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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; (road/rail/marine, pipeline) - management of dangerous goods in transport, storage and handling, legislation/regulation and enforcement (e.g. All workers are responsible forthe WHS impact of their own actions. Recovery Support Agency (RecSA) to BRV to coordinate approved state-led or supported clean-up of residential property. New South Wales, South Australia, Queensland, the Northern Territory, ACT, Tasmania, and now . Making WHS a concrete and measurable part of your employees work will have a very real impact. Participating agency for the following hazardous materials (including industrial waste) incident mitigation activities: Participating agency for the maritime emergency (non -search and rescue) mitigation activity: legislation and enforcement (e.g. You can also promote awareness throughout your organisation by featuring WHS matters in the personal objectives and annual assessment of all employees. 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. 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. 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. How WorkSafe applies the law in relation to Reasonably Practicable, Report an incident: Criteria for notifiable incidents, Occupational Health and Safety Act and Regulations, Information for occupiers and those who manage or control workplaces. As expected, the WHS Act provides for the election, powers and functions of Health and Safety Representatives (HSRs). WorkSafe Victoria is committed to safe and inclusive work places, As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. What is name of the WHS authority that regulates work health and safety in Victoria? . Here is a summary of an employer's rights . [7] Associations can be incorporated under state or . Victoria remains one of the safest places in the world to work today and we are proud of our role in this. WorkSafe's strategy How we will reduce workplace harm and improve outcomes for injured workers. According to Section 72 of the OHS Act, the functions of the HSC include: Facilitating cooperation between the employees and the employer. below I have copied what I have found so far, but has taken too much time. WorkSafe Victoria acknowledges Aboriginal and Torres Strait Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. Different laws exist in each state and territory. WorkSafe is reminding Victorian employers and workers of the shocking consequences of workplace harm after the loss of 61 lives last year. 1 Malop Street SWA is not a regulator and cannot advise you about WHS issues in the workplace. CHC30113 WHS/OHS in the workplace. Review of the model Work Health and Safety lawsFinal Report. 4. An overview of employer and employee responsibilities under the Occupational Health and Safety Act 2004. WorkSafe's ambition is to be a world leader in harm prevention and recovery after a workplace injury. 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 Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. Geelong VIC 3220. The Commonwealth, states and territories are responsible for implementing, regulating and enforcing WHS laws in their jurisdictions. A worker is a person who carries out work for a small business or undertaking, including work as an employee or: The term work is not defined in the model WHS laws and has its ordinary meaning. This advice may direct duty holders to the relevant provisions of any legislation administered by WorkSafe, and to any guidance material published by WorkSafe with respect to particular obligations. Resolving health and safety issues and discrimination against HSRs. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. We're all responsible for ensuring we maintain a safe and healthy environment. We provide information for HSRs and workers interested in being a HSR about the role, HSR elections, support and guides, . Dual Australian and EU citizen, will relocate for the right role. In both capacities, employers and employees are at the heart of our service. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. If your assessor marks any of your answers as incorrect, they will talk to you about resubmission. Back. This includes inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. $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. Under the OSH law, employers have a responsibility to provide a safe workplace. A crane company has been convicted and fined $400,000 after one man died and two others were injured during a concrete pour at a Box Hill construction site. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. . Review of the model Work Health and Safety lawsFinal Report. 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. Consultation information It is recommended to follow this, to minimize risk and prepare your workplace. Return to work. A workplace injury can significantly change a person's life. 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. 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. Monitor conditions at the workplace under your management and control. See our latest Key work health and safety statistics. We educate, support and guide Victorian workplaces to provide a safe environment for their workers. Examine workplace conditions to make sure they . Our OHS Management System takes a coordinated and systematic approach to health and safety. Have you evaluated your business activities to identify areas of increased risk? You will need to do one of the following: Answer the questions that were incorrect in writing. 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. 1 Malop Street a) WorkSafe Victoria, b) Victorian WorkCover c) Provide and maintain for employees a workplace that is safe and without risk to health. Line managers are responsible for a specific area of your company, including WHS within that area. Provide and maintain safe systems of work - for example, controlling entry to high-risk areas and providing systems to prevent falls from heights. You may berequiredunderstate or territory lawto allow your workers to work from homedue to COVID-19. We are addressing the most prevalent causes of fatalities, and the high risk industries where they happen. 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. looking into potential health and safety risks in their workplace. Question: Research the WHS authorities in your state or territory. WorkSafe Victoria is committed to safe and inclusive work places, Everything about mental health in one place. federal statutory authority. Detail the WHS responsibilities relevant to each employees specific duties, and make them clear, relevant and easy to understand. A volunteer association is a business or undertaking if it employs one or more paid workers to carry out work. The sooner, the better. WorkSafe's job is to protect every Victorian worker from harm. We do this by: making sure work health and safety laws are followed investigating work-related fatalities and serious injuries taking legal action when work health and safety laws are broken 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. Who is responsible for WHS? They also share information, tools, and initiatives. WHS regulations supplement the WHS Act, and the Acts of those states yet to . Answer the questions that were incorrect verbally. Your WHS obligations You must put health and safety practices in place as soon as you start your business. In both capacities, employers and employees are at the heart of our service. Productively resolve health and safety issues. [5] Safe Work Australia, Interpretive guidelinemodel Work Health and Safety Actthe meaning of 'person conducting a business or undertaking'. Dont intentionally or recklessly interfere with or misuse anything at the workplace to support health, safety and welfare. 4.4 Establish processes to monitor achievement against the plan and update plans as required. Driving heavy vehicles safely in poor road conditions. If you need help please contact yourstate or territory work health and safety authority. 54 Victoria Street, Carlton South VIC 3053 Phone: 03 9659 3511 Fax: 03 9639 0408 To improve outcomes for injured workers, we're identifying early those injured workers whose recovery or return to work is not going to plan, and providing targeted intervention and tailored support. A person is not a PCBU where they are engaged solely as a worker or officer of the business or undertaking. Monitor your employees health (for example, provide hearing tests if they are exposed to high noise levels). They can be the valuable resource to identify the hazards within the workplace. Overwhelmed by the plethora Acts, Regulations, and Codes? HSRs have powers under the Work Health and Safety Act 2020. It is recommended to follow this checklist to minimize risk and prepare your workplace. As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. Rights and responsibilities of employers According to WorkSafe Victoria the employer must provide a safe and healthy workplace for all workers and contractors. Information on applications, requirements, training and registrations for regulated industries. 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. the right to speak up about work conditions. Licences and registrations. Everything you need to know about worker's compensation insurance, whether you're an employer needing to insure your workers or a worker who's been injured at work. Information for charities and associations operating in Western Australia. Contact your regulatory authority for enquiries about: submitting application and notification forms. Employ or engage people suitably qualified in OHS to advise you on employees health and safety. acknowledges and pays respect to their Elders, past and present. policies and services for people of LGBTIQ communities and their We pay our respects to the people, the cultures and the elders past, present and emerging. List three things you can do to remain up to date with safe work practices. This responsibility extends to contractors for matters over which the employer has management. Duty holders should seek their own independent advice on how the requirements of WorkSafe-administered legislation should be applied. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. 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. Answer: Victorian WorkCover Authority's responsibilities include: help avoid workplace injuries occurring See WHS Act, section 34. The Act is designed to provide a broad framework for improving standards of workplace health and safety to reduce work-related injury and illness. Each Australian state has its own WHS authority that oversees workplace OHS and workplace first aid. We are also the workplace injury insurer. Table 17: Recovery coordination: Built environment. SWA is not a regulator and cannot advise you about WHS issues in the workplace. We use a range a tools and tactics to ensure workplaces are safer. The description of WHS responsibilities must include the name, position and appropriate authority of all such personnel. A worker can be prosecuted for failing to comply with their duties. An officer of aPCBUhas a duty to exercise due diligence to ensure a business or undertaking complies with their duties under themodel WHS laws. a business is conducted with a view to make profit and will have some organisation, system and continuity. makes, or participates in making, significant decisions that affect the whole, or a substantial part, of the business, or. 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. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. We work with industry and assist businesses to create a safe and healthy culture in Queensland places of work. 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 Understand the powers of an HSR and an employers' obligations. This code applies to all types of work and all workplaces covered by the WHS Act. 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. Geelong VIC 3220. And we are reviewing and improving every interaction we have with an injured worker from the beginning of the process, when they lodge a workers compensation claim, to how we support their recovery and safe return to work. secure the health, safety and welfare of employees and other people at work; Provide and maintain safe systems of work - for example, controlling entry to high-risk areas and providing systems to prevent falls from heights. Logistics and Supply Chain Management, 18. We are in a privileged position to make a difference, and help some of our community's most vulnerable. CASE STUDY 1: I NFECTIOUS PATIENT You are working in a residential aged care facility. If it is not reasonably practicable to eliminate risks, they must be minimised so far as is reasonably practicable. harmonise, by providing more detailed information about WHS obligations and the duties that apply in relation to particular hazards. 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. Give your employees information about workplace health and safety in appropriate languages. WorkSafe Victoria acknowledges Aboriginal and Torres Strait For small businesses, officers are usually the owners or operators of the business. 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. an undertaking will have some organisation, systems, and possible continuity, but are usually not profit-making or commercial. WorkSafe Victoria acknowledges Aboriginal and Torres Strait 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. We pay our respects to the people, the cultures and the elders past, present and emerging. For more information about the officers duty, including the meaning of due diligence, see theOfficer duties page. They also: give advice and information on WHS duties collect, analyse and publish statistics promote and support education and training 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. If you have one or more employees, you are an employer. 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 relation of WHS issues and systems in relation to that workplace, communication, consultation and negotiation skills, the WHS / OHS Act's and relevant regulations in their jurisdictions, the health and safety issue resolution process, the person conducting a business or undertaking (PCBU) duties under WHS legislation and the concept of reasonable practicability, hazard identification and risk assessment processes, the role and functions of health and safety representatives and representatives of registered worker organisations, 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, take reasonable care for their own health and safety, take reasonable care for the health and safety of others who may be affected by their actions in the workplace, co-operate if the PCBU needs them to do something to comply with a legislative requirement, not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare, inform their company of any allergies or medical conditions that may impact on their health and safety, How to capture business benefits from a culture of consultation, The Business Benefits of Managing Occupational Health & Safety. WorkSafe Victoria acknowledges Aboriginal and Torres Strait WorkSafe Victoria is the WHS regulator for the state, administering acts and regulations related to WHS. Skip to content. This includes inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. Agency roles and responsibilities are individually outlined in this section. OHS Management System. 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. They also share information, tools, and initiatives. 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 provide a range of benefits including weekly income payments, hospital, medical and allied health treatment, personal and household help, common law benefits and lump sums for permanent impairment. 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. The Crown is also a PCBU for the purposes of the WHS Act. The Commonwealth, states and territories regulate and enforce WHS laws. We provide training in multiple locations around Melbourne's suburbs as well as across regional Victoria. What to do before, during and after a natural disaster. This is designed as an overview of the standards required under WHS laws. We develop national policy and strategy about workers' compensation. the right to a fair and just workplace. The department 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. families. Role of the WHS regulators The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. Ensure that the conduct of your business does not endanger other people (including visitors, the public and other workers). WORKSAFE VICTORIA/ WORKING SAFELY IN COMMUNITY SERVICES 1 Community services workers play a vital role in caring for our people and helping to maintain a quality of life expected in Australian society, often in challenging and confronting circumstances. The modelWHS laws still apply if workers work somewhere other than their usual workplace,such asworking from home. Our COVID-19 response continues, as we educate workplaces on how to operate safely with the virus. You should look at your own situation and requirements before making any decisions. Islander people as the Traditional Custodians of the land and Whether a person conducts a business or undertaking is a fact to be determined in each case. This includes when they are working from home. 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 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. authority (if applicable) within the statutory reporting time frames. 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 Where required, participate in any established coordination networks to support operational response, Investigate the cause of workplace and work-related incidents including incidents in public places involving registered, licensed and prescribed equipment and at major public events where such equipment is involved in an incident including amusement structures and amusement rides. They also have a duty to make sure their work is carried out in line with WHS Management Procedures and any applicable legislation. prohibitions, material volume and selection, route and timing selection, transport mode, stakeholder engagement (e.g. 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. 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. The Commonwealth, states and territories regulate and enforce WHS laws. 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