Workplace Health and Safety (WHS)

Workplace Health and Safety (WHS) in Australia is governed by harmonised Work Health and Safety laws adopted by most states and territories (with some variations in Victoria and Western Australia). The model WHS Act establishes duties for persons conducting a business or undertaking (PCBUs) and workers.

Primary duty of care (PCBU):

• Ensure, so far as is reasonably practicable, the health and safety of workers and others affected by the work
• Provide and maintain a safe work environment
• Provide and maintain safe plant and structures
• Ensure safe use, handling, and storage of substances
• Provide adequate facilities for worker welfare
• Provide information, training, instruction, or supervision
• Monitor worker health and workplace conditions

Key WHS concepts:

• Reasonably practicable: What a reasonable person would do considering the likelihood and severity of harm, available means to eliminate or minimise risk, and cost
• Hierarchy of controls: Eliminate, substitute, isolate, engineer, administrate, PPE
• Consultation: Duty to consult with workers on WHS matters
• Risk management: Systematic identification, assessment, and control of hazards

WHS obligations include:

• Incident notification to the regulator (serious injuries, illnesses, dangerous incidents)
• Record keeping of incidents and hazard management
• Worker consultation through health and safety representatives (HSRs) and committees
• Emergency planning and first aid provision
• Managing psychosocial hazards (increasingly emphasised)

Penalties for WHS breaches can be severe, including up to $3 million for a corporation for a Category 1 offence (reckless conduct causing serious risk) and imprisonment for individuals.