Australian FAQ

A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code.

Under the Occupational Safety and Health Act 1984 (the OSH Act),  If there is a code of practice about a risk, you must either do what the code says; or adopt and follow another way that gives the same level of protection against the risk.

Yes. Under the WHS acts and legislations at self-employed person is considered to be a PCBU. Under the OH&S Acts and legislation, a self-employed person must comply with the requirements as if that person were an employer.

Person conducting a business or undertaking (PCBU) – a person conducting a business or undertaking alone or with others, whether or not for profit or gain. A PCBU can be a sole trader (for example a self-employed person), each partner within a partnership, company, unincorporated association or government department of public authority (including a municipal council).

An elected member of a municipal council acting in that capacity is not a PCBU.

A ‘volunteer association’ that does not employ anyone is not a PCBU. If it becomes an employer it also becomes a PCBU for purposes of the WHS Act.

A ‘strata title body corporate’ that does not employ anyone is not a PCBU, in relation to any common areas (it is responsible for) used only for residential purposes. For further information on the meaning of PCBU please refer to the interpretive guideline on PCBUs available at www.safeworkaustralia.gov.au 

Under the work health and safety (WHS) laws your organisation it must ensure, so far as is reasonably practicable, the health and safety of all of its workers, including volunteers. This means that the organisation must provide the same protections to its volunteer workers as it does to its paid workers. The protection covers the physical safety and mental health of all workers, including volunteers.

This primary duty on an organisation is qualified by ‘so far as is reasonably practicable’. This means the organisation does not have to guarantee that no harm will occur, but must do what is reasonably able to be done to ensure health and safety. If your organisation is run by volunteers, this is a factor that will be taken into account in determining what is reasonably practicable for the organisation to do in any given circumstance.

Safe Work Australia provides guidance on the interpretation and application of the term ‘reasonably practicable’ in considering the standard of health and safety that a person conducting a business or undertaking (the duty-holder) is expected to meet under the Work Health and Safety (WHS) Act and Regulations.

‘Reasonably practicable’ is used to qualify duties to ensure health and safety and certain other duties in the WHS Act and Regulation. This standard and what is required to meet it in relation to a health and safety duty are set out in section 18.

In this context, reasonably practicable means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters including:

(a) the likelihood of the hazard or the risk concerned occurring

(b) the degree of harm that might result from the hazard or the risk

(c) what the person concerned knows, or ought reasonably to know, about the hazard or risk, and ways of eliminating or minimising the risk

(d) the availability and suitability of ways to eliminate or minimise the risk, and

(e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. 

Regulation 34 states that a duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.

Person conducting a business or undertaking (PCBU) – a person conducting a business or undertaking alone or with others, whether or not for profit or gain. A PCBU can be a sole trader (for example a self-employed person), each partner within a partnership, company, unincorporated association or government department of public authority (including a municipal council).

An elected member of a municipal council acting in that capacity is not a PCBU.

A ‘volunteer association’ that does not employ anyone is not a PCBU. If it becomes an employer it also becomes a PCBU for purposes of the WHS Act.

A ‘strata title body corporate’ that does not employ anyone is not a PCBU, in relation to any common areas (it is responsible for) used only for residential purposes. For further information on the meaning of PCBU please refer to the interpretive guideline on PCBUs available at www.safeworkaustralia.gov.au 

Section 47: The WHS Act requires the PCBU to consult, so far as is reasonably practicable, with workers who carry out work for them who are (or are likely to be) directly affected by a work health and safety matter.

Section 48: If the workers are represented by a health and safety representative, the consultation must involve that representative

 ‘Consultation’ includes:

• sharing information with workers
• giving them a reasonable opportunity to express their views and raise issues
• giving them a reasonable opportunity to contribute to the decision-making process
• considering the views of the workers
• advising workers of the outcome of the consultation.

 Some of the matters that should be discussed with workers include

• identifying risks to work safety at the workplace
• measures to be taken to manage risks, such as permit to work systems, SWMS, WHS management plans
• adequacy of facilities
• proposing changes that may directly affect work safety
• policies and procedures, such as site safety rules and incident notification.

While at work, a worker must—

1. take reasonable care for his or her own health and safety; and
2. take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and
3. comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and
4. cooperate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.

When serious injuries, accidents, and certain types of diseases occur at a workplace, it must be reported to WorkSafe. There are no exemptions for the self-employed, family business and small business. Reporting must be done by the relevant employer whenever these occur in connection with their business.

Work related deaths and certain types of injuries and diseases must be reported to WorkSafe. Failure to report could lead to prosecution. Reporting must be done by the relevant employer whenever these occur in connection with their business.

Relevant employers include the self-employed, principal contractors and labour hire agents. In some cases, WorkSafe will require notification of the same reportable death, injury or disease by different ‘relevant employers’. Reporting is also required, in some circumstances, if a worker suffers death, injury or disease at employer provided residential premises (as described under s23G(2) of the Occupational Safety and Health Act).

The types of injuries that must be reported are:

• a fracture of the skull, spine or pelvis;
• a fracture of any bone in the arm (other than in the wrists or hand) or in the leg (other than a bone in the ankle or foot);
• an amputation of an arm, a hand, finger, finger joint, leg, foot, toe or toe joint;
• the loss of sight of an eye; and
• any injury other than the above which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred.

Types of diseases that must be reported are:

• infectious diseases: tuberculosis, viral hepatitis, Legionnaires’ disease and HIV, where these diseases are contracted during work involving exposure to human blood products, body secretions, excretions or other material which may be a source of infection; and
• occupational zoonoses: Q fever, anthrax, leptospiroses and brucellosis, where these diseases are contracted during work involving the handling of, or contact with, animals, animal hides, skins, wool, hair, carcases or animal waste products.

Notification of injuries and diseases must be made using the appropriate notification form.

• Notification of injury – Form 1 
• Notification of disease – Form 2

Yes. In accordance with AS/NZS 1891.1 & AS/NZS 1891.4 and inspection must be carried out by a competent person.

 The following items shall be subjected to inspection by the operator of each item before and after each use to ensure that it is in a serviceable condition:

(a) Personal equipment—harnesses, lanyard assemblies, connectors, fall-arrest devices.

(b) Common use equipment—ropes, slings, fall-arrest devices, mobile attachment devices together with any other items in Item (a) above that are provided for common use.

 Inspection shall be by sight and touch. It shall include the opening of any equipment where access for daily inspection is provided, to ensure that internal components are in satisfactory condition. This requirement includes the opening or removal of temporary rope or line protectors, to enable rope to be properly inspected. Operation of the locking mechanism on fall-arrest devices shall also be checked.

 It should be impressed upon operators that their lives depend upon the continued efficiency and durability of their equipment and that a proper inspection at each time of use is their first line of defence against the hazards of faulty equipment.

WHS- Form 28 – Anchor Strap Inspection

WHS- Form 29 – Harness Inspection

WHS- Form 30 – Adjustable Rope Line Inspection 

WHS- Form 31 – Shock Absorbing Lanyard Inspection

WHS- Form 35 – Horizontal Safety Line Inspection

In accordance with AS/NZS 1891.1 & AS/NZS 1891.4 inspections must be carried as listed in the table below:

 * Or more frequently if recommended by the manufacturer or supplier

An employer has a legal obligation to address alcohol and other drug issues in the workplace through the ‘duty of care’ provisions in the WHS and OHS Acts. These provisions require employers to take all reasonable or ‘practicable’ steps to ensure the health and safety of all workers and any other people who may be affected by the actions of the employer, such as contractors or clients.

 Drugs and Alcohol Policy

 A Hazard is something that has the potential to cause harm

According to the Occupational Health and Safety legislation, employers are required to assess a work site for existing and potential hazards before work begins.

The Hazard Identification and Assessment process will impact many other elements of the Health and Safety Management System. As a result, it is important to take the time necessary to do the job thoroughly. Hazard assessment data can also be used to develop other elements of a Health and Safety Management System, including:

Incident Investigations: hazard assessment and control data can be used to help determine if a system failure was the cause of an incident

Emergency Response: use hazard assessments to help pinpoint areas that will require Emergency Response Plans.

Work Site Inspections: use hazard assessment data as the basis for inspection checklists.

Training and Orientation: use hazard assessment data to determine what worker training needs to be done, and to build the content of employee orientations and job-specific training.

Occupational hazards are divided into two categories:

Health Hazards: A health hazard may produce serious and immediate (acute) health effects or cause long-term (chronic) health problems. All or part of the body may be affected. Someone with an occupational illness may not recognize the symptoms immediately. For example, noise-induced hearing loss is often not noticed until it is well advanced.

Safety Hazards: A safety hazard is anything that could endanger the immediate safety of an employee, for example, a pinch point, crush, or burn hazard.

Hazard Categories Both health and safety hazards can be classified into the following categories:

Physical hazards, including lifting, repetitive motions, slipping, machinery, working at heights, loud noise, extreme temperatures, etc.

Chemical Hazards, including exposure to chemicals, dusts, fumes, mists and vapours.

Biological Hazards, including exposure to viruses, fungi, bacteria, moulds, body fluids, and sewage.

Psychological Hazards, including violence, stress and fatigue.

The terms “hazard” and “risk” are often used interchangeably (and incorrectly). A hazard is a situation, condition, or behaviour that has the potential to cause an injury or loss. For example, ice on a walkway, oven mitts with burn holes, or an unlabelled bottle of liquid are hazards. In contrast, risk is the chance of injury, damage, or loss and is usually expressed as a probability. For example, the risk of slipping on the icy walkway is high.

 A hazard report form is used when workers have identified a potential hazard that cannot be simply and immediately fixed.

Some hazards are significant enough to present a situation of imminent danger. The Occupational Health and Safety Act requires that workers stop performing work if they believe that an imminent danger to their health and safety exists. Imminent danger in relation to any occupation means a danger that is not normal for that occupation, or a danger under which a person engaged in that occupation would not normally carry out the work

There are many sources of hazards in a workplace, however, the three most likely sources that should be considered are:

Workplace Environment: Factors such as facility layout, ventilation and lighting, walking surfaces, temperature and other variables can all be sources of hazards.

Equipment and Materials: Some equipment, tools and materials used in the job process are inherently hazardous, and others become hazardous over time due to inadequate maintenance, storage, or disposal.

People: Lack of training, poor communication, rushing, fatigue, and other factors may cause at-risk behaviours.

Usually relating to ‘Officers’ of the PCBU, but it is handy for all to pay attention to Section 27(5) of the Act, which defines ‘due diligence’ as:

  …taking reasonable steps:

1. to acquire and keep up‑to‑date knowledge of work health and safety matters; and 
2. to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and
3. to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and
4. to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and
5. to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act; and
6. to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

Examples:  For the purposes of paragraph (e), the duties or obligations under this Act of a person conducting a business or undertaking may include:

1. reporting notifiable incidents, consulting with workers.
2. ensuring compliance with notices issued under this Act.
3. ensuring the provision of training and instruction to workers about work health and safety.
4. ensuring that health and safety representatives receive their entitlements to training.