Tutorials

2021 semester 1

ELECTRICAL ENGINEERING GRANVILLE

Tutorial number 1 Lecture date February 2021

Unit name and Implement and monitor energy

Unit code UEENEEE117A release number sector OHS policies and
procedures Release 1

T1 Provisions of relevant occupational health and safety legislation

Commonwealth, state and territory legislation
Because Australia is a federation, WHS is the responsibility of the states and territories.
However, Commonwealth law covers the WHS of Commonwealth worker’s and certain
categories of workers, such as those on Australian registered ships and on offshore drilling rigs
in Commonwealth controlled areas.
In some states WHS law is divided further into coverage of mining operations, petroleum
facilities and other workplace*s, with in some cases separate administrative authorities, for
example, with mines safety legislation and general workplace legislation administered in
separate regulatory authorities. In most states and territories there is also separate legislation
covering dangerous goods that apply generally in all workplaces.

Duties of care
WHS legislation is based on an expectation that organisations will have systems in place for
identifying and managing the risks that may arise from their undertakings and PCBU’s have the
general “duty of care” to not cause harm to their workers and others who may enter or
otherwise be affected by their workplace activities.
The WHS Act imposes the broad general duties on a range of workplace participants including
Person Conducting a Business or Undertaking (PCBU), self employed persons,
occupiers/controllers of workplaces, manufacturers, suppliers and designers of plant and
workers.
WHS Legislation Framework
Work health and safety is regulated under legislation which includes both Acts and Regulations.
Enforcement of legislation is also informed by Codes of practice, guidance material and
Australian standards.

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2021 semester 1

The Act provides for administration and enforcement of WHS by placing certain duties on
PCBUs, workers, self-employed persons,

Regulations spell out any specific requirements of the legislation.

Standards the regulations may rely on standards to provide further details on the requirements.
Codes of practice and guidance notes - The Act and Regulations are supported by non-statutory
codes of practice and other guidance material. Codes of practice provide advice on how to meet
the duty of care.
In 2010 all States and Territories agreed in principle to enact the legislation included in Work
Health and Safety Legislation within their own jurisdiction.
The objects of harmonising work health safety laws through a model framework are to:
• protect the health and safety of workers;
• improve safety outcomes in workplaces;
• reduce compliance costs for business; and
• improve efficiency for regulator agencies.
Workers’ Compensation Legislation
All States and Territories have legislation which governs the payment of works compensation to
those injured while working. Compensation payments include lost wages, medical and

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rehabilitation services. It is important to note that WHS legislation and Workers’ compensation
legislation are unrelated and application of one set of legislation to a situation does not
necessarily mean that the other applies for example entitlement to workers compensation does
not necessarily imply a breach of WHS legislation. rehabilitation services. It is important to note
that WHS legislation and Workers’ compensation legislation are unrelated and application of
one set of legislation to a situation does not necessarily mean that the other applies for
example entitlement to workers compensation does not necessarily imply a breach of WHS
legislation.

A PCBU has a primary duty of care requiring them to, so far as is reasonably practicable, ensure
the health and safety of workers and others who may be affected by the carrying out of work.
A PCBU must, so far as is reasonably practicable, provide and maintain a working environment
where workers are not exposed to hazards. A key qualifier of this duty is the term reasonable
practicability.

Reasonable Practicability is what can reasonably be done to eliminate or reduce a risk in the
circumstances, taking into account and weighing up all relevant matters, including:
• the likelihood of the relevant hazard or risk occurring;
• the degree of harm that might result;
• what the person knows or ought reasonably to know about the hazard or risk and the ways of
eliminating or minimising the risk;
• the availability and suitability of ways to eliminate or minimise the risk; and
• the cost of implementing risk controls.

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