Streamline your WHS processes with a strategic communication process. 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. www.worksafe.qld.gov.au . 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. Assist in identifying hazards. This is our promise to the Victorian community and the reason we exist. Omar works in Home and Community Care in a rural location. Overwhelmed by the plethora Acts, Regulations, and Codes? Mitigation Response (including Relief) Recovery Assurance and Learning 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. Our OHS Management System takes a coordinated and systematic approach to health and safety. policies and services for people of LGBTIQ communities and their Your WHS obligations You must put health and safety practices in place as soon as you start your business. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. 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. WorkSafe Victoria 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. If you have one or more employees, you are an employer. And we are supporting and empowering Victoria's network of Health and Safety representatives our eyes and ears on the ground. WorkSafe Victoria Provide suitable facilities for welfare at any workplace you manage and control. You must also take reasonable care for the health and safety of others who may be affected by what you do or dont do. References [1] WHS Act, section 4 definition of 'regulator'. 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. 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. Your obligations Understand your OHS, workplace injury and rehabilitation obligations. 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. To find more information about these laws go to your state's WHS governing body. 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. Back. They also share information, tools, and initiatives. the right to a fair and just workplace. 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. Role of the WHS regulators 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. You should look at your own situation and requirements before making any decisions. WorkSafe is Victoria's workplace health and safety regulator. 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. Skip to content. In both capacities, employers and employees are at the heart of our service. 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. Usually: Examples of a business or undertaking include: See theGuide to Work Health and Safety for Volunteer Organisationsfor more information. 4. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. We publish a wide range of resources covering many work health and safety topics. Monitor conditions at the workplace under your management and control. A 'person conducting a business or undertaking' (PCBU) has health and safety duties under the WHS Act. Find out about WHS laws that apply in each jurisdiction. co-operate with reasonable policies and procedures. 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 . 3. Business and employer responsibilities; Claims & insurance Use the enter or spacebar key to Expand "Claims & insurance" Claims & insurance. the right to appropriate safety equipment. 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 Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. Islander people as the Traditional Custodians of the land and WorkSafe Victoria is committed to safe and inclusive work places, 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 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 CHC30113 WHS/OHS in the workplace. 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. We are supporting workplaces to be mentally healthy, and reduce mental injury. We use a range a tools and tactics to ensure workplaces are safer. WorkSafe Victoria is the statutory authority responsible for promoting and enforcing health and safety in Victorian workplaces. (road/rail/marine, pipeline) - management of dangerous goods in transport, storage and handling, legislation/regulation and enforcement (e.g. 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. federal statutory authority. WHSC consists of various staff members from departments within an organisation. They also have a duty to make sure their work is carried out in line with WHS Management Procedures and any applicable legislation. an undertaking will have some organisation, systems, and possible continuity, but are usually not profit-making or commercial. OHS Management System. Provide and maintain safe systems of work - for example, controlling entry to high-risk areas and providing systems to prevent falls from heights. Table 17: Recovery coordination: Built environment. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. 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. CASE STUDY 1: I NFECTIOUS PATIENT You are working in a residential aged care facility. Take reasonable care for your health and safety in the workplace. Home Law and regulation WHS regulators and workers' compensation authorities contact information Give your employees information about workplace health and safety in appropriate languages. 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. Information for businesses about their rights and responsibilities under consumer laws in Western Australia. 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. If you need help please contact yourstate or territory work health and safety authority. We provide training in multiple locations around Melbourne's suburbs as well as across regional Victoria. WorkSafe Victoria We use a range a tools and tactics to ensure workplaces are safer. We are in a privileged position to make a difference, and help some of our community's most vulnerable. Recovery Support Agency (RecSA) to BRV to coordinate approved state-led or supported clean-up of residential property. Supporting them to recover and, where possible, return to safe work. What is name of the WHS authority that regulates work health and safety in Victoria? It is recommended to follow this checklist to minimize risk and prepare your workplace. You can also promote awareness throughout your organisation by featuring WHS matters in the personal objectives and annual assessment of all employees. 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. acknowledges and pays respect to their Elders, past and present. Major Hazard Facilities, Dangerous Goods Code preventative requirements), supported by audits and inspection. 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. [6] Acts Interpretation Act 1901, section 2C(1). Your basic rights include: the right to be shown how to work safely. As expected, the WHS Act provides for the election, powers and functions of Health and Safety Representatives (HSRs). 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. 54 Victoria Street, Carlton South VIC 3053 Phone: 03 9659 3511 Fax: 03 9639 0408 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; A person can have more than one duty under the model WHS laws. policies and services for people of LGBTIQ communities and their Our COVID-19 response continues, as we educate workplaces on how to operate safely with the virus. 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. We pay our respects to the people, the cultures and the elders past, present and emerging. WorkSafe's job is to protect every Victorian worker from harm. The sooner, the better. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. families. 4.2 Develop a WHS action plan taking account of priorities and training needs. They specify how some duties under the WHS Act must be met and the procedural or administrative processes that must be in place. 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. 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. A volunteer association is a business or undertaking if it employs one or more paid workers to carry out work. Everything about Coronavirus (COVID-19) in one place. 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). The Victorian community services sector employs more than 60,000 people In both capacities, employers and employees are at the heart of our service. To reduce workplace harm, we are targeting the 5000 Victorian workplaces that need the most support and attention - where harm is, or is likely to, occur. manufacture, importation, transportation, supply, storage, handling or use of dangerous goods, design, manufacture, importation, supply, erection or installation of plant, manufacture, importation or supply of substances, partnership, unincorporated association, franchising operation, or not-for-profit organisation. We are addressing the most prevalent causes of fatalities, and the high risk industries where they happen. They also share information, tools, and initiatives. Under the OSH law, employers have a responsibility to provide a safe workplace. 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. Logistics and Supply Chain Management, 18. 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. below I have copied what I have found so far, but has taken too much time. The Commonwealth, states and territories regulate and enforce WHS laws. secure the health, safety and welfare of employees and other people at work; Here is a summary of an employer's rights . This information has not yet been updated to reflect the changes introduced by the amendments. For example, use equipment properly, follow safe work policies and procedures and attend training. This code applies to all types of work and all workplaces covered by the WHS Act. If it is not reasonably practicable to eliminate risks, they must be minimised so far as is reasonably practicable. Want to capture tangible business benefits from the culture of consultation youve created? the right to workers compensation. consult with workers, and health and safety representatives (HSRs) if you have them, about health and safety issues that may directly affect them. A health and safety representative (HSR) is elected by their work group to represent workers in work health and safety (WHS) matters. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. Each Australian state has its own WHS authority that oversees workplace OHS and workplace first aid. Keep information and records relating to health and safety of your employees. We're all responsible for ensuring we maintain a safe and healthy environment. 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 . Being 'Safe and Well Every Day' is the promise WorkSafe Tasmania makes to the Tasmanian community. All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. The penalty is $150,000. We pay our respects to the people, the cultures and the elders past, present and emerging. 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. . We develop national policy and strategy about workers' compensation. Create a safe workplace Your industry Information and guidance about your industry and the kind of work you do. 4.1 Determine WHS priorities in consultation with work group. SWA is not a regulator and cannot advise you about WHS issues in the workplace. We're making it easier for injured workers and employers to interact with us through better automation and online functionality. 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. Have you evaluated your business activities to identify areas of increased risk? Allowing members to instigate, develop, and implement health and safety control measures. the right to speak up about work conditions. The goal of providing first aid is to prevent or reduce further health damage and to relieve suffering until the injured person can be . a business is conducted with a view to make profit and will have some organisation, system and continuity. provide and maintain safe and healthy workplaces for all workers provide and maintain a safe means of access to and from the workplace that is safe for workers provide adequate facilities for the welfare of workers at work and appropriate health, medical and first aid services An overview of employer and employee responsibilities under the Occupational Health and Safety Act 2004. 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. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. A workplace safety pioneer, a stable hand who has returned to work after suffering a serious spinal cord injury and a company that reshaped its approach to preventing mental injury in the workplace were among the winners at the 2022 WorkSafe Awards. According to Section 72 of the OHS Act, the functions of the HSC include: Facilitating cooperation between the employees and the employer. 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. They can be the valuable resource to identify the hazards within the workplace. An officer of aPCBUhas a duty to exercise due diligence to ensure a business or undertaking complies with their duties under themodel WHS laws. 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. Cooperate with your employer about any action they take to comply with the OHS Act or Regulations. Provide and maintain safe plant (machinery and equipment). We provide information for HSRs and workers interested in being a HSR about the role, HSR elections, support and guides, . The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. Independent contractors may be employees. We pay our respects to their Elders past and present, and honour their cultural, spiritual and educational practices. 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. This responsibility extends to contractors for matters over which the employer has management. 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. , , , . WorkSafe Victoria is committed to safe and inclusive work places, The role of work health and safety committee members is to address and resolve WHS issues. 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. We know the best outcomes are achieved when workers and employers work together with injured workers, their families and treating health professionals. 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). 1 Malop Street It allows duty-holders to determine their approach to achieving compliance with the Act. See WHS Act, section 34. 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.