As part of this you must, so far as is reasonably practicable: The law requires employers to eliminate risks so far as is reasonably practicable. To do this you must: provide a safe work environment [4] WHS Act, section 31. They also share information, tools, and initiatives. Your WHS obligations You must put health and safety practices in place as soon as you start your business. We publish a wide range of resources covering many work health and safety topics. 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. Provide and maintain safe systems of work - for example, controlling entry to high-risk areas and providing systems to prevent falls from heights. acknowledges and pays respect to their Elders, past and present. WorkSafe's job is to protect every Victorian worker from harm. The policies should offer clear guidelines about the duties, consultation and documentation mandatory for each process regarding: References [1] WHS Act, section 4 definition of 'regulator'. A Airservices Ambulance Victoria (AV) Australian Defence Force (ADF) Australian Energy Market Operator (AEMO) Australian Government Department of Home Affairs Australian Maritime Safety Authority (AMSA) Australian Red Cross (ARC) Australian Transport Safety Bureau (ATSB) B SWA is not a regulator and cannot advise you about WHS issues in the workplace. Have you evaluated your business activities to identify areas of increased risk? acknowledges and pays respect to their Elders, past and present. We're all responsible for ensuring we maintain a safe and healthy environment. Mitigation Response (including Relief) Recovery Assurance and Learning The PCBU may be a corporation, partnership, unincorporated association, a self-employed person or a sole trader. As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. We publish a wide range of resources covering many work health and safety topics. ), 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. WHS publications and resources. Detail the WHS responsibilities relevant to each employees specific duties, and make them clear, relevant and easy to understand. The role of work health and safety committee members is to address and resolve WHS issues. We administer legislation that improves workplace health and safety, public safety, and deliver insurance protection and workers compensation services for Victorian employers and workers. List three things you can do to remain up to date with safe work practices. 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. Your basic rights include: the right to be shown how to work safely. [7] Associations can be incorporated under state or . We develop national policy and strategy about workers' compensation. 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 Is the first aid equipment in your workplace easy to find and access? Dual Australian and EU citizen, will relocate for the right role. Who is responsible for WHS? Give your employees information about workplace health and safety in appropriate languages. 54 Victoria Street, Carlton South VIC 3053 Phone: 03 9659 3511 Fax: 03 9639 0408 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. An overview of employer and employee responsibilities under the Occupational Health and Safety Act 2004. 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 HAZMAT transport requirements (e.g. below I have copied what I have found so far, but has taken too much time. 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. Link your managers pay and promotion to WHS performance in their area of responsibility. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. 4. For small businesses, officers are usually the owners or operators of the business. 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. Refer to the Safe Work AustraliaCOVID-19 - Working from homewebpage for specific guidance. This may include collecting, collating and/or analysing information for current and emerging risks and hazards before, during and after an incident, and providing consistent and meaningful impact assessment data through a coordinated process to decision makers, Engage with the lead coordinating agency to provide Workcover insurance advice, information and communication, Lead Response Support Agency (RSA) for the functional area of WorkSafe, Highlight employers in impacted areas who may require support with interim financial relief from premium payments and/or provision of information and advice or assisting their workers with submitting claims, Highlight injured workers in impacted areas who are currently in receipt of weekly benefits or other supports and facilitate other means of obtaining support if necessary, Ensure injured workers impacted by the emergency event are identified during the claims process to expedite provision of required supports and a timely response to their claim, Coordinate and collaborate with WorkSafe Agents, self-insurers and service providers as required to ensure continuity of service to the Victorian community. Everyone has a role in workplace health and safety. 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. Geelong VIC 3220. [3] WHS Act, section 154. Major Hazard Facilities, Dangerous Goods Code preventative requirements), supported by audits and inspection. We collect, analyse and publish data and information on work health and safety and workers' compensation. In the following table, name the relevant legislation's, regulations, codes and standards and how they impact on . 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. 3. To ensure workers and managers have the capabilities required to perform their jobs safety training need to be done. 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 Provide suitable facilities for welfare at any workplace you manage and control. Different laws exist in each state and territory. WorkSafe is reminding Victorian employers and workers of the shocking consequences of workplace harm after the loss of 61 lives last year. [4] WHS Act, section 157. The penalty is $300,000 or 5 years imprisonment or both. [2] WHS Act, section 156. 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. This information has not yet been updated to reflect the changes introduced by the amendments. 4.4 Establish processes to monitor achievement against the plan and update plans as required. WorkSafe Victoria. co-operate with reasonable policies and procedures. See our latest Key work health and safety statistics. 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. 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 the right to workers compensation. Objectives should be specific, achievable and measurable, including: Any manager who represents your company for WHS needs to have the appropriate level of authority and competence required by the legislation. WorkSafe Victoria acknowledges Aboriginal and Torres Strait Health and safety representative powers Health and safety representative training PCBU obligations to HSRs Provisional improvement notices (PINs) 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. 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. As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. We educate, support and guide Victorian workplaces to provide a safe environment for their workers. 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. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. If you need help please contact yourstate or territory work health and safety authority. 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. Productively resolve health and safety issues. We develop national policy and strategy about workers' compensation. We're making it easier for injured workers and employers to interact with us through better automation and online functionality. Employer Responsibilities. And we are supporting and empowering Victoria's network of Health and Safety representatives our eyes and ears on the ground. policies and services for people of LGBTIQ communities and their This is our promise to the Victorian community and the reason we exist. Capeview Mitre 10 Cape Paterson Rd, Wonthaggi Victoria 3995. prohibitions, material volume and selection, route and timing selection, transport mode, stakeholder engagement (e.g. Worksafe Victoria, Dangerous Goods transporter maintenance, training, licensing, inspection etc. This Roles and Responsibilities section can be leveraged to understand the roles and responsibilities of agencies in relation to emergency management (EM). The Commonwealth, states and territories regulate and enforce WHS laws. We use a range a tools and tactics to ensure workplaces are safer. makes, or participates in making, significant decisions that affect the whole, or a substantial part, of the business, or. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. acknowledges and pays respect to their Elders, past and present. 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. Business and employer responsibilities; Claims & insurance Use the enter or spacebar key to Expand "Claims & insurance" Claims & insurance. 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. We provide training in multiple locations around Melbourne's suburbs as well as across regional Victoria. HSRs have powers under the Work Health and Safety Act 2020. See our latest Key work health and safety statistics. 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. Visits by SafeWork inspectors to workplaces could be in response to: an incident a complaint Communication of WHS responsibilities can be done quickly and effectively when your organisation has efficient processes in place. Yet our role is more than just a funder of benefits. They specify how some duties under the WHS Act must be met and the procedural or administrative processes that must be in place. Regulators work collaboratively to set strategic priorities at both a national and local level. 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. . 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 is not a PCBU where they are engaged solely as a worker or officer of the business or undertaking. You must manage the risksto your workers, so far as is reasonably practicable,when they areworking from home. We provide a range of benefits including weekly income payments, hospital, medical and allied health treatment, personal and household help, common law benefits and lump sums for permanent impairment. The Victorian community services sector employs more than 60,000 people It allows duty-holders to determine their approach to achieving compliance with the Act. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. policies and services for people of LGBTIQ communities and their For information about who may be aPCBUand their duties see: Officers have specific duties under WHS laws. We are supporting workplaces to be mentally healthy, and reduce mental injury. 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. 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 1 Malop Street Usually: Examples of a business or undertaking include: See theGuide to Work Health and Safety for Volunteer Organisationsfor more information. This includes a good knowledge and understanding of: All workers are responsible for the WHS impact of their own actions. Provide and maintain safe systems of work - for example, controlling entry to high-risk areas and providing systems to prevent falls from heights. See our latest Key work health and safety statistics. Home Law and regulation WHS regulators and workers' compensation authorities contact information Information for charities and associations operating in Western Australia. WorkSafe Victoria 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. Our OHS Management System takes a coordinated and systematic approach to health and safety. 1 Malop Street the right to be consulted about safety in the workplace. policies and services for people of LGBTIQ communities and their . These managers should personally sign and endorse WHS policies and make sure their employees understand them. 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 can provide occupational health and safety advice of a general nature. A health and safety representative (HSR) is elected by their work group to represent workers in work health and safety (WHS) matters. WorkSafe Victoria is committed to safe and inclusive work places, Recovery Support Agency (RecSA) to BRV to coordinate approved state-led or supported clean-up of residential property. We pay our respects to the people, the cultures and the elders past, present and emerging. It is recommended to follow this checklist to minimize risk and prepare your workplace. 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. An employer can be a: You are an employee if you have a contract of employment or contract of training. 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. Geelong VIC 3220. WorkSafe Victoria is the WHS regulator for the state, administering acts and regulations related to WHS. 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, Guide to Work Health and Safety for Volunteer Organisations, What is a person conducting a business or undertaking, Guide to work health and safety for volunteer organisations, state or territory work health and safety authority, a person conducting a business or undertaking (PCBU), such as an employer, an officer, such as a business owner or CEO. What is name of the WHS authority that regulates work health and safety in Victoria? Supporting them to recover and, where possible, return to safe work. This includes inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. Under the OSH law, employers have a responsibility to provide a safe workplace. They also have a duty to make sure their work is carried out in line with WHS Management Procedures and any applicable legislation. Evaluate and maintain WHS. Consult employees on matters that may directly affect their health, safety and welfare. Being 'Safe and Well Every Day' is the promise WorkSafe Tasmania makes to the Tasmanian community. Seven reasons why strategically managing your health and safety processes will improve your bottom line. For assurance and learning activities, refer directly to the agency for further information. Information on applications, requirements, training and registrations for regulated industries. the right to say no to unsafe work. The Commonwealth, states and territories regulate and enforce WHS laws. In both capacities, employers and employees are at the heart of our service. 4.3 Identify potential barriers to improvement. Each Australian state has its own WHS authority that oversees workplace OHS and workplace first aid. List these and provide a brief description on thier role. has the capacity to significantly affect the business financial standing. Dont intentionally or recklessly interfere with or misuse anything at the workplace to support health, safety and welfare. a business is conducted with a view to make profit and will have some organisation, system and continuity. Participating agency for the following hazardous materials (including industrial waste) incident mitigation activities: Participating agency for the maritime emergency (non -search and rescue) mitigation activity: legislation and enforcement (e.g. The sooner, the better. If you need help please contact yourstate or territory work health and safety authority. They also share information, tools, and initiatives. You may berequiredunderstate or territory lawto allow your workers to work from homedue to COVID-19. Here is a summary of an employer's rights . We're prioritising the early identification of current and emerging occupational illness and disease such as asbestos and silicosis. Regulators work collaboratively to set strategic priorities at both a national and local level. Natural and Cultural Heritage Rehabilitation, workplace fatalities and life threatening or serious injury, transport of dangerous goods and chemicals and high consequence dangerous goods and explosives, use, storage and handling of dangerous goods and chemicals and high consequence dangerous goods, reduction/substitution of HAZMAT use (including inventory minimisation), HAZMAT storage design and maintenance (including transport design). CHC30113 WHS/OHS in the workplace. 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. We provide information for HSRs and workers interested in being a HSR about the role, HSR elections, support and guides, . Investigate, report and analyse information for current and emerging risks and hazards where relevant before, during and after incidents involving: Provide people and communities with information about risks, risk mitigation actions, and incidents/events through the development and publishing of guidance notes and alerts on a wide range of occupational health and safety and dangerous goods matters, Deliver public safety awareness activities where Worksafe Victoria has jurisdiction under the Equipment (Public Safety) Act 1994 and associated regulations, Participating agency for the gas supply disruption mitigation activity: legislative and regulatory framework, including Gas Industry Act 2001, Gas Safety Act 1997 and associated Gas Safety Cases, National Gas Law and National Gas Regulations, critical infrastructure resilience requirements under the EM Act 2013, Table 8: Participating agencies for mitigation. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. You can allocate WHS responsibility at the site level with a functional responsibility matrix. Do you have enough trained first aiders to cover unplanned staff absences? A worker can be prosecuted for failing to comply with their duties. This is designed as an overview of the standards required under WHS laws. As expected, the WHS Act provides for the election, powers and functions of Health and Safety Representatives (HSRs). families. 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. [5] Safe Work Australia, Interpretive guidelinemodel Work Health and Safety Actthe meaning of 'person conducting a business or undertaking'. In order to understand the training needed, analysis of the job and individual skills must be analysed. You will need to do one of the following: Answer the questions that were incorrect in writing. 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. harmonise, by providing more detailed information about WHS obligations and the duties that apply in relation to particular hazards. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. To find more information about these laws go to your state's WHS governing body. 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. To show youre serious about work safety right from the start, this information should be included in the position description of all employees.