The Commonwealth, states and territories regulate and enforce WHS laws. They also share information, tools, and initiatives. acknowledges and pays respect to their Elders, past and present. If you need help please contact yourstate or territory work health and safety authority. cooperate with any reasonable policy or procedure of thePCBUrelating to health or safety at the workplace that has been notified to workers. 4.1 Determine WHS priorities in consultation with work group. 3. Capeview Mitre 10 Cape Paterson Rd, Wonthaggi Victoria 3995. the right to be consulted about safety in the workplace. importer that is on-selling the imported goods, owner-driver of their own transport or courier business, fast food franchisor and the operator of the fast-food outlet (the franchisee), self-employed person operating their own business, government department or government agency. To find more information about these laws go to your state's WHS governing body. WorkSafe's job is to protect every Victorian worker from harm. 1 Malop Street Seven reasons why strategically managing your health and safety processes will improve your bottom line. They also: give advice and information on WHS duties collect, analyse and publish statistics promote and support education and training OHS structure and responsibilities. promote and share information, tools and initiatives, including with other regulators. 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. SWA is not a regulator and cannot advise you about WHS issues in the workplace. Review of the model Work Health and Safety lawsFinal Report. 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. families. Islander people as the Traditional Custodians of the land and As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. Take reasonable care for your health and safety in the workplace. We publish a wide range of resources covering many work health and safety topics. Dahlsens Albury-Wodonga 58 - 98 Bennu Circuit, Thurgoona NSW 2640. the right to say no to unsafe work. We pay our respects to the people, the cultures and the elders past, present and emerging. Whether a person conducts a business or undertaking is a fact to be determined in each case. For information about who may be aPCBUand their duties see: Officers have specific duties under WHS laws. 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 We lead the way with a clear set of policies and procedures. employee of a labour hire company placed with a host employer, comply, so far as they are reasonably able, with any reasonably instruction that is given by thePCBUto comply with the. Consult employees on matters that may directly affect their health, safety and welfare. 4.2 Develop a WHS action plan taking account of priorities and training needs. Understand the powers of an HSR and an employers' obligations. You must manage the risksto your workers, so far as is reasonably practicable,when they areworking from home. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. If you need help please contact yourstate or territory work health and safety authority. Resolving health and safety issues and discrimination against HSRs. This advice may direct duty holders to the relevant provisions of any legislation administered by WorkSafe, and to any guidance material published by WorkSafe with respect to particular obligations. 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. 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. We publish a wide range of resources covering many work health and safety topics. We develop national policy and strategy about workers' compensation. CHC30113 WHS/OHS in the workplace. Our job is to reduce workplace harm and improve outcomes for injured workers. Employer Responsibilities. Dual Australian and EU citizen, will relocate for the right role. We pay our respects to the people, the cultures and the elders past, present and emerging. ), 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 person is not a PCBU where they are engaged solely as a worker or officer of the business or undertaking. 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. WHS publications and resources. They also: give advice and information on WHS duties collect, analyse and publish statistics Ensure the safe use, handling, storage or transport of plant or substances. Licences and registrations. Islander people as the Traditional Custodians of the land and . Rights and responsibilities; Psychosocial hazard resources; Q. Quad bikes; R. Risk assessment; Remote or isolated work; S. Sedentary work; Sexual harassment; Slips, trips and . See our latest Key work health and safety statistics. Positions that should have their WHS responsibilities defined may include: corporate management such as the managing director and project director; superintendent or representative of the principal on site; Regulators work collaboratively to set strategic priorities at both a national and local level. We collect, analyse and publish data and information on work health and safety and workers' compensation. To do this, we are choosing to focus our efforts and resources where we can make a meaningful difference to the health, safety and well-being of Victorian workers. 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. www.worksafe.qld.gov.au . Information for charities and associations operating in Western Australia. Access all our WHS resources including guides, videos and webinar recordings to help you understand the new requirements. Geelong VIC 3220. List three things you can do to remain up to date with safe work practices. Your basic rights include: the right to be shown how to work safely. policies and services for people of LGBTIQ communities and their Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. 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. According to Section 72 of the OHS Act, the functions of the HSC include: Facilitating cooperation between the employees and the employer. 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 To do this you must: provide a safe work environment 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. [5] Safe Work Australia, Interpretive guidelinemodel Work Health and Safety Actthe meaning of 'person conducting a business or undertaking'. You have additional specific obligations if your business involves: You also may have obligations to meet particular licensing, registration and certification requirements. 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. Geelong VIC 3220. Take action to eliminate the hazard This is our promise to the Victorian community and the reason we exist. Consultation information WorkSafe Victoria 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. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. . They also have a duty to make sure their work is carried out in line with WHS Management Procedures and any applicable legislation. Information on applications, requirements, training and registrations for regulated industries. A 'person conducting a business or undertaking' (PCBU) has health and safety duties under the WHS Act. We develop national policy and strategy about workers' compensation. 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. To show youre serious about work safety right from the start, this information should be included in the position description of all employees. Home Law and regulation WHS regulators and workers' compensation authorities contact information A worker can be prosecuted for failing to comply with their duties. (road/rail/marine, pipeline) - management of dangerous goods in transport, storage and handling, legislation/regulation and enforcement (e.g. WorkSafe Victoria is committed to safe and inclusive work places, To request an inspector email whs.help@comcare.gov.au or call us on 1300 366 979. . 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. A person at a workplace can be prosecuted for failing to comply with their duties. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. What is the role of a SafeWork inspector? Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. an undertaking will have some organisation, systems, and possible continuity, but are usually not profit-making or commercial. 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. We pay our respects to the people, the cultures and the elders past, present and emerging. Each Australian state has its own WHS authority that oversees workplace OHS and workplace first aid. Logistics and Supply Chain Management, 18. 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. WHS regulations supplement the WHS Act, and the Acts of those states yet to . 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. WorkSafe Victoria acknowledges Aboriginal and Torres Strait 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. This code applies to all types of work and all workplaces covered by the WHS Act. They can be the valuable resource to identify the hazards within the workplace. [6] Acts Interpretation Act 1901, section 2C(1). Role statement - WorkSafe Victoria (Victorian WorkCover Authority), Agency Roles and Responsibilities alignment to Victorian Preparedness Framework, Victorian Emergency Management Institute (VEMI), Emergency Management Operational Communications Program, Foundations of Emergency Management (Class 1 Emergencies), Disaster Recovery Funding Arrangements (DRFA), Disaster Recovery Toolkit for Local Government, Emergency management capability in Victoria, Natural Disaster Resilience Grants Scheme (NDRGS), Volunteer Emergency Services Equipment Program (VESEP), Community Resilience Framework for Emergency Management, Learning as One Victorias page for lessons, 10. It does not take your specific needs or circumstances into consideration. If your assessor marks any of your answers as incorrect, they will talk to you about resubmission. authority (if applicable) within the statutory reporting time frames. Create a safe workplace Your industry Information and guidance about your industry and the kind of work you do. Have you done a first aid assessment of your business? 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. This is designed as an overview of the standards required under WHS laws. Health and safety inspectors can enter your workplace to check your compliance with Australian work health and safety laws. I am really struggling to find the answer to the following question - relating to the industry standards - please help. Link your managers pay and promotion to WHS performance in their area of responsibility. Know your duties - a tool for working safely. 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 An officer of aPCBUhas a duty to exercise due diligence to ensure a business or undertaking complies with their duties under themodel WHS laws. 54 Victoria Street, Carlton South VIC 3053 Phone: 03 9659 3511 Fax: 03 9639 0408 The role of work health and safety committee members is to address and resolve WHS issues. To achieve this, Agents should: provide proactive tailored support to injured workers, their families, employers and other persons affected by serious incidents. We provide training in multiple locations around Melbourne's suburbs as well as across regional Victoria. See WHS Act, section 34. outcome-based objectives (eg, a reduction in the number of manual handling injuries). Refer to the Safe Work AustraliaCOVID-19 - Working from homewebpage for specific guidance. SWA is not a regulator and cannot advise you about WHS issues in the workplace. the likelihood of the hazard or risk occurring, the harm that would result from the hazard or risk, what a person knows (or should know) about the hazard or risk, and ways to eliminate or reduce it, availability and suitability of ways to eliminate or reduce the hazard or risk, cost of eliminating or reducing the hazard or risk. 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). OHS Management System. This includes a good knowledge and understanding of: All workers are responsible for the WHS impact of their own actions. The Commonwealth, states and territories are responsible for implementing, regulating and enforcing WHS laws in their jurisdictions. 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. Contact your regulatory authority for enquiries about: submitting application and notification forms. We educate, support and guide Victorian workplaces to provide a safe environment for their workers. We collect, analyse and publish data and information on work health and safety and workers' compensation. 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. Visits by SafeWork inspectors to workplaces could be in response to: an incident a complaint Islander people as the Traditional Custodians of the land and And we are supporting and empowering Victoria's network of Health and Safety representatives our eyes and ears on the ground. What to do before, during and after a natural disaster. Review of the model Work Health and Safety lawsFinal Report. Want to capture tangible business benefits from the culture of consultation youve created? 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. You may berequiredunderstate or territory lawto allow your workers to work from homedue to COVID-19. They also: give advice and information on WHS duties, promote and support education and training, help duty holders, workers and representatives consult and coordinate on WHS matters. Everything about mental health in one place. Health and safety representative powers Health and safety representative training PCBU obligations to HSRs Provisional improvement notices (PINs) The description of WHS responsibilities must include the name, position and appropriate authority of all such personnel. WorkSafe Victoria is committed to safe and inclusive work places, An officer can only comply with their duty by taking an active and inquisitive role in WHS. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. The policies should offer clear guidelines about the duties, consultation and documentation mandatory for each process regarding: consult with workers, and health and safety representatives (HSRs) if you have them, about health and safety issues that may directly affect them. 1 Malop Street HAZMAT transport requirements (e.g. 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 . 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 Evaluate and maintain WHS. For example, use equipment properly, follow safe work policies and procedures and attend training. Find out how to meet your duties under work health and safety (WHS) laws. WorkSafe can provide occupational health and safety advice of a general nature. Duty holders should seek their own independent advice on how the requirements of WorkSafe-administered legislation should be applied. 4.4 Establish processes to monitor achievement against the plan and update plans as required. Usually: Examples of a business or undertaking include: See theGuide to Work Health and Safety for Volunteer Organisationsfor more information. Mitigation Response (including Relief) Recovery Assurance and Learning The modelWHS laws still apply if workers work somewhere other than their usual workplace,such asworking from home. Worksafe Victoria plays a critical role in the lives of Victorian employers and employees as the states health and safety regulator and as the manager of Victorias workers compensation scheme. 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. We pay our respects to the people, the cultures and the elders past, present and emerging. 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. Give your employees information about workplace health and safety in appropriate languages. Role of the WHS regulators The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. We also hold negligent employers to account and enforce occupational health and safety laws if workers are subjected to risk or harm. We know the best outcomes are achieved when workers and employers work together with injured workers, their families and treating health professionals. 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. List these and provide a brief description on thier role. Is HR responsible for WHS? Yet our role is more than just a funder of benefits. 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. 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. As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. the right to speak up about work conditions. We collect, analyse and publish data and information on work health and safety and workers' compensation. 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. References [1] WHS Act, section 4 definition of 'regulator'. A workplace injury can significantly change a person's life. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. It is recommended to follow this, to minimize risk and prepare your workplace. 1 Malop Street WorkSafe Victoria acknowledges Aboriginal and Torres Strait We're prioritising the early identification of current and emerging occupational illness and disease such as asbestos and silicosis. Monitor your employees health (for example, provide hearing tests if they are exposed to high noise levels). Here is a summary of an employer's rights . If you have one or more employees, you are an employer. We are supporting workplaces to be mentally healthy, and reduce mental injury. Dont intentionally or recklessly interfere with or misuse anything at the workplace to support health, safety and welfare. Volunteers are not employees. Review of the model Work Health and Safety lawsFinal Report. acknowledges and pays respect to their Elders, past and present. You can allocate WHS responsibility at the site level with a functional responsibility matrix. Monitor conditions at the workplace under your management and control. A health and safety representative (HSR) is elected by their work group to represent workers in work health and safety (WHS) matters. 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 Its also important to remember that health and safety obligations dont stop at workers and contractors; they extend to anyone who might be exposed to WHS risk from onsite operations, such as members of the public, visitors, and volunteers. 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. Duties under WHS laws You have duties under WHS laws to keep people in the workplace safe if you're: a person conducting a business or undertaking ( PCBU ), such as an employer an officer, such as a business owner or CEO worker or other person in the workplace. 1. 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. Do you have enough trained first aiders to cover unplanned staff absences? 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. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. In both capacities, employers and employees are at the heart of our service. The information on this site is of a general nature only. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. policies and services for people of LGBTIQ communities and their We provide information for HSRs and workers interested in being a HSR about the role, HSR elections, support and guides, . [7] Associations can be incorporated under state or . 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. WorkSafe Victoria is the WHS regulator for the state, administering acts and regulations related to WHS. This is a short summary of key employer responsibilities: Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act. Roles and responsibilities employers, occupiers and contractors . 1 Malop Street WorkSafe Victoria Geelong VIC 3220. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. This Roles and Responsibilities section can be leveraged to understand the roles and responsibilities of agencies in relation to emergency management (EM). 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. 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.

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