What is WHS?
Work Health and Safety (WHS) is the practice of protecting people from injury and illness (or death) while at work.
WHS stands for Work Health & Safety.
WHS is broad and evolving and can include:
- Hazard Identification and Risk Assessment: Identifying potential hazards in the workplace and assessing the risks.
- Risk Control: Implementing safety measures to protect workers and others.
- Safe Systems of Work: Developing and implementing procedures and protocols to ensure safe working practices.
- Information, Training, and Instruction: Providing workers with the necessary information, training, and instructions to perform their tasks safely.
- Consultation and Cooperation: Ensuring workers and businesses owners work together to address WHS issues.
- Monitoring and Review: Continuously monitoring WHS practices and performance.
- Leadership Commitment: Ensuring that leadership is committed to WHS and sets a positive example for the rest of the organization.
WHS Examples
WHS practices can vary from industry to industry. However, the following are some examples of typical WHS practices.
Why “Work” Health and Safety?
You may have heard of “Occupational” Health and Safety (OHS) or “Workplace” Health and Safety. In Australia, we use the term “Work” Health and Safety because the focus is to protect people whenever they are performing “work”.
This includes whether they are performing work outside their workplace, e.g. travelling for work. It also includes people conducting “work” outside their general occupational, e.g. volunteers and work experience.
WHS Legislation in Australia
Harmonisation
Australia is a federation, which means it is a collection of states that together form a national federation or commonwealth. The constitution gives some powers to federal government (e.g. immigration, defence) while other powers are given to states (e.g. education and healthcare). Work Health and Safety is regulated at a state level. This means each state has the powers to write its own WHS legislation and each state has its own WHS regulator.
The Problem
This was a problem because businesses that operated in various states were subject to different rules and regulations. This made doing business difficult.
The Solution
In 2008 the states agreed to “harmonise” legislation, and a national body called Safe Work Australia was established to write the new legislation that would be adopted by the states. Safe Work Australia finished writing the legislation in 2011 and since then more and more states have adopted the new legislation.
All states in Australia are on “Harmonized” legislation except Victoria. The harmonized legislation is known as the Work Health and Safety (WHS) Act, with accompanying WHS Regulations.
Links to state-specific regulators (and Safe Work Australia):
- Safe Work Australia (Model WHS laws) <https://www.safeworkaustralia.gov.au/law-and-regulation/model-whs-laws>
- Comcare (Scheme and legislation – Comcare) <https://www.comcare.gov.au/scheme-legislation>
- QLD (Work health and safety laws) <https://www.worksafe.qld.gov.au/laws-and-compliance/work-health-and-safety-laws>
- NSW (Legislation – SafeWork NSW) <https://www.safework.nsw.gov.au/legal-obligations/legislation>
- ACT (Acts and regulations) <https://www.worksafe.act.gov.au/laws-and-compliance/acts-and-regulations>
- SA (Legislation) <https://www.safework.sa.gov.au/resources/legislation>
- WA (Work health and safety legislation) <https://www.commerce.wa.gov.au/worksafe/work-health-and-safety-legislation>
- NT (The legislative framework – NT WorkSafe) <https://worksafe.nt.gov.au/forms-and-resources/bulletins/the-legislative-framework>
- TAS (Acts and Regulations) <https://worksafe.tas.gov.au/topics/laws-and-compliance/acts-and-regulations>
- VIC (Occupational Health and Safety Act and regulations) <https://www.worksafe.vic.gov.au/occupational-health-and-safety-act-and-regulations>
The WHS Legislative Framework
The legislative framework in workplace health and safety refers to the laws, regulations, codes and standards that govern wok health and safety.
WHS Act
The Act covers:
- general legal principles
- duties of certain parties
- powers and functions of the regulator, inspectors, HSRs and union representatives
- offences and their penalties
WHS Regulations
The Regulations provide more guidance on how to comply with duties under the Act and also provides specific guidance for certain WHS issues / areas, for example:
- First Aid
- Emergency Response
- Manual Handling
- Confined Spaces
WHS Codes of Practice
Codes of Practice aren’t classified as legislation, however compliance with the code of practice can help show that your company has met its duties under the act and regulations. Generally, compliance with a code of practice is mandatory unless your company can prove its system provides a level of protection above and beyond what is outlined within the code. In Victoria, these are referred to as “compliance codes”, and include:
- Managing risks of plant in the workplace
- Managing electrical risks in the workplace
- Managing psychosocial hazards at work
Australian Standards and Other Guidance Materials
Australian Standards cover everything from processes and systems to equipment and components. Australian Standards are managed by Standards Australia and are available for purchase from their website https://www.standards.org.au/.
In practical terms, Australian Standards are more relevant for designers, constructors and importers or professionals in specific industries like “Test and Tag” or “Crane Maintenance”. However, as a safety professional there are some important standards you should be aware of, such as:
- AS/NZS ISO 45001:2018 – Occupational health and safety management systems – Requirements with guidance for use
- ASNZS 1067.1 – Eye and Face Protection
- ASNZS 1319 – Safety Signs for the Occupational Environment
- ASNZS 1657 – Fixed Platforms, Walkways, Stairways and Ladders
Other Guidance Materials
Some examples:
- Materials published by the Regulator (other than the Act, Regs and Codes)
- Manufacturers Specifications, Operator Manuals and Maintenance Schedules
- Industry Guidelines
Other Relevant Legislation
Some examples:
- Worker’s Compensation
- Mines and Quarrying
- Oil, Petroleum and Gas
- Electrical Safety
- Transport
- Public Safety
Key WHS Duties
Primary Duty of Care (s19 WHS Act)
The primary duty of care belongs to the Person Conducting Business or Undertaking (PCBU). This means that businesses (or business owners) are responsible for providing:
Duties of Officers (s27 WHS Act)
Officers are people who make or participates in making decisions that affect the whole or a substantial part of the business, e.g.:
- Chief Executive Officers (CEOs)
- Chief Financial Officers (CFOs)
Legally, officers must exercise due diligence to ensure the PCBU complies with their duties. Due diligence can be achieved by:
Duties of Workers (s28 WHS Act)
Workers also have legal duties, these are to take care of themselves, take and others and follow policies, procedures and instructions.
FAQs
What is WHS?
WHS stands for Work Health and Safety. It refers to the laws, regulations, and procedures intended to protect the health, safety, and welfare of people at work.
Who is responsible for WHS in the workplace?
Both employers and employees have responsibilities. Employers must provide a safe work environment, while employees must take care of themselves, others and follow safety policies and insturctions.
What are the key objectives of WHS?
The main objectives include protecting workers from harm, ensuring fair representation and consultation, promoting WHS practices, providing education and training, and ensuring compliance with WHS laws.
What are the key areas of WHS management?
Key areas include hazard identification and risk assessment, safe systems of work, information and training, consultation and cooperation, participation and representation, monitoring and review, leadership commitment, and continual improvement.
How can hazards be identified in the workplace?
Hazards can be identified through regular inspections, employee reports, risk assessments, and reviewing incident records.
What should I do if I notice a hazard at work?
Report it immediately to your supervisor or WHS representative. Follow any interim safety measures until the hazard is addressed.
What kind of training is required for WHS?
Training should cover general WHS awareness, specific hazards related to the job, emergency procedures, and the use of personal protective equipment (PPE).
How often should WHS policies be reviewed?
WHS policies should be reviewed regularly, especially after any incidents, changes in legislation, or significant changes in the workplace.
Did You Know?
In 1911, the state of Victoria introduced the first significant piece of legislation aimed at protecting workers, known as the Factories and Shops Act. This act was a pioneering step, focusing on improving working conditions in factories and shops, including regulations on ventilation, sanitation, and working hours. Fast forward to the 1970s, a pivotal moment in WHS history occurred with the Robens Report in the UK, which influenced many countries, including Australia. The report advocated for a more proactive and self-regulatory approach to workplace safety, emphasizing the importance of employer and employee cooperation.
In 2011, a century after the first act, Australia introduced the model WHS laws, aiming to create a consistent national approach to workplace safety. These laws have significantly improved safety standards and reduced workplace injuries across the country.
Articles and Further Reading
- What is a PCBU (Spire Safety) <https://spiresafety.com.au/resources/what-is-a-pcbu/>
- Key WHS Requirements for Construction Site Safety (Spire Safety) <https://spiresafety.com.au/resources/requirements-construction-site-safety/>
- Contractor Management (Spire Safety) <https://spiresafety.com.au/resources/contractor-management-procedures-for-the-australian-workplace/>
- Due diligence (Safe Work NSW) <https://www.safework.nsw.gov.au/legal-obligations/employer-business-obligations/due-diligence>