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. 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 In the following table, name the relevant legislation's, regulations, codes and standards and how they impact on . , , , . Your WHS obligations You must put health and safety practices in place as soon as you start your business. Do you have enough trained first aiders to cover unplanned staff absences? This Roles and Responsibilities section can be leveraged to understand the roles and responsibilities of agencies in relation to emergency management (EM). Cooperate with your employer about any action they take to comply with the OHS Act or Regulations. If you have one or more employees, you are an employer. prohibitions, material volume and selection, route and timing selection, transport mode, stakeholder engagement (e.g. Everyone has a role in workplace health and safety. Yet our role is more than just a funder of benefits. Examine workplace conditions to make sure they . Provide suitable facilities for welfare at any workplace you manage and control. 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. These managers should personally sign and endorse WHS policies and make sure their employees understand them. A worker can be prosecuted for failing to comply with their duties. Does your workplace run emergency drills? Role of the WHS regulators The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. Recovery Support Agency (RecSA) to BRV to coordinate approved state-led or supported clean-up of residential property. The penalty is $150,000. families. 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. Under the OSH law, employers have a responsibility to provide a safe workplace. 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. families. the right to speak up about work conditions. 4.1 Determine WHS priorities in consultation with work group. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. Review of the model Work Health and Safety lawsFinal Report. A volunteer association is a business or undertaking if it employs one or more paid workers to carry out work. If you need help please contact yourstate or territory work health and safety authority. An overview of employer and employee responsibilities under the Occupational Health and Safety Act 2004. This includes a good knowledge and understanding of: All workers are responsible for the WHS impact of their own actions. The role of work health and safety committee members is to address and resolve WHS issues. Geelong VIC 3220. Everything about mental health in one place. We are in a privileged position to make a difference, and help some of our community's most vulnerable. Everything about Coronavirus (COVID-19) in one place. For example, use equipment properly, follow safe work policies and procedures and attend training. Find out about WHS laws that apply in each jurisdiction. 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. makes, or participates in making, significant decisions that affect the whole, or a substantial part, of the business, or. Keep information and records relating to health and safety of your employees. A workplace injury can significantly change a person's life. Visits by SafeWork inspectors to workplaces could be in response to: an incident a complaint Independent contractors may be employees. 1 Malop Street Take action to eliminate the hazard The Act is designed to provide a broad framework for improving standards of workplace health and safety to reduce work-related injury and illness. families. The WHS responsibilities apply to all employers and businesses, which includes any person conducting a business or undertaking (PCBU). We provide information for HSRs and workers interested in being a HSR about the role, HSR elections, support and guides, . Capeview Mitre 10 Cape Paterson Rd, Wonthaggi Victoria 3995. Consultation information SWA is not a regulator and cannot advise you about WHS issues in the workplace. WorkSafe's job is to protect every Victorian worker from harm. Answer the questions that were incorrect verbally. 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. Licences and registrations. Communication of WHS responsibilities can be done quickly and effectively when your organisation has efficient processes in place. Skip to content. acknowledges and pays respect to their Elders, past and present. policies and services for people of LGBTIQ communities and their 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. What is your answer so far or What have you done so far as an attempt to solve this question? Home Law and regulation WHS regulators and workers' compensation authorities contact information Productively resolve health and safety issues. Geelong VIC 3220. 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 . We develop national policy and strategy about workers' compensation. 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. 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. WorkSafe Victoria is the statutory authority responsible for promoting and enforcing health and safety in Victorian workplaces. We pay our respects to the people, the cultures and the elders past, present and emerging. You must also take reasonable care for the health and safety of others who may be affected by what you do or dont do. We work with industry and assist businesses to create a safe and healthy culture in Queensland places of work. 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. Here is a summary of an employer's rights . The penalty is $300,000 or 5 years imprisonment or both. WorkSafe Victoria 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. Link your managers pay and promotion to WHS performance in their area of responsibility. Health and safety inspectors can enter your workplace to check your compliance with Australian work health and safety laws. 3. 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. Your basic rights include: the right to be shown how to work safely. For small businesses, officers are usually the owners or operators of the business. 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. For assurance and learning activities, refer directly to the agency for further information. 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). 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. The goal of providing first aid is to prevent or reduce further health damage and to relieve suffering until the injured person can be . Have you done a first aid assessment of your business? In both capacities, employers and employees are at the heart of our service. Create a safe workplace Your industry Information and guidance about your industry and the kind of work you do. 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. You can also promote awareness throughout your organisation by featuring WHS matters in the personal objectives and annual assessment of all employees. below I have copied what I have found so far, but has taken too much time. Generally HSRs and deputy HSRs have the same functions and powers. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. We collect, analyse and publish data and information on work health and safety and workers' compensation. New South Wales, South Australia, Queensland, the Northern Territory, ACT, Tasmania, and now . More specifically, workers must: take reasonable care for their own health and safety. 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. 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. What is the role of a SafeWork inspector? [7] Associations can be incorporated under state or . Employer Responsibilities. 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. Making WHS a concrete and measurable part of your employees work will have a very real impact. Review of the model Work Health and Safety lawsFinal Report. Islander people as the Traditional Custodians of the land and 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. Information on applications, requirements, training and registrations for regulated industries. Volunteers are not employees. We publish a wide range of resources covering many work health and safety topics. 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. This includes inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. 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. 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. We provide training in multiple locations around Melbourne's suburbs as well as across regional Victoria. harmonise, by providing more detailed information about WHS obligations and the duties that apply in relation to particular hazards. Our job is to reduce workplace harm and improve outcomes for injured workers. Health and safety representative powers Health and safety representative training PCBU obligations to HSRs Provisional improvement notices (PINs) co-operate with reasonable policies and procedures. 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 Regulators work collaboratively to set strategic priorities at both a national and local level. (road/rail/marine, pipeline) - management of dangerous goods in transport, storage and handling, legislation/regulation and enforcement (e.g. We also hold negligent employers to account and enforce occupational health and safety laws if workers are subjected to risk or harm. Agency roles and responsibilities are individually outlined in this section. 4. A person can have more than one duty under the model WHS laws. | Learn more about Phillip Pavlidis's work . Different laws exist in each state and territory. They also: give advice and information on WHS duties collect, analyse and publish statistics promote and support education and training They can be the valuable resource to identify the hazards within the workplace. WorkSafe Victoria acknowledges Aboriginal and Torres Strait 3. 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. We pay our respects to the people, the cultures and the elders past, present and emerging. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. Provide and maintain safe plant (machinery and equipment). We are supporting workplaces to be mentally healthy, and reduce mental injury. 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. A person at a workplace can be prosecuted for failing to comply with their duties. Review of the model Work Health and Safety lawsFinal Report. Assist in identifying hazards. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. As a business owner you are legally accountable to manage your workplace health and safety (WHS). 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. And we are supporting and empowering Victoria's network of Health and Safety representatives our eyes and ears on the ground. . HSRs have important functions that include things like: representing workers in their work group in health and safety matters; monitoring health and safety measures implemented by their company; investigating complaints from their work group relating to health and safety; and. These do not replace the WHS laws but rather give an overview. If you need help please contact yourstate or territory work health and safety authority. has the capacity to significantly affect the business financial standing. 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. 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. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. 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. An officer can be prosecuted for failing to exercise due diligence. authority (if applicable) within the statutory reporting time frames. 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. 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. Understand the powers of an HSR and an employers' obligations. Who is responsible for WHS? policies and services for people of LGBTIQ communities and their If you need help please contact yourstate or territory work health and safety authority. List these and provide a brief description on thier role. Ensure the safe use, handling, storage or transport of plant or substances. This includes when they are working from home. WorkSafe Victoria Regulators work collaboratively to set strategic priorities at both a national and local level. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. This information has not yet been updated to reflect the changes introduced by the amendments. Being 'Safe and Well Every Day' is the promise WorkSafe Tasmania makes to the Tasmanian community. 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. The description of WHS responsibilities must include the name, position and appropriate authority of all such personnel. There is a range of responsibilities within any company from managements overall WHS responsibility to the day-to-day responsibility of individual workers. Have you evaluated your business activities to identify areas of increased risk? acknowledges and pays respect to their Elders, past and present. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. You should look at your own situation and requirements before making any decisions. www.worksafe.qld.gov.au . Ensure the safe use, handling, storage or transport of plant or substances. WHS regulations supplement the WHS Act, and the Acts of those states yet to . Under WHS Act, section 4, a 'volunteer' is defined as a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses). WorkSafe Victoria. WorkSafe is reminding Victorian employers and workers of the shocking consequences of workplace harm after the loss of 61 lives last year. You may berequiredunderstate or territory lawto allow your workers to work from homedue to COVID-19. We are also the workplace injury insurer. 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. We collect, analyse and publish data and information on work health and safety and workers' compensation. Islander people as the Traditional Custodians of the land and 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. 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. Back. The sooner, the better. We publish a wide range of resources covering many work health and safety topics. 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. 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; Is HR responsible for WHS? Seven reasons why strategically managing your health and safety processes will improve your bottom line. 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. DISC profile: The Coach. $400,000 fine after worker killed in crane tragedy, Transport company fined $75,000 after electric shock, WorkSafe Awards winners set the gold standard for safety. You can allocate WHS responsibility at the site level with a functional responsibility matrix. The information on this site is of a general nature only. [3] WHS Act, section 154. 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. looking into potential health and safety risks in their workplace. 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 The Crown is also a PCBU for the purposes of the WHS Act. They also share information, tools, and initiatives. Line managers are responsible for a specific area of your company, including WHS within that area. Know your duties - a tool for working safely. To achieve this, Agents should: provide proactive tailored support to injured workers, their families, employers and other persons affected by serious incidents. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. 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. All workers are responsible forthe WHS impact of their own actions. an undertaking will have some organisation, systems, and possible continuity, but are usually not profit-making or commercial. WorkSafe Victoria is committed to safe and inclusive work places, acknowledges and pays respect to their Elders, past and present. 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. 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. Mitigation Response (including Relief) Recovery Assurance and Learning Answer: Victorian WorkCover Authority's responsibilities include: help avoid workplace injuries occurring Business and employer responsibilities; Claims & insurance Use the enter or spacebar key to Expand "Claims & insurance" Claims & insurance. 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. Streamline your WHS processes with a strategic communication process. WorkSafe Victoria is committed to safe and inclusive work places, In order to understand the training needed, analysis of the job and individual skills must be analysed.