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WORKSAFE VICTORIA/ WORKING SAFELY IN COMMUNITY SERVICES 1 Community services workers play a vital role in caring for our people and helping to maintain a quality of life expected in Australian society, often in challenging and confronting circumstances. [5] Safe Work Australia, Interpretive guidelinemodel Work Health and Safety Actthe meaning of 'person conducting a business or undertaking'. families. We pay our respects to the people, the cultures and the elders past, present and emerging. compulsory marine pilotage/exempt masters, Harbour master directions, safety duty (so far as is reasonably practicable) obligations of port manager, port operator, vessel operators, offshore facility operators etc. Link your managers pay and promotion to WHS performance in their area of responsibility. The Commonwealth, states and territories are responsible for making their own work health and safety (WHS) laws. For your employees, you must provide and maintain a working environment that is safe and free of risks to health, so far as is reasonably practicable. The penalty is $150,000. . We also hold negligent employers to account and enforce occupational health and safety laws if workers are subjected to risk or harm. There is a range of responsibilities within any company from managements overall WHS responsibility to the day-to-day responsibility of individual workers. policies and services for people of LGBTIQ communities and their 54 Victoria Street, Carlton South VIC 3053 Phone: 03 9659 3511 Fax: 03 9639 0408 Find out how to meet your duties under work health and safety (WHS) laws. Role statement - WorkSafe Victoria (Victorian WorkCover Authority), Agency Roles and Responsibilities alignment to Victorian Preparedness Framework, Victorian Emergency Management Institute (VEMI), Emergency Management Operational Communications Program, Foundations of Emergency Management (Class 1 Emergencies), Disaster Recovery Funding Arrangements (DRFA), Disaster Recovery Toolkit for Local Government, Emergency management capability in Victoria, Natural Disaster Resilience Grants Scheme (NDRGS), Volunteer Emergency Services Equipment Program (VESEP), Community Resilience Framework for Emergency Management, Learning as One Victorias page for lessons, 10. 1 Malop Street It is important to understand the health and safety requirements that apply to your type of business in order to correctly prepare for any accident or emergency. Our COVID-19 response continues, as we educate workplaces on how to operate safely with the virus. In the following table, name the relevant legislation's, regulations, codes and standards and how they impact on . We collect, analyse and publish data and information on work health and safety and workers' compensation. If your assessor marks any of your answers as incorrect, they will talk to you about resubmission. To reduce workplace harm, we are targeting the 5000 Victorian workplaces that need the most support and attention - where harm is, or is likely to, occur. As a health and safety representative it's important to understand consultation procedures including what matters employers must consult about, what consultation involves, and different ways that consultation can occur. We provide a range of benefits including weekly income payments, hospital, medical and allied health treatment, personal and household help, common law benefits and lump sums for permanent impairment. Licences and registrations. Our job is to reduce workplace harm and improve outcomes for injured workers. For information about who may be aPCBUand their duties see: Officers have specific duties under WHS laws. The goal of providing first aid is to prevent or reduce further health damage and to relieve suffering until the injured person can be . Protect yourself and your business maintain a thorough understanding of your legal obligations. Keep your workplace safe and productive by identifying and resolving issues through defined systematic processes. 26 Park Street South Melbourne Melbourne VIC 3026 Australia, Suite 25 Ground Floor 185-187 High Street Freemantle WA 6959 Australia, P.O. families. We're making it easier for injured workers and employers to interact with us through better automation and online functionality. 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. employee of a labour hire company placed with a host employer, comply, so far as they are reasonably able, with any reasonably instruction that is given by thePCBUto comply with the. We're prioritising the early identification of current and emerging occupational illness and disease such as asbestos and silicosis. 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 We collect, analyse and publish data and information on work health and safety and workers' compensation. We're all responsible for ensuring we maintain a safe and healthy environment. HAZMAT transport requirements (e.g. This includes inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. In order to understand the training needed, analysis of the job and individual skills must be analysed. While preventing injuries is always our first preference and priority, when a workplace injury does occur, our job and our focus is on improving outcomes for those who are injured. Give your employees information about workplace health and safety in appropriate languages. 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 [5] WHS Act, section 32. the right to workers compensation. Under WHS Act, section 4, a 'volunteer' is defined as a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses). 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. This includes a good knowledge and understanding of: All workers are responsible for the WHS impact of their own actions. This includes inspections, campaigns, education programs, targeted interventions, guidance, warnings, enforcement and prosecutions. Create a safe workplace Your industry Information and guidance about your industry and the kind of work you do. We collect, analyse and publish data and information on work health and safety and workers' compensation. Streamline your WHS processes with a strategic communication process. WorkSafe Victoria is the WHS regulator for the state, administering acts and regulations related to WHS. | Learn more about Phillip Pavlidis's work . Dual Australian and EU citizen, will relocate for the right role. Line managers are responsible for a specific area of your company, including WHS within that area. Communication of WHS responsibilities can be done quickly and effectively when your organisation has efficient processes in place. A transport company has been convicted and fined $75,000 after a worker suffered an electric shock when a mobile crane struck overhead power lines at a Dromana construction site. WorkSafe Victoria acknowledges Aboriginal and Torres Strait Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. It does not take your specific needs or circumstances into consideration. A worker is a person who carries out work for a small business or undertaking, including work as an employee or: The term work is not defined in the model WHS laws and has its ordinary meaning. We develop national policy and strategy about workers' compensation. The Information sheet - Work Health and Safety (Mines) Regulations 2022 comparison table summarises the similarities and differences between provisions in the Mines Safety and Inspection Act . Have you evaluated your business activities to identify areas of increased risk? a business is conducted with a view to make profit and will have some organisation, system and continuity. Regulators work together to implement national campaigns and ensure a consistent approach to compliance and enforcement across Australia. Review of the model Work Health and Safety lawsFinal Report. 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. We pay our respects to their Elders past and present, and honour their cultural, spiritual and educational practices. SWA is not a regulator and cannot advise you about WHS issues in the workplace. CASE STUDY 1: I NFECTIOUS PATIENT You are working in a residential aged care facility. 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. We pay our respects to the people, the cultures and the elders past, present and emerging. Islander people as the Traditional Custodians of the land and WHS committee helps to maintain and improve health and safety standards, rules, procedures and establishes the standard of best work practices. 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. WorkSafe Victoria Health and safety inspectors can enter your workplace to check your compliance with Australian work health and safety laws. We educate, support and guide Victorian workplaces to provide a safe environment for their workers. The Commonwealth, states and territories regulate and enforce WHS laws. cooperate with any reasonable policy or procedure of thePCBUrelating to health or safety at the workplace that has been notified to workers. Rights and responsibilities; Psychosocial hazard resources; Q. Quad bikes; R. Risk assessment; Remote or isolated work; S. Sedentary work; Sexual harassment; Slips, trips and . Supporting them to recover and, where possible, return to safe work. Back. acknowledges and pays respect to their Elders, past and present. WorkSafe Victoria is the statutory authority responsible for promoting and enforcing health and safety in Victorian workplaces. Is HR responsible for WHS? Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. Everything about mental health in one place. 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. Islander people as the Traditional Custodians of the land and WorkSafe can provide occupational health and safety advice of a general nature. Objectives should be specific, achievable and measurable, including: Any manager who represents your company for WHS needs to have the appropriate level of authority and competence required by the legislation. 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. help duty holders, workers and representatives consult and coordinate on, promote and share information, tools and initiatives, including with other, WHS regulators and workers' compensation authorities contact information, Comparing workers' compensation in Australia, Workers' compensation for psychological injury, state or territory work health and safety authority. This is designed as an overview of the standards required under WHS laws. Ensure that the conduct of your business does not endanger other people (including visitors, the public and other workers). The modelWHS laws still apply if workers work somewhere other than their usual workplace,such asworking from home. Cooperate with your employer about any action they take to comply with the OHS Act or Regulations. What to do before, during and after a natural disaster. 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. This tool provides information about duties under the model WHS laws, including duties for PCBUs and workers in the agriculture industry, how to meet these duties, and hazards you may face working in agriculture. The Victorian community services sector employs more than 60,000 people 3. The WHS responsibilities apply to all employers and businesses, which includes any person conducting a business or undertaking (PCBU). Worksafe Victoria plays a critical role in the lives of Victorian employers and employees as the states health and safety regulator and as the manager of Victorias workers compensation scheme. 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. Employer Responsibilities. Omar works in Home and Community Care in a rural location. This includes when they are working from home. Information for businesses about their rights and responsibilities under consumer laws in Western Australia. owners or managers) persons who manufacturer or supply plant (machinery or equipment tools) and substances used at work WorkSafe strives to prevent workplace injuries, illness and fatalities and for more than 35 years has raised the standard of health and safety in Victorian workplaces. Driving heavy vehicles safely in poor road conditions. 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. The role of work health and safety committee members is to address and resolve WHS issues. the relation of WHS issues and systems in relation to that workplace, communication, consultation and negotiation skills, the WHS / OHS Act's and relevant regulations in their jurisdictions, the health and safety issue resolution process, the person conducting a business or undertaking (PCBU) duties under WHS legislation and the concept of reasonable practicability, hazard identification and risk assessment processes, the role and functions of health and safety representatives and representatives of registered worker organisations, 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, take reasonable care for their own health and safety, take reasonable care for the health and safety of others who may be affected by their actions in the workplace, co-operate if the PCBU needs them to do something to comply with a legislative requirement, not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare, inform their company of any allergies or medical conditions that may impact on their health and safety, How to capture business benefits from a culture of consultation, The Business Benefits of Managing Occupational Health & Safety. Usually: Examples of a business or undertaking include: See theGuide to Work Health and Safety for Volunteer Organisationsfor more information. We are in a privileged position to make a difference, and help some of our community's most vulnerable. an undertaking will have some organisation, systems, and possible continuity, but are usually not profit-making or commercial. Logistics and Supply Chain Management, 18. WorkSafe Victoria Keep workplaces that you manage and control in a safe condition, free of risks to health (for example, ensure fire exits arent blocked, and the worksite is generally tidy). The policies should offer clear guidelines about the duties, consultation and documentation mandatory for each process regarding: SWA is not a regulator and cannot advise you about WHS issues in the workplace. Geelong VIC 3220. WorkSafe's strategy How we will reduce workplace harm and improve outcomes for injured workers. You can also promote awareness throughout your organisation by featuring WHS matters in the personal objectives and annual assessment of all employees. Table 17: Recovery coordination: Built environment. [6] WHS Act . A person at a workplace can be prosecuted for failing to comply with their duties. Have you done a first aid assessment of your business? The PCBU may be a corporation, partnership, unincorporated association, a self-employed person or a sole trader. This advice may direct duty holders to the relevant provisions of any legislation administered by WorkSafe, and to any guidance material published by WorkSafe with respect to particular obligations. In both capacities, employers and employees are at the heart of our service. the right to say no to unsafe work. Assist in identifying hazards. As part of a businesss WHS responsibilities are the ability to respond to any accident or emergency in your workplace. Consult employees on matters that may directly affect their health, safety and welfare. 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. WHS publications and resources. If you need help please contact yourstate or territory work health and safety authority. Your obligations Understand your OHS, workplace injury and rehabilitation obligations. policies and services for people of LGBTIQ communities and their To achieve this, Agents should: provide proactive tailored support to injured workers, their families, employers and other persons affected by serious incidents. Information for charities and associations operating in Western Australia. 3. APCBUhas a primary duty to ensure the health and safety of workers while they are at work in the business or undertaking and others who may be affected by the carrying out of work. You will need to do one of the following: Answer the questions that were incorrect in writing. Workers' WHS duties Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or 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 comply with reasonable instructions Geelong VIC 3220. To request an inspector email whs.help@comcare.gov.au or call us on 1300 366 979. . They also share information, tools, and initiatives. promote and support education and training, help duty holders, workers and representatives consult and coordinate on, promote and share information, tools and initiatives, including with other, 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, state or territory work health and safety authority. Understand the powers of an HSR and an employers' obligations. To show youre serious about work safety right from the start, this information should be included in the position description of all employees. WorkSafe Victoria is committed to safe and inclusive work places, A workplace injury can significantly change a person's life. They also: Regulators work collaboratively to set strategic priorities at both a national and local level. All workers are responsible forthe WHS impact of their own actions. (road/rail/marine, pipeline) - management of dangerous goods in transport, storage and handling, legislation/regulation and enforcement (e.g. A worker can be prosecuted for failing to comply with their duties. We develop national policy and strategy about workers' compensation. The description of WHS responsibilities must include the name, position and appropriate authority of all such personnel. Everyone has a role in workplace health and safety. Our OHS Management System takes a coordinated and systematic approach to health and safety. A person is not a PCBU where they are engaged solely as a worker or officer of the business or undertaking. Worksafe Victoria, Dangerous Goods transporter maintenance, training, licensing, inspection etc. WorkSafe Victoria. It is important to understand the health and safety requirements that apply to your type of business in order to correctly prepare for any accident or emergency. WHS regulations supplement the WHS Act, and the Acts of those states yet to . Subscribe to receive events announcements and the latest industry news including Safety Soapbox, agriculture updates, DG digest, Major hazards matters, Provider Pulse, updates for health and safety reps, and communication from the WorkWell program. According to Section 72 of the OHS Act, the functions of the HSC include: Facilitating cooperation between the employees and the employer. www.worksafe.qld.gov.au . makes, or participates in making, significant decisions that affect the whole, or a substantial part, of the business, or. Safe Work Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. Under the OSH law, employers have a responsibility to provide a safe workplace. WorkSafe Victoria Each jurisdiction has a regulator who monitors and enforces compliance with WHS laws. An employer can be a: You are an employee if you have a contract of employment or contract of training. As part of the provisions of the WHS Act, employers must provide a first aid kit with the necessary supplies to provide emergency health care. This responsibility extends to contractors for matters over which the employer has management. For small businesses, officers are usually the owners or operators of the business. Take reasonable care for your health and safety in the workplace. Want to capture tangible business benefits from the culture of consultation youve created? 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). We develop national policy and strategy about workers' compensation. They also: give advice and information on WHS duties collect, analyse and publish statistics The Commonwealth, states and territories regulate and enforce WHS laws. Islander people as the Traditional Custodians of the land and Here is a summary of an employer's rights . 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. The Act also provides for Deputy HSRs to be elected in the same way as HSRs, and allow them to stand in for their HSRs when that person is not available. We are supporting workplaces to be mentally healthy, and reduce mental injury. We publish a wide range of resources covering many work health and safety topics. The information on this site is of a general nature only. WorkSafe Victoria acknowledges Aboriginal and Torres Strait They also share information, tools, and initiatives. 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. Overwhelmed by the plethora Acts, Regulations, and Codes? The Crown is also a PCBU for the purposes of the WHS Act. CHC30113 WHS/OHS in the workplace. You have additional specific obligations if your business involves: You also may have obligations to meet particular licensing, registration and certification requirements. You should look at your own situation and requirements before making any decisions. WorkSafe's job is to protect every Victorian worker from harm. Each Australian state has its own WHS authority that oversees workplace OHS and workplace first aid. To find more information about these laws go to your state's WHS governing body. WorkSafe is reminding Victorian employers and workers of the shocking consequences of workplace harm after the loss of 61 lives last year. In both capacities, employers and employees are at the heart of our service. Review of the model Work Health and Safety lawsFinal Report. outcome-based objectives (eg, a reduction in the number of manual handling injuries). This code applies to all types of work and all workplaces covered by the WHS Act. 1. See our latest Key work health and safety statistics. We collect, analyse and publish data and information on work health and safety and workers' compensation. What is name of the WHS authority that regulates work health and safety in Victoria? the likelihood of the hazard or risk occurring, the harm that would result from the hazard or risk, what a person knows (or should know) about the hazard or risk, and ways to eliminate or reduce it, availability and suitability of ways to eliminate or reduce the hazard or risk, cost of eliminating or reducing the hazard or risk.