11. WHS regulations

Employer ignorance is not a defence 

Australia's Work Health and Safety (WHS) system, governed by the WHS Act 2011 and supporting regulations, ensures workplace safety through a clear set of duties for both employers and workers. Employers must ensure the health and safety of workers, consult on risks, and manage hazards, while workers are responsible for their own safety and cooperation in safety measures. 

The system includes national standards, state/territory variations, and enforcement mechanisms such as inspectors and penalties for non-compliance by employers. Consultation, training, and reporting mechanisms are crucial to maintaining workplace safety, with specific duties for health and safety representatives, incident reporting, and ensuring workers are properly trained.

Australia has a comprehensive regulatory system for Work Health and Safety (WHS) to ensure that workplaces are safe and that risks to health and safety are minimized. This system is governed by legislation, standards, and regulations at both the national and state/territory levels. 

Here's an outline of the key components of the WHS regulatory system that apply to large and small employers in Australia:

1. Work Health and Safety Act 2011 (WHS Act)

National Framework: The Work Health and Safety Act 2011 is the primary piece of legislation that outlines the general duties of care and responsibilities of all workplace participants in Australia. It provides the legal framework for ensuring the health, safety, and welfare of workers.

Key Provisions:

Duty of Care: Employers (called persons conducting a business or undertaking, or PCBUs) must ensure, so far as is reasonably practicable, the health and safety of their workers while they are at work.

Worker's Duty of Care: Workers must take reasonable care for their own health and safety and the health and safety of others who may be affected by their actions or omissions at work.

Consultation: PCBUs must consult with workers on health and safety matters, such as potential risks in the workplace and implementing control measures.

Risk Management: The Act requires PCBUs to identify hazards, assess risks, and implement controls to eliminate or minimize these risks.

Penalties: There are penalties for non-compliance with the WHS Act, including fines and, in extreme cases, imprisonment.

2. Work Health and Safety Regulations 2011 (WHS Regulations)

Detailed Requirements: The WHS Regulations provide more detailed requirements and practical guidance on how to comply with the WHS Act. They cover specific issues such as:

Managing Risks: Specific procedures for risk assessments, risk control, and safety management systems.

Workplace Health and Safety Consultations: How consultations should occur between employers and workers, including establishing health and safety representatives.

High-Risk Work: Regulations for industries or activities that pose a higher risk, such as construction or hazardous materials handling.

Health and Safety Representatives (HSRs): Procedures for the election and functions of HSRs, who represent workers' interests on health and safety matters.

Incident Notification: Requirements to notify relevant authorities of serious injuries, dangerous incidents, or fatalities.

3. National Model WHS Laws

The WHS Act and WHS Regulations form part of a national model of work health and safety laws, which was developed by Safe Work Australia to create consistency across Australian states and territories.

Safe Work Australia: Safe Work Australia is the national policy body responsible for developing and overseeing WHS policy and legislation. While it doesn't have enforcement powers, it plays a key role in setting national standards, codes of practice, and guidelines.

4. State and Territory Work Health and Safety Laws

Jurisdictional Variations: While the WHS Act and WHS Regulations are based on a model national framework, each state and territory in Australia administers its own work health and safety laws. The national WHS framework was adopted by most jurisdictions, with some minor variations.

State/Territory Regulators: Each jurisdiction has its own regulator responsible for WHS enforcement. They ensure compliance with WHS laws, investigate incidents, and provide guidance and resources to businesses. Key regulators include:

WorkSafe Victoria (Vic)

SafeWork NSW (NSW)

WorkSafe Queensland (QLD)

WorkSafe WA (WA)

SafeWork South Australia (SA)

WorkSafe ACT (ACT)

WorkSafe Tasmania (Tas)

Northern Territory WorkSafe (NT)

Differences: Some differences between state and territory laws may exist in areas such as enforcement procedures, penalties, and specific safety requirements, but the overarching principles are aligned with the national model WHS laws.

5. Safe Work Australia and National Standards

Safe Work Australia develops and maintains national model codes of practice and WHS standards, which guide employers and workers on how to manage specific health and safety risks in the workplace. These codes of practice are not legally binding but are considered best practice. Employers can use them to help demonstrate compliance with the law.

Examples of Codes of Practice:

• Manual Handling
• Hazardous Chemicals
• Construction Work
• Workplace Bullying
• Working with Asbestos
• Managing Risks of Workplace Stress

6. Consultation, Cooperation, and Coordination

Duty of Consultation: PCBUs (employers) must consult, cooperate, and coordinate with other PCBUs, especially when multiple businesses are involved in the same workplace or project.

Health and Safety Committees: Employers with a certain number of employees (varies by state or territory) may be required to establish a health and safety committee to oversee health and safety management, policies, and procedures.

Health and Safety Representatives (HSRs): In some workplaces, employees may elect HSRs to represent their interests in health and safety matters. HSRs have powers to request work stoppages or direct unsafe work practices to be ceased.

7. Workplace Inspections and Investigations

Inspectors: WHS regulators appoint inspectors to monitor compliance, investigate incidents, and conduct workplace inspections. Inspectors can issue notices to rectify non-compliance, stop dangerous work, and enforce penalties.

Notices: Common enforcement actions include:

Improvement Notices: Issued when an inspector finds that a workplace is not complying with WHS laws and requires corrective action.

Prohibition Notices: Issued when an inspector believes that there is an immediate risk to health and safety, requiring work to stop until the hazard is removed or controlled.

Penalties: Employers can face significant fines or penalties if found guilty of breaching WHS laws. In extreme cases, individuals (such as senior managers) may face imprisonment.

8. Duties and Responsibilities in the WHS System

Persons Conducting a Business or Undertaking (PCBUs): PCBUs have the primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers, contractors, visitors, and others in the workplace.

Workers: Workers have a duty to take reasonable care for their own health and safety and to cooperate with their employer’s efforts to comply with WHS laws.

Other Persons: People who visit workplaces (e.g., customers, contractors) also have a responsibility to ensure their actions do not put others at risk.

Incident Reporting and Notifications

Serious Injury or Incident: Under WHS law, employers must report serious injuries or incidents to the relevant state or territory authority. This includes fatalities, serious injuries, or dangerous occurrences (e.g., fire, explosion, or exposure to hazardous chemicals).

Notification Process: The regulator should be notified as soon as practicable, and detailed information about the injury or incident should be provided.

10. Training and Competency

WHS Training: Employers must ensure that workers are provided with adequate training, supervision, and resources to work safely. This includes induction training and ongoing WHS education for workers, supervisors, and managers.

The regulatory system for work health and safety in Australia is designed to protect workers from harm and ensure that employers meet their legal obligations to create a safe and healthy work environment. The system includes national and state-based laws, regulations, codes of practice, and enforcement mechanisms. Employers, workers, and other stakeholders must all work together to ensure compliance with these laws and minimize risks in the workplace.

For further information on major new law reforms refer to topic 3. 

If you need more specific information on WHS regulations for a particular industry or jurisdiction, it's advisable to consult the relevant state or territory regulator or Safe Work Australia.

This section taken from: https://www.safeworkaustralia.gov.au/law-and-regulation/whs-regulators-and-workers-compensation-authorities-contact-information