary duty imposed on a person conducting a business or undertaking (‘PCBU’) is to ensure as far as reasonably practicable, the risks to health and safety in the workplace. For the purposes of the Legislation, an employer is a PCBU and therefore bears the primary responsibility. An employer also has a duty in respect of workplaces it controls or manages.
 
In line with this duty, the relevant work health and safety regulations impose specific obligations on a PCBU in relation to the preparation, maintenance and implementation of emergency plans and procedures.

Compliance with this Emergency Management Procedure will assist the company in meeting its obligations under the Legislation, associated regulations and codes of practice.

Employers should be mindful that they are required under the Legislation to consult with workers about matters relating to health and safety.

This Procedure does not cover the specific legal requirements for emergency plans and procedures for:

1. the mining industry; or
2. higher risk work environments such as:

• hotels, where there are people sleeping on site;
• stadiums, where there are a large number of people on site at the same time;
• high risk chemical facilities or other major hazard facilities (including where asbestos is present); and
• workplaces which require significant cash handling, particularly outside normal business hours.

 
For specific guidance on emergency plans and procedures for the mining industry or other high risk environments you should also consult the relevant Safe Work Model Australia Codes of Practice including Hazardous Manual Tasks; Preparation of Safety Data Sheets for Hazardous Chemicals; Labelling of Workplace Hazardous Chemicals and How to Safely Remove Asbestos.
 
More general guidance can also be found in AS 3745-2010 Planning for Emergencies in Facilities.
 
Important note to subscribers 
 
The commentaries and documents in Workplace are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document. 
 
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
 
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice. 

If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You may also wish to consider contacting Australian Business Lawyers & Advisors for targeted advice on your business’s specific needs.
 
You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create. 

After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants.