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Writer's pictureGabrielle Condon

WHS/OHS Management Systems Compliance

The owner of a business or undertaking (known as a PCBU, Person Conducting a Business or Undertaking), has primary responsibility and duty of care to provide and maintain a safe workplace, and safe systems of work as far as reasonably practicable.



They must comply with the health and safety legislation and regulations of their state or territory. They must provide safety training, supervision, instruction, and information for their work group’s health and safety.


They must consult with workers about health and safety and take into consideration the workers’ recommendations for improvements.  They must consult and collaborate with shared duty-holders for risk management and hazard control, such as on a construction site, or in a complex with other businesses.


Directors and Officers must exercise due diligence to ensure the PCBU is aware and compliant with their health and safety obligations. Directors and Officers must take reasonable steps to keep up to date knowledge of their business operations, and of health and safety matters in the workplace such as International and Australian Standards and Industry Standards, Codes of Practice, and legislations relevant to the workplace.

 

·       An approved Code of Practice, while not law, will be admissible in court as evidence of what should be known about a risk, hazard, or control. These include:  Confined Spaces, Demolitions Work, Excavation Work, Managing Electrical Risks in the Workplace, Managing the Risks of Falls in the Workplace, Managing the Risks of Plant in the Workplace, and Hazardous Manual Tasks (Manual Handling).  https://www.safeworkaustralia.gov.au/law-and-regulation/codes-practice

 

·       Australian and International Standards are not laws; There are no Australian Standards referenced in the model WHS laws, however, if there is a legislation or regulation that says you must conform with a Standard, it becomes mandatory. https://www.safeworkaustralia.gov.au/law-and-regulation/duties-under-whs-laws/australian-and-other-standards 

Examples:

o   AS 2397:1993 Safe use of lasers in the building and construction industry. (referred in WHS Reg 223)

o   and AS4801:2001 Occupational health and safety management systems (referred in WHS Regulation 5)


Employees, contractors and visitors to the workplace have a legal responsibility to follow reasonable instruction for their health and safety, and not cause harm to themselves or others by their acts or omissions. Employees and contractors must hold relevant licences, permits, and registrations for their work e.g., High-risk Work Licence LF to operate a forklift.

 

A compliant Work Health and Safety Management System will have in place:

Policies and Procedures which include:

·       Management commitment to WHS, (and Environment)

·       Consultation, 

·       Provision of training, instruction and information sharing,

·       Continuous improvement of risk management, including recording and reporting.

·       Monitoring and reviewing of processes, risk, hazards, and controls,

·       Emergency management, and

·       Injury management including Return to Work and Worker’s Compensation compliance.


On a regular basis there must be Workplace Inspections, for risk identification, consulted for solutions as appropriate, hazard controls put in place (e.g., fixed guarding on hazardous machinery to Australian Standards), and monitoring, and reviewing to ensure effective control of the hazards, and no further risk or hazard has been introduced.


Recording, and Reporting of systems and program results to management must be regularly undertaken, including incidents and injuries, near-misses, hazards, controls, and risk management of hazards such as excess noise, hazardous substances, and plant and equipment faults.  


Mandatory Reporting must be undertaken to the safety regulators where required for any breaches of the Legislation and Regulations, and for notifiable incidents. https://www.safeworkaustralia.gov.au/doc/incident-notification-information-sheet

In relevant workplaces, there must be Occupational Health Monitoring e.g., if the workers are required to frequently wear hearing protection, audiometric testing must be conducted in the first 3 months, and at least every 2 years following. An atmospheric noise monitor can be used to ascertain excess noise areas in your workplace.

Other examples of hazardous workplaces and processes where there are special provisions in WHS/OHS Regulations are Asbestos handling, Construction work, Major hazard facilities, and Mines 


Author: Gabrielle Condon - CC Safety 12 October 2024


If you would like to know how I can assist you build or improve your systems to be a functional and simple WHS /OHS Management System, check in here for a free chat https://calendly.com/gabe-ccsafety/15min


 

 

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