Work Health and Safety Act 2011.
WorkSafe is the Western Australian Government agency responsible for the administration of the Occupational Safety and Health Act 1984. It is a division of the Department of Mines, Industry Regulation and Safety.
Occupational Health and Safety Act 2004
It requires duty holders to ensure provision of general workplace facilities for workers, first aid, emergency plans, training and instruction for workers and imposes duties regarding remote or isolated work and falling objects.
Workplace safety is mainly the responsibility of the employer. It's their duty to ensure the health, safety, and welfare of their staff. While some worksites come with greater risks than others, even the safest workplaces need all staff to help manage risks.
Every business is required by law to adhere to the current employment legislation. The main employment legislations are: Equality Act 2010. Health and Safety at Work Act 1974.
The Act aims to: secure the health, safety and welfare of employees and other people at work; protect the public from the health and safety risks of business activities; eliminate workplace risks at the source; and.
The purpose of the Work Health and Safety laws (WHS laws) is to protect the health, safety and welfare of employees, volunteers and other persons who are at, or come in to contact with a workplace. Different laws exist in each state and territory.
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.
Act – outlines your broad responsibilities. Regulations – set out specific requirements for particular hazards and risks, such as noise, machinery, and manual handling. Codes of practice – provide practical information on how you can meet the requirements in the Act and Regulations.
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 model WHS Act forms the basis of the WHS Acts that have been implemented in most jurisdictions across Australia. The main object of the Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces.
The OHS Act - Key Principles
- All people, workers and the general public, should have the highest level of protection against risks to health and safety.
- Those who manage the workplace are responsible for eliminating those risks.
- Employers should be proactive in eliminating risks in the workplace.
The Work Health and Safety Act 2011 came into effect on 1 January 2012 and the Work Health and Safety Regulation 2017 commenced on 1 September 2017. The WHS legislation applies to all workplaces in NSW, including mines.
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.
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.
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.
The OSH Act provides for the promotion, coordination, administration and enforcement of occupational safety and health in Western Australia.
- Identify hazards – find out what could cause harm.
- Assess risks if necessary – understand the nature of the harm that could be caused by the.
- Control risks – implement the most effective control measure that is reasonably practicable.
- Review control measures to ensure they are working as planned.
The Commonwealth and state and territory governments regulate WHS through their own laws, which are enforced by their WHS regulators. WHS regulators use a range of tools to improve WHS , including information, education, awareness and compliance campaigns.
