Workplace Health and Safety (WHS), often referred to as Occupational

Health and Safety (OH&S) involves the assessment and mitigation of

risks that may impact the health, safety or welfare of those in your
workplace. This may include the health and safety of your customers,
employees, visitors, contractors, volunteers and suppliers. As a
business owner there are legal requirements that you must comply
with to ensure your workplace meets WHS obligations.
Before 2012, workplace health and safety (WHS) laws were known as
Occupational Health and Safety (OH&S) laws. These laws differed
across Australian states and territories. To make the laws more
consistent across Australia, in 2012 the state and territory
governments agreed to develop model laws (WHS Act and
Regulations), on which they could base their health and safety laws.
Creating a safe work environment is a legal requirement and critical to
the long term success of your business. It can:

•help you retain staff

•maximise employee productivity
•minimise injury and illness in the workplace
•reduce the costs of injury and workers’ compensation
•ensure you meet your legal obligations and employee responsibilities.
Under Australian WHS/OH&S legislation businesses are legally obliged
to:
•provide safe work premises
•assess risks and implement appropriate measures for controlling
them
•ensure safe use and handling of goods and substances
•provide and maintain safe machinery and materials
•assess workplace layout and provide safe systems of work
•provide a suitable working environment and facilities
•have insurance and workers’ compensation insurance for your
employees.
People working in your business have work health and safety
obligations to themselves and their workmates. They must:

•comply with instructions given for work health and safety

•use any provided personal protective equipment (PPE) and be
properly trained in how to use it
•not wilfully or recklessly interfere with or misuse anything provided
for work health and safety at the workplace
•not wilfully place others at risk
•not wilfully injure themselves.
The Work Health and Safety Act 2011 (the WHS Act) provides a
framework to protect the health, safety and welfare of all workers at
work. It also protects the health and safety of all other people who
might be affected by the work.
All workers are protected by the WHS Act, including:
•employees
•contractors
•subcontractors
•outworkers
•apprentices and trainees
•work experience students
•volunteers
•employers who perform work.
The WHS Act also provides protection for the general public so that
their health and safety is not placed at risk by work activities.
The WHS Act places the primary health and safety duty on a person
conducting a business or undertaking (PCBU). The PCBU must ensure,
so far as is reasonably practicable, the health and safety of workers at
the workplace. Duties are also placed on officers of a PCBU, workers
and other persons at a workplace.
All duties under the WHS Act are qualified by the term 'reasonably
practicable'.
The WHS Act also sets out the requirements for the following:
•incident notification
•consultation with workers
•issue resolution
•inspector powers and functions
•offences and penalties.
If you do not fulfill your duties or obligations, you are in breach of the Work Health
and Safety Act 2011(the WHS Act) or the Electrical Safety Act 2002 (the ES Act) and
could be prosecuted.
What is a breach?
A breach occurs when the law is not upheld; when:
an action is taken that places a person at risk of injury, illness or death
steps are not taken to avoid a risky situation from occurring
there is a failure to comply with regulatory requirements.
Examples of breaches of the WHS Act include:

•exposing workers to the risk of excessive noise

•working at heights where the risk of falling is not controlled
•allowing unlicensed operators to use specified equipment such as forklifts
•not ensuring that plant is appropriately guarded to eliminate or minimise exposure
of workers to moving parts
•failing to have in place safe work method statements for work carried out in or near
a confined space
•not notifying the Office of Industrial Relations (OIR) when a notifiable serious injury
or illness occurs at your workplace.
There are four categories of offences for failing to comply with a
health and safety duty under the WHS Act and SRWA Act or an
electrical safety duty under the ES Act, depending on the degree of
seriousness or liability involved.
Category 1: the next highest penalty under either the WHS Act or the
ES Act is for a category 1 offence, These are serious breaches where a
duty holder who recklessly endangers a person to risk of death or
serious injury. Offences involving reckless conduct, will be prosecuted
in the District Court.
•Corporation: up to $3 million
•Individual as a person conducting a business or undertaking (PCBU) or
an officer: up to $600 000 / 5 years jail
•Individual e.g. worker: up to $300 000/ 5 years jail.
Category 2: failure to comply with a health and safety duty or
electrical safety duty that exposes a person to risk of death, serious
injury or illness. Offences will be prosecuted in the Magistrates Court.
•Corporation: up to $1.5 million
•Individual as a PCBU or an officer: up to $300 000
•Individual e.g. worker: up to $150 000.

Category 3: failure to comply with a health and safety duty or

electrical safety duty. Offences will be prosecuted in the Magistrates
Court.
Corporation: up to $500 000
Individual as a PCBU or an officer: up to $100 000
Individual e.g. worker: up to $50 000.
On-the-spot fines
An on-the-spot fine is an alternative to prosecuting alleged offenders
directly through the court. It is also called an infringement notice.
On-the-spot fines may be issued for workplace health and safety
offences or electrical safety offences prescribed in Schedule 1 of
the State Penalties Enforcement Regulation 2014 (the SPER
Regulation).
On 30 June 2017 the State Penalties and Enforcement Regulation
2014 was amended to introduce two new infringement notice
offences or 'on the spot fines' against requirements in the Electrical
Safety Regulation 2013 (ES Regulation) for exclusion zones and unsafe
distances when working near overhead and underground powerlines.
Both PCBUs and workers can be issued with an on-the-spot fine.
Examples of offences which can be issued with a fine include (but are
not limited to):
•failure to comply with an improvement notice
•failure to record a notifiable incident (e.g. a work-caused serious
injury or illness)
•allowing persons to carry out high risk work without seeing written
evidence that the worker has the relevant high risk work licence
•failure to allow health and safety representative to exercise their
powers or functions
•failure to use/wear PPE provided by PCBU in accordance with
information, training or reasonable instruction given by PCBU (fine
issued to worker)
•failure to test electrical work
•failure to ensure electrical equipment was de-energized before
carrying out electrical work.
•redirection of wages or funds from a bank account
•issuing of a warrant for the seizure and sale of property
•suspension of the debtor's driver's licence until the debt is satisfied
•registration of the debt for enforcement interstate
•issuing an arrest and imprisonment warrant.
Organisation is committed to providing and maintaining a safe and
healthy workplace for all workers (including contractors and
volunteers) as well as clients, visitors and members of the public.
Hazards and risks to health and safety will be eliminated or minimised,
as far as is reasonably practicable.

The responsibility for managing health and safety ultimately rests with
the person in control of the business or undertaking (PCBU), directors
and management. Workers also have important responsibilities for
health and safety in the workplace.
We are committed to complying with the Work Health and Safety Act
2011, the Work Health and Safety Regulation 2011, codes of practice
and other safety guidance material.
Management will:
•Ensure the business complies with all legislation relating to health
and safety
•Eliminate or minimise all workplace hazards and risks as far as is
reasonably practicable
•Provide information, instruction and training to enable all workers to
work safely
•Supervise workers to ensure work activities are performed safely
•Consult with and involve workers on matters relating to health, safety
and wellbeing
•Provide appropriate safety equipment and personal protective
equipment
•Provide a suitable injury management and return to work program
Workers will:
•Take reasonable care for their own health and safety
•Follow safe work procedures, instructions and rules
•Participate in safety training
•Report health and safety hazards
•Report all injuries and incidents
•Use safety equipment and personal protective equipment as
instructed

Our goal is to provide a safe and healthy work environment that is free
from workplace injury and illness. This will only be achieved through
the participation, co-operation and commitment of everyone in the
workplace.