DISC profile: The Coach. Workers including employees, contractors, subcontractors, labour hire employees, outworkers,apprenticesor 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. 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. Your obligations Understand your OHS, workplace injury and rehabilitation obligations. To improve outcomes for injured workers, we're identifying early those injured workers whose recovery or return to work is not going to plan, and providing targeted intervention and tailored support. 1 Malop Street The policies should offer clear guidelines about the duties, consultation and documentation mandatory for each process regarding: The description of WHS responsibilities must include the name, position and appropriate authority of all such personnel. Any person at a workplace, including customers and visitors must take reasonable care of their own health and safety and that of others who may be affected by their actions or omissions. WHS committee helps to maintain and improve health and safety standards, rules, procedures and establishes the standard of best work practices. Is the first aid equipment in your workplace easy to find and access? Employer Responsibilities. APCBUhas a primary duty to ensure the health and safety of workers while they are at work in the business or undertaking and others who may be affected by the carrying out of work. This includes inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. 4.1 Determine WHS priorities in consultation with work group. Review of the model Work Health and Safety lawsFinal Report. Refer to the Safe Work AustraliaCOVID-19 - Working from homewebpage for specific guidance. We pay our respects to the people, the cultures and the elders past, present and emerging. Your basic rights include: the right to be shown how to work safely. Productively resolve health and safety issues. This is our promise to the Victorian community and the reason we exist. We educate, support and guide Victorian workplaces to provide a safe environment for their workers. WorkSafe Victoria is committed to safe and inclusive work places, 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. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. Detail the WHS responsibilities relevant to each employees specific duties, and make them clear, relevant and easy to understand. These managers should personally sign and endorse WHS policies and make sure their employees understand them. It is recommended to follow this, to minimize risk and prepare your workplace. Give your employees information about workplace health and safety in appropriate languages. They specify how some duties under the WHS Act must be met and the procedural or administrative processes that must be in place. [6] WHS Act . WHSC consists of various staff members from departments within an organisation. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. Geelong VIC 3220. Know your duties - a tool for working safely. A transport company has been convicted and fined $75,000 after a worker suffered an electric shock when a mobile crane struck overhead power lines at a Dromana construction site. 4.3 Identify potential barriers to improvement. We educate, support and guide Victorian workplaces to provide a safe environment for their workers. [4] WHS Act, section 157. Being 'Safe and Well Every Day' is the promise WorkSafe Tasmania makes to the Tasmanian community. families. Ensure the safe use, handling, storage or transport of plant or substances. [6] Acts Interpretation Act 1901, section 2C(1). To find more information about these laws go to your state's WHS governing body. 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. They also share information, tools, and initiatives. promote and share information, tools and initiatives, including with other regulators. Box 306 Black Rock VIC 3193 Australia, regular maintenance of industrial plant and safety, putting processes in place to reduce health risks in operations the use, handling, storage or transport of plant or substances, minimising hazards and maintaining safe conditions in the work environment, providing adequate facilities for workers welfare, providing proper information, training and supervision that teaches workers to perform their work safely and without risk. A serious incident that results in a worker sustaining an injury or severe injury (requiring immediate hospital admission) must be managed sensitively and without delay. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. 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. policies and services for people of LGBTIQ communities and their Dual Australian and EU citizen, will relocate for the right role. Provide suitable facilities for welfare at any workplace you manage and control. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. SWA is not a regulator and cannot advise you about WHS issues in the workplace. If you need help please contact yourstate or territory work health and safety authority. Everything about Coronavirus (COVID-19) in one place. For small businesses, officers are usually the owners or operators of the business. We publish a wide range of resources covering many work health and safety topics. We provide training in multiple locations around Melbourne's suburbs as well as across regional Victoria. The modelWHS laws still apply if workers work somewhere other than their usual workplace,such asworking from home. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. 3. They can be the valuable resource to identify the hazards within the workplace. 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. Information for businesses about their rights and responsibilities under consumer laws in Western 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 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. 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. Allowing members to instigate, develop, and implement health and safety control measures. Keep workplaces that you manage and control in a safe condition, free of risks to health (for example, ensure fire exits arent blocked, and the worksite is generally tidy). An officer can be prosecuted for failing to exercise due diligence. In both capacities, employers and employees are at the heart of our service. Islander people as the Traditional Custodians of the land and To do this you must: provide a safe work environment WorkSafe Victoria is committed to safe and inclusive work places, the right to say no to unsafe work. 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. As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. WorkSafe Victoria is committed to safe and inclusive work places, 1. Islander people as the Traditional Custodians of the land and For example, a self-employed person may be simultaneously a PCBU and a worker. 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. Geelong VIC 3220. See our latest Key work health and safety statistics. For assurance and learning activities, refer directly to the agency for further information. It allows duty-holders to determine their approach to achieving compliance with the Act. You can also promote awareness throughout your organisation by featuring WHS matters in the personal objectives and annual assessment of all employees. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. 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, state or territory work health and safety authority. federal statutory authority. The WHS responsibilities apply to all employers and businesses, which includes any person conducting a business or undertaking (PCBU). Rights and responsibilities of employers According to WorkSafe Victoria the employer must provide a safe and healthy workplace for all workers and contractors. See our latest Key work health and safety statistics. His job is to visit clients in their homes. 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. 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. We work with industry and assist businesses to create a safe and healthy culture in Queensland places of work. Duty of care for psychological health Notify the regulator Consultation and communication Ensure authorisations are in place Manage a HSR listing Set up work health and safety committees Support work health and safety entry permit holders Manage contractors Practical strategies Expand all Manage risk in the workplace 4.4 Establish processes to monitor achievement against the plan and update plans as required. New South Wales, South Australia, Queensland, the Northern Territory, ACT, Tasmania, and now . 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. The PCBU may be a corporation, partnership, unincorporated association, a self-employed person or a sole trader. We use a range a tools and tactics to ensure workplaces are safer. Licences and registrations. WorkSafe Victoria acknowledges Aboriginal and Torres Strait A health and safety representative (HSR) is elected by their work group to represent workers in work health and safety (WHS) matters. We use a range a tools and tactics to ensure workplaces are safer. To request an inspector email whs.help@comcare.gov.au or call us on 1300 366 979. . . 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. the role of WHS authority inspectors, their powers and issue resolution functions ability to get access to expert technical information and advice from certified OHS professionals Workers' Responsibilities All workers are responsible for the WHS impact of their own actions. How WorkSafe applies the law in relation to Reasonably Practicable, Report an incident: Criteria for notifiable incidents, Occupational Health and Safety Act and Regulations, Information for occupiers and those who manage or control workplaces. To ensure workers and managers have the capabilities required to perform their jobs safety training need to be done. Is HR responsible for WHS? An overview of employer and employee responsibilities under the Occupational Health and Safety Act 2004. The Act is designed to provide a broad framework for improving standards of workplace health and safety to reduce work-related injury and illness. WorkSafe is reminding Victorian employers and workers of the shocking consequences of workplace harm after the loss of 61 lives last year. WorkSafe Victoria cooperate with any reasonable policy or procedure of thePCBUrelating to health or safety at the workplace that has been notified to workers. In the following table, name the relevant legislation's, regulations, codes and standards and how they impact on . Line managers are responsible for a specific area of your company, including WHS within that area. We develop national policy and strategy about workers' compensation. It does not take your specific needs or circumstances into consideration. Generally HSRs and deputy HSRs have the same functions and powers. 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 . 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. the right to appropriate safety equipment. ), 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. A worker can be prosecuted for failing to comply with their duties. Logistics and Supply Chain Management, 18. Omar works in Home and Community Care in a rural location. If you need help please contact yourstate or territory work health and safety authority. Visits by SafeWork inspectors to workplaces could be in response to: an incident a complaint We pay our respects to their Elders past and present, and honour their cultural, spiritual and educational practices. Overwhelmed by the plethora Acts, Regulations, and Codes? It is recommended to follow this checklist to minimize risk and prepare your workplace. Making WHS a concrete and measurable part of your employees work will have a very real impact. What is name of the WHS authority that regulates work health and safety in Victoria? We acknowledge the Aboriginal and Torres Strait Islander peoples as the first inhabitants and traditional custodians of the land on which we work and live. Independent contractors may be employees. Assist in identifying hazards. consult with workers, and health and safety representatives (HSRs) if you have them, about health and safety issues that may directly affect them. We collect, analyse and publish data and information on work health and safety and workers' compensation. The Crown is also a PCBU for the purposes of the WHS Act. What is your answer so far or What have you done so far as an attempt to solve this question? 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 . . There is a range of responsibilities within any company from managements overall WHS responsibility to the day-to-day responsibility of individual workers. Where required, participate in any established coordination networks to support operational response, Investigate the cause of workplace and work-related incidents including incidents in public places involving registered, licensed and prescribed equipment and at major public events where such equipment is involved in an incident including amusement structures and amusement rides. OHS structure and responsibilities. While preventing injuries is always our first preference and priority, when a workplace injury does occur, our job and our focus is on improving outcomes for those who are injured. makes, or participates in making, significant decisions that affect the whole, or a substantial part, of the business, or. To decide what is reasonably practicable, you must consider: Report to WorkSafe all notifiable incidents that happen in a workplace under your management and control. A person can have more than one duty under the model WHS laws. They also share information, tools, and initiatives. You must, so far as is reasonably practicable: provide and maintain a work environment that is without risk to the health and safety of workers, provide adequate and accessible facilities for the welfare of workers to carry out their work, give workers the necessary information, instruction,trainingor supervision to do their job safely and without risks to health, and. 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. Safe practice 1: Safe practice 2: Safe practice 3: QUESTION 7 Fill out the table after each scenario. For information about who may be aPCBUand their duties see: Officers have specific duties under WHS laws. 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. Examine workplace conditions to make sure they . The penalty is $150,000. WorkSafe Victoria The WHS Act will be supported by three sets of regulations: Work Health and Safety (General) Regulations - applies to all workplaces except those covered by the other two sets of regulations [WHS General Regulations] Work Health and Safety (Mines) Regulations - applies to mining and mineral exploration Our COVID-19 response continues, as we educate workplaces on how to operate safely with the virus. We collect, analyse and publish data and information on work health and safety and workers' compensation. The role of work health and safety committee members is to address and resolve WHS issues. We develop national policy and strategy about workers' compensation. This includes a good knowledge and understanding of: All workers are responsible for the WHS impact of their own actions. CASE STUDY 1: I NFECTIOUS PATIENT You are working in a residential aged care facility. We pay our respects to the people, the cultures and the elders past, present and emerging. Subscribe to receive events announcements and the latest industry news including Safety Soapbox, agriculture updates, DG digest, Major hazards matters, Provider Pulse, updates for health and safety reps, and communication from the WorkWell program. Have you done a first aid assessment of your business? Information for charities and associations operating in Western Australia. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. WorkSafe Victoria acknowledges Aboriginal and Torres Strait Victoria remains one of the safest places in the world to work today and we are proud of our role in this. An officer of aPCBUhas a duty to exercise due diligence to ensure a business or undertaking complies with their duties under themodel WHS laws. All workers are responsible forthe WHS impact of their own actions. The Duties of Directors and company officers (Section 144) have also been included along with new powers to obtain information (Section 9), the creation of ARREOs (Authorised Representatives of Employee Associations) (Sections 87-94), a duty to consult on matters affecting health and safety (Sections 35 and 36) and a significant change which References [1] WHS Act, section 4 definition of 'regulator'. Contact your regulatory authority for enquiries about: submitting application and notification forms. Health and safety representative powers Health and safety representative training PCBU obligations to HSRs Provisional improvement notices (PINs) You must manage the risksto your workers, so far as is reasonably practicable,when they areworking from home. OHS Management System. Understand the powers of an HSR and an employers' obligations. More specifically, workers must: take reasonable care for their own health and safety. 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. [7] Associations can be incorporated under state or . 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 If you need help please contact yourstate or territory work health and safety authority. 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. [5] WHS Act, section 32. CHC30113 WHS/OHS in the workplace. According to Section 72 of the OHS Act, the functions of the HSC include: Facilitating cooperation between the employees and the employer. The sooner, the better. Our role is to facilitate this - to listen to our clients, understand the goals and outcomes they would like to achieve and tailor an appropriate response. Question: Research the WHS authorities in your state or territory. Provide and maintain safe plant (machinery and equipment). WorkSafe Victoria. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. 54 Victoria Street, Carlton South VIC 3053 Phone: 03 9659 3511 Fax: 03 9639 0408 Employ or engage people suitably qualified in OHS to advise you on employees health and safety. WHS policies relating to hazard identification, risk assessment and control should indicate the roles and responsibilities each worker has in contributing to a safe work environment. For your employees, you must provide and maintain a working environment that is safe and free of risks to health, so far as is reasonably practicable. Capeview Mitre 10 Cape Paterson Rd, Wonthaggi Victoria 3995. Charities and associations. While at work, workers must take reasonable care for their own health and safety, and that of others who may be affected by the workers acts or omissions. Information on applications, requirements, training and registrations for regulated industries. Ensure the safe use, handling, storage or transport of plant or substances. We administer legislation that improves workplace health and safety, public safety, and deliver insurance protection and workers compensation services for Victorian employers and workers. 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. A worker is a person who carries out work for a small business or undertaking, including work as an employee or: The term work is not defined in the model WHS laws and has its ordinary meaning. compulsory marine pilotage/exempt masters, Harbour master directions, safety duty (so far as is reasonably practicable) obligations of port manager, port operator, vessel operators, offshore facility operators etc. HSRs have powers under the Work Health and Safety Act 2020. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. policies and services for people of LGBTIQ communities and their Different laws exist in each state and territory. We publish a wide range of resources covering many work health and safety topics. This code applies to all types of work and all workplaces covered by the WHS Act. The Commonwealth, states and territories regulate and enforce WHS laws. Review of the model Work Health and Safety lawsFinal Report. outcome-based objectives (eg, a reduction in the number of manual handling injuries). SWA is not a regulator and cannot advise you about WHS issues in the workplace. If it is not reasonably practicable to eliminate risks, they must be minimised so far as is reasonably practicable. You have additional specific obligations if your business involves: You also may have obligations to meet particular licensing, registration and certification requirements. The Commonwealth, states and territories regulate and enforce WHS laws. Access all our WHS resources including guides, videos and webinar recordings to help you understand the new requirements. Under the OSH law, employers have a responsibility to provide a safe workplace. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. 1 Malop Street harmonise, by providing more detailed information about WHS obligations and the duties that apply in relation to particular hazards. We know the best outcomes are achieved when workers and employers work together with injured workers, their families and treating health professionals. 1 Malop Street Last but not least, all workplaces should have a manager or managers appointed who are specifically concerned with WHS for example, a WHS manager, WHS advisor, human resources manager, etc. policies and services for people of LGBTIQ communities and their WorkSafe's ambition is to be a world leader in harm prevention and recovery after a workplace injury. provider and service applications and approvals. 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. The Victorian Government 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. Consult employees on matters that may directly affect their health, safety and welfare. These processes require that work safety risks have been identified and documented and that responsibility has been allocated to the correct authority within your organisation. For more information about the officers duty, including the meaning of due diligence, see theOfficer duties page. You may berequiredunderstate or territory lawto allow your workers to work from homedue to COVID-19. Ensure that the conduct of your business does not endanger other people (including visitors, the public and other workers). Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. Roles and responsibilities employers, occupiers and contractors . Driving heavy vehicles safely in poor road conditions. Have you evaluated your business activities to identify areas of increased risk? 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. We develop national policy and strategy about workers' compensation. Worksafe Victoria, Dangerous Goods transporter maintenance, training, licensing, inspection etc. We're prioritising the early identification of current and emerging occupational illness and disease such as asbestos and silicosis. families. Your WHS obligations You must put health and safety practices in place as soon as you start your business. APCBUhas a duty undermodelWHS laws to eliminate risks to health and safety of workers and other persons so far as is reasonably practicable. SWA is not a regulator and cannot advise you about WHS issues in the workplace.