Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. And we are supporting and empowering Victoria's network of Health and Safety representatives our eyes and ears on the ground. They also have a duty to make sure their work is carried out in line with WHS Management Procedures and any applicable legislation. You should look at your own situation and requirements before making any decisions. Visits by SafeWork inspectors to workplaces could be in response to: an incident a complaint Take reasonable care for your health and safety in the workplace. Islander people as the Traditional Custodians of the land and For assurance and learning activities, refer directly to the agency for further information. This is designed as an overview of the standards required under WHS laws. They also share information, tools, and initiatives. If youre a person conducting a business or undertaking (PCBU), you must manage the health and safety risks to your workers, so far as is reasonably practicable. Investigate, report and analyse information for current and emerging risks and hazards where relevant before, during and after incidents involving: Provide people and communities with information about risks, risk mitigation actions, and incidents/events through the development and publishing of guidance notes and alerts on a wide range of occupational health and safety and dangerous goods matters, Deliver public safety awareness activities where Worksafe Victoria has jurisdiction under the Equipment (Public Safety) Act 1994 and associated regulations, Participating agency for the gas supply disruption mitigation activity: legislative and regulatory framework, including Gas Industry Act 2001, Gas Safety Act 1997 and associated Gas Safety Cases, National Gas Law and National Gas Regulations, critical infrastructure resilience requirements under the EM Act 2013, Table 8: Participating agencies for mitigation. Consult employees on matters that may directly affect their health, safety and welfare. Roles and responsibilities employers, occupiers and contractors . If you have one or more employees, you are an employer. Licences and registrations. Duty of care for psychological health Notify the regulator Consultation and communication Ensure authorisations are in place Manage a HSR listing Set up work health and safety committees Support work health and safety entry permit holders Manage contractors Practical strategies Expand all Manage risk in the workplace Communication of WHS responsibilities can be done quickly and effectively when your organisation has efficient processes in place. We also hold negligent employers to account and enforce occupational health and safety laws if workers are subjected to risk or harm. HSRs have powers under the Work Health and Safety Act 2020. What is name of the WHS authority that regulates work health and safety in Victoria? The Commonwealth, states and territories regulate and enforce WHS laws. You have additional specific obligations if your business involves: You also may have obligations to meet particular licensing, registration and certification requirements. 4. To show youre serious about work safety right from the start, this information should be included in the position description of all employees. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. acknowledges and pays respect to their Elders, past and present. An officer can be prosecuted for failing to exercise due diligence. A workplace injury can significantly change a person's life. As a business owner you are legally accountable to manage your workplace health and safety (WHS). A person can have more than one duty under the model WHS laws. 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. 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. Whether a person conducts a business or undertaking is a fact to be determined in each case. A high-level overview of arrangements undertaken in EM are outlined in the interactive and functional PDF (including tables 1-7), with specific details of agency roles and responsibilities . WorkSafe is Victoria's workplace health and safety regulator. See our latest Key work health and safety statistics. [6] WHS Act . Does your workplace run emergency drills? policies and services for people of LGBTIQ communities and their the right to say no to unsafe work. We collect, analyse and publish data and information on work health and safety and workers' compensation. Refer to the Safe Work AustraliaCOVID-19 - Working from homewebpage for specific guidance. authority (if applicable) within the statutory reporting time frames. The description of WHS responsibilities must include the name, position and appropriate authority of all such personnel. 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 This may include collecting, collating and/or analysing information for current and emerging risks and hazards before, during and after an incident, and providing consistent and meaningful impact assessment data through a coordinated process to decision makers, Engage with the lead coordinating agency to provide Workcover insurance advice, information and communication, Lead Response Support Agency (RSA) for the functional area of WorkSafe, Highlight employers in impacted areas who may require support with interim financial relief from premium payments and/or provision of information and advice or assisting their workers with submitting claims, Highlight injured workers in impacted areas who are currently in receipt of weekly benefits or other supports and facilitate other means of obtaining support if necessary, Ensure injured workers impacted by the emergency event are identified during the claims process to expedite provision of required supports and a timely response to their claim, Coordinate and collaborate with WorkSafe Agents, self-insurers and service providers as required to ensure continuity of service to the Victorian community. Give your employees the necessary information, instruction, training or supervision to enable them to do their work in a way that is safe and without risks to health. Monitor your employees health (for example, provide hearing tests if they are exposed to high noise levels). [5] Safe Work Australia, Interpretive guidelinemodel Work Health and Safety Actthe meaning of 'person conducting a business or undertaking'. SWA is not a regulator and cannot advise you about WHS issues in the workplace. Regulators work collaboratively to set strategic priorities at both a national and local level. 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. Workers including employees, contractors, subcontractors, labour hire employees, outworkers,apprenticesor 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. 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, Guide to Work Health and Safety for Volunteer Organisations, What is a person conducting a business or undertaking, Guide to work health and safety for volunteer organisations, state or territory work health and safety authority, a person conducting a business or undertaking (PCBU), such as an employer, an officer, such as a business owner or CEO. . If you need help please contact yourstate or territory work health and safety authority. Our responsibilities include: issuing licences and registration for potentially dangerous work investigating workplace incidents where necessary, enforcing WHS, workers compensation and explosives laws in NSW. WorkSafe Victoria families. They also share information, tools, and initiatives. Logistics and Supply Chain Management, 18. WorkSafe Victoria Major Hazard Facilities, Dangerous Goods Code preventative requirements), supported by audits and inspection. provide and maintain safe and healthy workplaces for all workers provide and maintain a safe means of access to and from the workplace that is safe for workers provide adequate facilities for the welfare of workers at work and appropriate health, medical and first aid services WHS policies relating to hazard identification, risk assessment and control should indicate the roles and responsibilities each worker has in contributing to a safe work environment. This includes when they are working from home. Information on applications, requirements, training and registrations for regulated industries. Contact your regulatory authority for enquiries about: submitting application and notification forms. Provide and maintain safe plant (machinery and equipment). For small businesses, officers are usually the owners or operators of the business. WHS publications and resources. (road/rail/marine, pipeline) - management of dangerous goods in transport, storage and handling, legislation/regulation and enforcement (e.g. Your obligations Understand your OHS, workplace injury and rehabilitation obligations. What is the role of a SafeWork inspector? Geelong VIC 3220. Our aim is to keep all workplaces (including major emergency workplaces) healthy and safe, and to deliver high quality care and treatment when employees are injured. 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. References [1] WHS Act, section 4 definition of 'regulator'. the right to workers compensation. Worksafe Victoria, Dangerous Goods transporter maintenance, training, licensing, inspection etc. A health and safety representative (HSR) is elected by their work group to represent workers in work health and safety (WHS) matters. Last but not least, all workplaces should have a manager or managers appointed who are specifically concerned with WHS for example, a WHS manager, WHS advisor, human resources manager, etc. Productively resolve health and safety issues. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. To do this, we are choosing to focus our efforts and resources where we can make a meaningful difference to the health, safety and well-being of Victorian workers. Our COVID-19 response continues, as we educate workplaces on how to operate safely with the virus. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. We acknowledge the Aboriginal and Torres Strait Islander peoples as the first inhabitants and traditional custodians of the land on which we work and live. . policies and services for people of LGBTIQ communities and their 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. Review of the model Work Health and Safety lawsFinal Report. WorkSafe's job is to protect every Victorian worker from harm. Our OHS Management System takes a coordinated and systematic approach to health and safety. Provide suitable facilities for welfare at any workplace you manage and control. WorkSafe Victoria We develop national policy and strategy about workers' compensation. They also: give advice and information on WHS duties collect, analyse and publish statistics Skip to content. WorkSafe Victoria acknowledges Aboriginal and Torres Strait Table 17: Recovery coordination: Built environment. These do not replace the WHS laws but rather give an overview. Provide and maintain safe plant (machinery and equipment). We administer legislation that improves workplace health and safety, public safety, and deliver insurance protection and workers compensation services for Victorian employers and workers. List these and provide a brief description on thier role. [2] WHS Act, section 156. Its also important to remember that health and safety obligations dont stop at workers and contractors; they extend to anyone who might be exposed to WHS risk from onsite operations, such as members of the public, visitors, and volunteers. We publish a wide range of resources covering many work health and safety topics. Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. a business is conducted with a view to make profit and will have some organisation, system and continuity. WorkSafe is reminding Victorian employers and workers of the shocking consequences of workplace harm after the loss of 61 lives last year. Ensure the safe use, handling, storage or transport of plant or substances. WorkSafe can provide occupational health and safety advice of a general nature. On 22 September 2021 Part 7 of the Occupational Health and Safety Act 2004 was amended to enable HSRs to take photographs or measurements or make sketches or recordings in certain circumstances. As expected, the WHS Act provides for the election, powers and functions of Health and Safety Representatives (HSRs). Capeview Mitre 10 Cape Paterson Rd, Wonthaggi Victoria 3995. This responsibility extends to contractors for matters over which the employer has management. [4] WHS Act, section 31. As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. You must manage the risksto your workers, so far as is reasonably practicable,when they areworking from home. Work health and safety legislation requires you to: ensure safe systems of work ensure safe use and handling of goods and substances provide information, instruction, training and supervision to your workers to ensure they are safe assess risks and implement appropriate measures to manage and control them The Commonwealth, states and territories regulate and enforce WHS laws. These managers should personally sign and endorse WHS policies and make sure their employees understand them. In the following table, name the relevant legislation's, regulations, codes and standards and how they impact on . Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. Islander people as the Traditional Custodians of the land and We publish a wide range of resources covering many work health and safety topics. Is HR responsible for WHS? All jurisdictions, except Victoria, agreed to a national approach to comply with WHS laws during COVID-19. looking into potential health and safety risks in their workplace. See our latest Key work health and safety statistics. 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 community expects and deserves nothing less. Health and safety representative powers Health and safety representative training PCBU obligations to HSRs Provisional improvement notices (PINs) Allowing members to instigate, develop, and implement health and safety control measures. See WHS Act, section 34. Dont intentionally or recklessly interfere with or misuse anything at the workplace to support health, safety and welfare. We use a range a tools and tactics to ensure workplaces are safer. $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. We provide information for HSRs and workers interested in being a HSR about the role, HSR elections, support and guides, . Inspectors have powers to: enter, inspect and examine workplaces conduct investigations and enquiries take samples, photographs, records and measurements take possession of materials ask that the workplace be left undisturbed interview anyone at the workplace ask for assistance from anyone at the 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. 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. Natural and Cultural Heritage Rehabilitation, workplace fatalities and life threatening or serious injury, transport of dangerous goods and chemicals and high consequence dangerous goods and explosives, use, storage and handling of dangerous goods and chemicals and high consequence dangerous goods, reduction/substitution of HAZMAT use (including inventory minimisation), HAZMAT storage design and maintenance (including transport design). Islander people as the Traditional Custodians of the land and It is recommended to follow this, to minimize risk and prepare your workplace. You will need to do one of the following: Answer the questions that were incorrect in writing. WorkSafe Victoria is the statutory authority responsible for promoting and enforcing health and safety in Victorian workplaces. 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. For information about who may be aPCBUand their duties see: Officers have specific duties under WHS laws. We are also the workplace injury insurer. Employ or engage people suitably qualified in OHS to advise you on employees health and safety. As part of this you must, so far as is reasonably practicable: The law requires employers to eliminate risks so far as is reasonably practicable. Employers are required by legislation to provide a working environment that is safe and as free as possible from health risks, including psychological as well as physical risks. manufacture, importation, transportation, supply, storage, handling or use of dangerous goods, design, manufacture, importation, supply, erection or installation of plant, manufacture, importation or supply of substances, partnership, unincorporated association, franchising operation, or not-for-profit organisation. The modelWHS laws still apply if workers work somewhere other than their usual workplace,such asworking from home. Review of the model Work Health and Safety lawsFinal Report. WHSC consists of various staff members from departments within an organisation. 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. Victoria remains one of the safest places in the world to work today and we are proud of our role in this. We are addressing the most prevalent causes of fatalities, and the high risk industries where they happen. WorkSafe's strategy How we will reduce workplace harm and improve outcomes for injured workers.