Workers have WHS duties too

Weekly WHS Article 8th March 2022

The Model WHS laws

Our current Work Health and Safety laws were the outcome of a great deal of work done over many years to review previous health and safety legislation and case studies in Australia and abroad to form a new-and-improved set of laws. The Model WHS Act was adopted by each State and Territory in Australia except for Victoria which has kept its OHS laws except for some updates. (However, there are more similarities than differences between the Model WHS Act and the Victorian occupational health and safety laws.)

The Model WHS Act contains a clear system of duty holders and clearly identified duties that must be carried out. This system of duty holders and duties are covered in quite some detail throughout each State’s WHS Act, WHS Regulation and WHS Codes of Practice, and they support the broader purpose of workplace health and safety.

WHS duties are non-delegable. This means a duty holder cannot transfer or subcontract their legal liability to another party. Even if the task is delegated, the original party remains responsible for ensuring it is performed correctly.

The NSW WHS Act

The NSW WHS Act became law in 2011 and has the same system of duty holders and duties that is contained in the Model WHS Act. You can find who are duty holders and have duties in sections 19 to 29 of the WHS Act.

Workers have duties

In WHS law, the term ‘workers’ includes all the employees (managers, supervisors, and team leaders, and workers in general). The term also includes contractors and others listed in section 7 of the WHS Act.

Workers have health and safety duties such as being responsible for their own health and safety and taking care around the people that they work with; complying with any instructions, supervision provided by the company; and following rules and company policy governing the safety of people at the workplace.

See section 28 of the WHS Act below.

You can find all those persons who are duty holders and have duties in sections 19 to 29 of the NSW WHS Act.

Work Health & Safety Management System

Every workplace must have a WHS management system. This must be provided by the business (PCBU.) Everyone in the workforce has specific duties within the system.

Certainly, it is management’s responsibility to provide the system in the first place and put in the controls for any hazards identified that could not be eliminated entirely. Although that part of it is “management’s job”, the application and successful operation of a WHS management system involves every person in the workplace.

That includes workers.

For more information feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066

8th March 2022