Embedding workplace health and safety (WHS) practices, such as risk assessment, implementing WHS measures, regular review of WHS measures and regular WHS training and awareness within business operations may assist businesses to manage WHS, according to HVIA Employer Assist provider Industry Legal Group.
WHS is an important core consideration when running a business and among the competing demands a business must consider. This article seeks to provide a general overview of WHS for employers. However, as WHS encompasses many topics and obligations, this article is not comprehensive and is intended to provide a starting point to assess and address WHS risks.
How Is WHS Regulated In Australia
All states, except Victoria, and all territories have implemented (with some variations), the model WHS laws developed by Safe Work Australia. Although Victoria has not implemented the model WHS laws, the aim of the WHS laws in Victoria is the same, to provide a safe and healthy workplace.
What Is WHS?
The aim of WHS laws is to protect the health and safety of employees and other persons, in the workplace or where they are otherwise affected by the conduct of the work.
Generally, WHS laws require the identification of workplace hazards and once identified, those hazards must be eliminated, or if that is not possible, control measures implemented to minimise the potential risk of harm of injury or illness to a person, and to promote welfare in the workplace, so far as is reasonably practicable.
While some hazards may emerge in any business, other types of hazards may be industry specific. The list of potential hazards is very broad and unable to be listed in full in this article, however, they include:
> Physical tasks, for example, manual handling, slip and fall hazards, and operating or moving machinery, vehicles and tools;
> Hazardous exposure, for example, exposure to hazardous chemicals, hazardous dust, smoke, heat, noise, airborne contaminants and biological hazards; and
> Psychosocial hazards (noting that these hazards may also result in physical harm), for example, harassment (including sexual and gender-based harassment), discrimination (including racism), bullying, workplace conflicts, job demands, poor support, lack of role clarity, violence and aggression.
Workers should be informed of and receive training regarding the WHS control measures and receive regular reminders and training. Other persons attending the workplace should be aware of WHS requirements as appropriate.
The business must also consult with its employees on health and safety matters under WHS law. Consulting with employees can assist the business to understand and address risks.
Some risks to health and safety have specific management requirements, for example, in Queensland a business is required to implement a prevention plan to manage risks relating to sexual harassment and gender-based harassment.
State and territory government WHS regulators provide guidance on WHS obligations and management. A list of the regulators is provided at the end of this article. There are also businesses specialising in WHS assessments.
Employer WHS Duties
Generally, employers have a duty to provide a safe and healthy work environment for their employees and other persons.
Under the model WHS laws, an employer is a person conducting a business or undertaking (PCBU). A PCBU has a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers while they are at work in the business or undertaking, and also ensure other persons are not put at risk from the work carried out.
The term ‘workers’ includes employees, contractors/subcontractors and their employees, apprentices/trainees, outworkers, volunteers, labour hire employees and work experience students.
A workplace includes anywhere work is carried out for the business or undertaking, including any place a worker goes, or is likely to be, while at work.
Employee WHS Duties
Under WHS laws, employees also have a duty to take reasonable care of their own health and safety and to ensure their acts or omissions do not adversely affect the health and safety of other persons.
Employees must also follow any reasonable workplace health and safety policies and procedures they have been made aware of. This requirement is also reflected in employment law under which employees are required to follow lawful and reasonable directions, for example workplace health and safety requirements.
Government Regulators
WHS regulator websites provide guidance on WHS.
Following is a list of state and territory WHS regulators: Australian Capital Territory, WorkSafe ACT; New South Wales, Safe Work NSW; Norther Territory, NT WorkSafe; Queensland, WorkSafe Queensland; South Australia, SafeWork SA; Tasmania, WorkSafe Tasmania; Victoria, WorkSafe Victoria; Western Australia, WorkSafe Western Australia.
Safe Work Australia is a government statutory agency that develops national policy aimed at improving WHS and also provides some guidance. However, we also recommend checking the WHS requirements of the state or territory your business is located in.
Key Takeaways
The key takeaways are:
> A business has an obligation to provide a safe workplace for their workers and other persons;
> A workplace is anywhere work is carried out for the business;
> A business must identify hazards, assess and address risks;
> If a risk cannot be eliminated, control measures should be implemented in accordance with the hierarchy or controls; and
> Conduct regular reviews of health and safety hazards and risks, and regularly remind and train employees on WHS.
Contact Employer Assist
If you need assistance, please contact Employer Assist on (07) 3376 6266 or hvia@employerassist.com.au.