This information has not yet been updated to reflect the changes introduced by the amendments. What to do before, during and after a natural disaster. WHS regulators and workers' compensation authorities contact information, Comparing workers' compensation in Australia, Workers' compensation for psychological injury, state or territory work health and safety authority. Independent contractors may be employees. Know your duties - a tool for working safely. Information on applications, requirements, training and registrations for regulated industries. families. Rights and responsibilities; Psychosocial hazard resources; Q. Quad bikes; R. Risk assessment; Remote or isolated work; S. Sedentary work; Sexual harassment; Slips, trips and . Each Australian state has its own WHS authority that oversees workplace OHS and workplace first aid. SWA is not a regulator and cannot advise you about WHS issues in the workplace. See WHS Act, section 34. On 22 September 2021 Part 7 of the Occupational Health and Safety Act 2004 was amended to enable HSRs to take photographs or measurements or make sketches or recordings in certain circumstances. We educate, support and guide Victorian workplaces to provide a safe environment for their workers. Health and safety representative powers Health and safety representative training PCBU obligations to HSRs Provisional improvement notices (PINs) Our OHS Management System takes a coordinated and systematic approach to health and safety. We use a range a tools and tactics to ensure workplaces are safer. provide and maintain safe and healthy workplaces for all workers provide and maintain a safe means of access to and from the workplace that is safe for workers provide adequate facilities for the welfare of workers at work and appropriate health, medical and first aid services [7] Associations can be incorporated under state or . Consultation As a health and safety representative it's important to understand consultation procedures including what matters employers must consult about, what consultation involves, and different ways that consultation can occur. Conduct inspections and certifications/authorisations/approvals under health and safety and dangerous goods legislation that provides information for current and emerging risks and hazards, where relevant, before, during and after an incident, Continue the safety regulator role during emergency events, including promoting compliant occupational health and safety management systems. the right to a fair and just workplace. policies and services for people of LGBTIQ communities and their All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. provider and service applications and approvals. the right to speak up about work conditions. Understand the powers of an HSR and an employers' obligations. Does your workplace run emergency drills? Making WHS a concrete and measurable part of your employees work will have a very real impact. Take reasonable care for your health and safety in the workplace. The Commonwealth, states and territories are responsible for implementing, regulating and enforcing WHS laws in their jurisdictions. | Learn more about Phillip Pavlidis's work . Review of the model Work Health and Safety lawsFinal Report. List these and provide a brief description on thier role. Create a safe workplace Your industry Information and guidance about your industry and the kind of work you do. [4] WHS Act, section 31. It is important to understand the health and safety requirements that apply to your type of business in order to correctly prepare for any accident or emergency. WHS regulations supplement the WHS Act, and the Acts of those states yet to . Employ or engage people suitably qualified in OHS to advise you on employees health and safety. Provide and maintain safe plant (machinery and equipment). Give your employees information about workplace health and safety in appropriate languages. acknowledges and pays respect to their Elders, past and present. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. To do this you must: provide a safe work environment Resolving health and safety issues and discrimination against HSRs. To ensure workers and managers have the capabilities required to perform their jobs safety training need to be done. We publish a wide range of resources covering many work health and safety topics. WorkSafe Victoria An employer can be a: You are an employee if you have a contract of employment or contract of training. WorkSafe Victoria acknowledges Aboriginal and Torres Strait To request an inspector email whs.help@comcare.gov.au or call us on 1300 366 979. . [4] WHS Act, section 157. Want to capture tangible business benefits from the culture of consultation youve created? Safe practice 1: Safe practice 2: Safe practice 3: QUESTION 7 Fill out the table after each scenario. Protect yourself and your business maintain a thorough understanding of your legal obligations. Keep your workplace safe and productive by identifying and resolving issues through defined systematic processes. 26 Park Street South Melbourne Melbourne VIC 3026 Australia, Suite 25 Ground Floor 185-187 High Street Freemantle WA 6959 Australia, P.O. Rights and responsibilities of employers According to WorkSafe Victoria the employer must provide a safe and healthy workplace for all workers and contractors. This is our promise to the Victorian community and the reason we exist. Duties of Workers While at work, a worker must: Take reasonable care for his or her own safety Take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons It is recommended to follow this checklist to minimize risk and prepare your workplace. Under Australian WHS laws your business must: ensure the health and safety of your workers not put the health and safety of other people at risk. They also: give advice and information on WHS duties collect, analyse and publish statistics As part of the provisions of the WHS Act, employers must provide a first aid kit with the necessary supplies to provide emergency health care. Our COVID-19 response continues, as we educate workplaces on how to operate safely with the virus. DISC profile: The Coach. Employers are required by legislation to provide a working environment that is safe and as free as possible from health risks, including psychological as well as physical risks. We provide information for HSRs and workers interested in being a HSR about the role, HSR elections, support and guides, . Provide and maintain safe systems of work - for example, controlling entry to high-risk areas and providing systems to prevent falls from heights. Everything you need to know about worker's compensation insurance, whether you're an employer needing to insure your workers or a worker who's been injured at work. You should look at your own situation and requirements before making any decisions. Your obligations Understand your OHS, workplace injury and rehabilitation obligations. The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. We're prioritising the early identification of current and emerging occupational illness and disease such as asbestos and silicosis. [2] WHS Act, section 156. Communication of WHS responsibilities can be done quickly and effectively when your organisation has efficient processes in place. This Roles and Responsibilities section can be leveraged to understand the roles and responsibilities of agencies in relation to emergency management (EM). We lead the way with a clear set of policies and procedures. A health and safety representative (HSR) is elected by their work group to represent workers in work health and safety (WHS) matters. Consult employees on matters that may directly affect their health, safety and welfare. This includes a good knowledge and understanding of: All workers are responsible for the WHS impact of their own actions. 54 Victoria Street, Carlton South VIC 3053 Phone: 03 9659 3511 Fax: 03 9639 0408 Whether a person conducts a business or undertaking is a fact to be determined in each case. We publish a wide range of resources covering many work health and safety topics. WHS capability refers to the knowledge, skills and experience all workers must have to meet their work health and safety (WHS) responsibilities to do their work safely. Usually: Examples of a business or undertaking include: See theGuide to Work Health and Safety for Volunteer Organisationsfor more information. The Commonwealth, states and territories regulate and enforce WHS laws. These include the Work Health and Safety Act 2011, Workplace Injury Rehabilitation and Compensation Act 2013, Accident Compensation Act 1985, Workers Compensation Act 1958, Equipment (Public Safety) Act 1994, and Dangerous . Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. Work health and safety legislation requires you to: ensure safe systems of work ensure safe use and handling of goods and substances provide information, instruction, training and supervision to your workers to ensure they are safe assess risks and implement appropriate measures to manage and control them Productively resolve health and safety issues. WorkSafe Victoria is the statutory authority responsible for promoting and enforcing health and safety in Victorian workplaces. We provide training in multiple locations around Melbourne's suburbs as well as across regional Victoria. Health and safety inspectors can enter your workplace to check your compliance with Australian work health and safety laws. Have you evaluated your business activities to identify areas of increased risk? The person must also comply with, so far as they are reasonably able, any reasonable instruction that is given by thePCBUto comply with themodel WHS laws. Streamline your WHS processes with a strategic communication process. Recovery Support Agency (RecSA) to BRV to coordinate approved state-led or supported clean-up of residential property. 1 Malop Street And we are reviewing and improving every interaction we have with an injured worker from the beginning of the process, when they lodge a workers compensation claim, to how we support their recovery and safe return to work. New South Wales, South Australia, Queensland, the Northern Territory, ACT, Tasmania, and now . There is a range of responsibilities within any company from managements overall WHS responsibility to the day-to-day responsibility of individual workers. A high-level overview of arrangements undertaken in EM are outlined in the interactive and functional PDF (including tables 1-7), with specific details of agency roles and responsibilities . Workers' WHS duties Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a duty to: take reasonable care for their own health and safety while at work take reasonable care to not adversely affect others' health and safety comply with reasonable instructions In both capacities, employers and employees are at the heart of our service. We develop national policy and strategy about workers' compensation. The purpose of the Work Health and Safety laws ( WHS laws) are to protect the health, safety and welfare of employees, volunteers and other persons who are at, or come in to contact with, a workplace. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. owners or managers) persons who manufacturer or supply plant (machinery or equipment tools) and substances used at work Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. Everything about mental health in one place. Regulatory authorities also have a range of powers and tools to facilitate continuous improvement and ensure compliance with the NQF, including the ability to issue compliance notices. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. Access all our WHS resources including guides, videos and webinar recordings to help you understand the new requirements. As a business owner you are legally accountable to manage your workplace health and safety (WHS). You must manage the risksto your workers, so far as is reasonably practicable,when they areworking from home. Detail the WHS responsibilities relevant to each employees specific duties, and make them clear, relevant and easy to understand. 0003/58170/Manage-WHS-risks-COP-2011.pdf The How to manage work health and safety risks Code of Practice provides practical guidance for persons who have duties under the WHS Act and WHS Regulation to manage risks to health and safety. We pay our respects to the people, the cultures and the elders past, present and emerging. Agents have a responsibility to ensure that employers are aware of their obligations under the Act such as the timeframes to submit claims, the payment of weekly payments and the obligations to provide pre-injury/equivalent or suitable employment to workers. Here is a summary of an employer's rights . According to Section 72 of the OHS Act, the functions of the HSC include: Facilitating cooperation between the employees and the employer. Roles and responsibilities employers, occupiers and contractors . $400,000 fine after worker killed in crane tragedy, Transport company fined $75,000 after electric shock, WorkSafe Awards winners set the gold standard for safety. A worker can be prosecuted for failing to comply with their duties. ), Participating agency for the mine emergency mitigation activity: legislation/regulation and enforcement of Mineral Resources Sustainable Development Act 1990 and regulations (licensing and approvals process for operators of declared mines), Occupational Health & Safety Act 2004, EM Act 2013, EM (Critical Infrastructure Resilience) Regulations 2015, Country Fire Authority Act 1958 and Regulations 2014, Energy Safe Victoria Act 2005, Provide technical support to other agencies in the area of plant, construction, chemicals, dangerous goods, high consequence dangerous goods, explosives (other than ordinance and explosives or firearms at crime scenes), mines, prescribed mines, quarries, on-shore petroleum sites and geothermal or on-shore exploration sites and in relation to occupational health and safety matters regarding extent of damage, immediate threats, and loss of life these matters may present. Have you done a first aid assessment of your business? WorkSafe Victoria Charities and associations. promote and support education and training, help duty holders, workers and representatives consult and coordinate on, promote and share information, tools and initiatives, including with other, WHS regulators and workers' compensation authorities contact information, Comparing workers' compensation in Australia, Workers' compensation for psychological injury, Implementation of the Model WHS Laws Review Recommendations, Review of the model WHS laws - terms of reference, National compliance and enforcement policy, Regulator and inspector powers to gather information, What powers do inspectors have to enter workplaces, What powers to regulators and inspectors have to gather information, state or territory work health and safety authority. Worksafe Victoria, Dangerous Goods transporter maintenance, training, licensing, inspection etc. Under the OSH law, employers have a responsibility to provide a safe workplace. Islander people as the Traditional Custodians of the land and 1 Malop Street The policies should offer clear guidelines about the duties, consultation and documentation mandatory for each process regarding: In order to understand the training needed, analysis of the job and individual skills must be analysed. SWA is not a regulator and cannot advise you about WHS issues in the workplace. . They can be the valuable resource to identify the hazards within the workplace. We use a range a tools and tactics to ensure workplaces are safer. The Victorian community services sector employs more than 60,000 people We collect, analyse and publish data and information on work health and safety and workers' compensation. To reduce workplace harm, we are targeting the 5000 Victorian workplaces that need the most support and attention - where harm is, or is likely to, occur. . The Act also provides for Deputy HSRs to be elected in the same way as HSRs, and allow them to stand in for their HSRs when that person is not available. A 'person conducting a business or undertaking' (PCBU) has health and safety duties under the WHS Act. An officer can be prosecuted for failing to exercise due diligence. Our aim is to keep all workplaces (including major emergency workplaces) healthy and safe, and to deliver high quality care and treatment when employees are injured. A workplace injury can significantly change a person's life. Take action to eliminate the hazard Find out how to meet your duties under work health and safety (WHS) laws. If youre a person conducting a business or undertaking (PCBU), you must manage the health and safety risks to your workers, so far as is reasonably practicable. You have duties under WHS laws to keep people in the workplace safe if youre: A person can have more than one duty under the model WHS laws. We're making it easier for injured workers and employers to interact with us through better automation and online functionality. authority (if applicable) within the statutory reporting time frames. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. Our job is to reduce workplace harm and improve outcomes for injured workers. acknowledges and pays respect to their Elders, past and present. Inspectors have powers to: enter, inspect and examine workplaces conduct investigations and enquiries take samples, photographs, records and measurements take possession of materials ask that the workplace be left undisturbed interview anyone at the workplace ask for assistance from anyone at the workplace WorkSafe can provide occupational health and safety advice of a general nature. Geelong VIC 3220. has the capacity to significantly affect the business financial standing. 3. Your WHS obligations You must put health and safety practices in place as soon as you start your business. A crane company has been convicted and fined $400,000 after one man died and two others were injured during a concrete pour at a Box Hill construction site. This code applies to all types of work and all workplaces covered by the WHS Act. The Information sheet - Work Health and Safety (Mines) Regulations 2022 comparison table summarises the similarities and differences between provisions in the Mines Safety and Inspection Act . Geelong VIC 3220. Dahlsens Albury-Wodonga 58 - 98 Bennu Circuit, Thurgoona NSW 2640. Back. Islander people as the Traditional Custodians of the land and families. [6] WHS Act . Give your employees the necessary information, instruction, training or supervision to enable them to do their work in a way that is safe and without risks to health. Question: Research the WHS authorities in your state or territory. The goal of providing first aid is to prevent or reduce further health damage and to relieve suffering until the injured person can be . Find out about WHS laws that apply in each jurisdiction. [3] WHS Act, section 154. Regulators work collaboratively to set strategic priorities at both a national and local level. The Crown is also a PCBU for the purposes of the WHS Act. Supporting them to recover and, where possible, return to safe work. below I have copied what I have found so far, but has taken too much time. They also share information, tools, and initiatives. Monitor your employees health (for example, provide hearing tests if they are exposed to high noise levels). The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. Everything about Coronavirus (COVID-19) in one place. Review of the model Work Health and Safety lawsFinal Report. Table 17: Recovery coordination: Built environment. A workplace safety pioneer, a stable hand who has returned to work after suffering a serious spinal cord injury and a company that reshaped its approach to preventing mental injury in the workplace were among the winners at the 2022 WorkSafe Awards. References [1] WHS Act, section 4 definition of 'regulator'. This responsibility extends to contractors for matters over which the employer has management. Line managers are responsible for a specific area of your company, including WHS within that area. We collect, analyse and publish data and information on work health and safety and workers' compensation. This tool provides information about duties under the model WHS laws, including duties for PCBUs and workers in the agriculture industry, how to meet these duties, and hazards you may face working in agriculture. Evaluate and maintain WHS. We develop national policy and strategy about workers' compensation. WorkSafe is Victoria's workplace health and safety regulator. acknowledges and pays respect to their Elders, past and present. Do you have enough trained first aiders to cover unplanned staff absences? Tasmania's WHS regulator. The Occupational Health and Safety Act 2004 contains sections that describe the responsibilities of: employers employees self-employed persons persons who have control of workplaces (e.g. However, WorkSafe cannot provide advice on how legislation should be applied in any specific circumstance, and the advice provided by WorkSafe does not constitute legal advice. The sooner, the better. Review of the model Work Health and Safety lawsFinal Report. We also hold negligent employers to account and enforce occupational health and safety laws if workers are subjected to risk or harm. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. The description of WHS responsibilities must include the name, position and appropriate authority of all such personnel. The penalty is $150,000. WorkSafe strives to prevent workplace injuries, illness and fatalities and for more than 35 years has raised the standard of health and safety in Victorian workplaces. A person at a workplace can be prosecuted for failing to comply with their duties. Ensure the safe use, handling, storage or transport of plant or substances. Health and safety inspectors can enter your workplace to check your compliance with Australian work health and safety laws. WorkSafe Victoria acknowledges Aboriginal and Torres Strait For information about who may be aPCBUand their duties see: Officers have specific duties under WHS laws. HSRs have powers under the Work Health and Safety Act 2020. a) WorkSafe Victoria, b) Victorian WorkCover c) Provide and maintain for employees a workplace that is safe and without risk to health. His job is to visit clients in their homes. As a health and safety representative it's important to understand consultation procedures including what matters employers must consult about, what consultation involves, and different ways that consultation can occur. To find more information about these laws go to your state's WHS governing body. Employer Responsibilities. Information for charities and associations operating in Western Australia. CHC30113 WHS/OHS in the workplace. Duty holders should seek their own independent advice on how the requirements of WorkSafe-administered legislation should be applied. Business and employer responsibilities; Claims & insurance Use the enter or spacebar key to Expand "Claims & insurance" Claims & insurance. process-based objectives (eg, the number of inspections conducted, hazards rectified, etc). Our responsibilities include: issuing licences and registration for potentially dangerous work investigating workplace incidents where necessary, enforcing WHS, workers compensation and explosives laws in NSW. A person is not a PCBU where they are engaged solely as a worker or officer of the business or undertaking. Regulators work collaboratively to set strategic priorities at both a national and local level.