The model WHS laws have been implemented in the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania and the Commonwealth.
All workers are protected by the Act including: employees. contractors. subcontractors.
Acts set out the broad legal/policy principles. REGULATIONS, RULES, CODES etc. are commonly known as "subsidiary legislation" and require publishing in the Government Gazette to become legal. These are the guidelines that dictate how the provisions of the Act are applied.
We are New South Wales' workplace health and safety regulator.
- advice on improving work health and safety.
- provide licences and registration for potentially dangerous work.
- investigate workplace incidents and enforce work health and safety laws in NSW.
Workplace health and safety (WH&S) legislation requires workplaces to be, as far as is reasonably practicable, physically and mentally safe and healthy for all employees. This means steps must be taken to ensure that the working environment does not harm mental health or worsen an existing condition.
The Health and Safety at Work Act 1974 covers the health and safety standards that should be practised in the workplace. The Act states out the duties everyone has to take to protect themselves and others from workplace hazards.
Under Australian WHS laws your business must ensure the health and safety of your workers and not put the health and safety of other people at risk. To do this you must: provide safe ways of working. ensure safe use, handling and storage of machinery, structures and substances.
Follow these checklist steps to help ensure your workplace is legally compliant:
- Creating a risk management plan to aid in the identification and handling of risks and hazards.
- Regularly assess the work environment and procedures ensuring they comply with safety best practices.
When did health and safety start?
A workplace health and safety management system can minimise the risk of injury and illness from workplace operations. It is one of the most effective ways to make sure health and safety is embedded across your organisation and is a part of everything you do.
The Health and Safety at Work Act etc (HSWA) has been part of the UK legal system since 1974. It was developed in response to the particularly dangerous employment conditions that existed in factories and mines at the time.
Helping you keep your workplace safeOur responsibilities include issuing licences and registration for potentially dangerous work, investigating workplace incidents and where necessary, enforcing WHS, workers compensation and explosives laws in NSW.
The following summary prepared by employer body the Australian Industry Group looks at seven key elements of the Act.
- Duty of care.
- Meaning of workers.
- Obligations to consult, cooperate and coordinate with other duty holders.
- Obligations to consult with workers.
- Upstream duty holders.
- Right of entry.
- Due diligence.
The meaning of the word hazard can be confusing. Basically, a hazard is the potential for harm or an adverse effect (for example, to people as health effects, to organizations as property or equipment losses, or to the environment).
Occupational Health and Safety Act 2004
WorkSafe Victoriaenforce Victoria's occupational health and safety laws. provide reasonably priced workplace injury insurance for employers.
These responsibilities are set out in the Equal Opportunity Act 2010 and federal human rights laws (see above). In addition, employers have responsibilities to provide fair and safe working conditions under Victoria's Occupational Health and Safety Act 2004, as well as federal laws such as the: Fair Work Act 2009.
WorkSafe Victoria plays a critical role in the lives of Victorian employers and workers - as the state's health and safety regulator and as the manager of Victoria's workers compensation scheme. In both capacities, employers and workers are at the heart of our service.
Safe Work Australia is the national policy body responsible for the development and evaluation of the model WHS laws (the model laws), which are comprised of the: model WHS Act. model WHS Regulations. model Codes of Practice.
Risk assessment is a term used to describe the overall process or method where you: Identify hazards and risk factors that have the potential to cause harm (hazard identification). Analyze and evaluate the risk associated with that hazard (risk analysis, and risk evaluation).
While at work a worker must: take reasonable care for their own health and safety. take reasonable care for the health and safety of others. comply with any reasonable instructions, policies and procedure given by their employer, business or controller of the workplace.
This means making sure that workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace. Employers have duties under health and safety law to assess risks in the workplace.
Investigate potential hazards and dangerous occurrences at the workplace, complaints by an employee relating to health, safety and welfare at work, and examine causes of workplace accidents. employer must consult. Inspect the workplace. Represent employees in dealings with health and safety inspectors.