In Australia, employers have a legal obligation to manage workplace health and safety. The primary legislation governing this obligation is the Work Health and Safety Act 2011 (WHS Act) and its associated regulations.
The WHS Act sets out the responsibilities of employers to ensure the safety and health of workers and others in the workplace. Below are some of the key legal obligations that employers in Australia have to manage workplace health and safety.
1. Providing a safe working environment
Employers are required to provide a safe working environment that is free from risks to the health and safety of workers and others in the workplace. This includes identifying hazards in the workplace, assessing the risks associated with those hazards, and implementing control measures to eliminate or minimise those risks.
2. Consulting with Workers
Employers are required to consult with workers on matters relating to health and safety in the workplace. This includes consulting with workers on the identification of hazards and the assessment of risks, as well as the development and review of policies and procedures relating to health and safety.
3. Providing Information, Instruction and Training
Employers are required to provide workers with information, instruction, and training on matters relating to health and safety in the workplace.
4. Monitoring health and safety
Employers are required to monitor the health and safety of workers and others in the workplace. This includes monitoring the effectiveness of control measures and reviewing policies and procedures to ensure they remain effective.
5. Duty to notify
Employers are required to notify the regulator of certain incidents that occur in the workplace. This includes incidents that result in death, serious injury or illness, or dangerous occurrences.
6. Complying with the WHS Act and regulations:
Employers are required to comply with the requirements of the WHS Act and its associated regulations. This includes implementing control measures to eliminate or minimise risks, providing information, instruction, and training to workers, and notifying the regulator of certain incidents.
7. Providing workers compensation
Employers are required to provide workers compensation to workers who are injured or become ill as a result of their work. This includes paying compensation for medical expenses, lost wages, and other costs associated with the injury or illness.
As we have explored, employers in Australia have a legal obligation to manage workplace health and safety. This includes providing a safe working environment, consulting with workers, providing information, instruction, and training, monitoring health and safety, notifying the regulator of certain incidents, complying with the WHS Act and regulations, and providing workers compensation. Failure to comply with these obligations can result in fines, prosecution, and other legal consequences.
Author info:
John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. John is a Nationally Accredited family law Mediator and Arbitrator with over 10 years’ experience in family law and commercial litigation.