Employer Responsibilities

If you are an employer, you must provide a safe and healthy workplace for your workers and contractors.

 

This includes:

  • providing and maintaining safe plant (such as machinery and equipment) and safe systems of work (such as controlling entry to high risk areas, controlling work pace and frequency and providing systems to prevent falls from heights)
  • implementing arrangements for the safe use, handling, storage and transport of chemicals (such as dangerous goods and other harmful materials)
  • maintaining the workplace in a safe condition (such as ensuring fire exits are not blocked, emergency equipment is serviceable, and the worksite is generally tidy)
  • providing workers and contractors with adequate facilities (such as clean toilets, cool and clean drinking water, and hygienic eating areas)
  • making sure workers have adequate information, instruction, training and supervision to work in a safe and healthy manner.
  • adequately monitor your workers' health (such as providing hearing tests for workers exposed to high noise levels, providing blood tests for workers exposed to lead and monitoring fatigue levels of transport and other workers)
  • keep information and records relevant to your workers' health and safety (such as records of biological monitoring, asbestos assessments, first aid records and relevant medical information)
  • employ or engage people with the necessary qualifications or expertise to advise you on health and safety issues affecting your workers
  • consult with employees on matters that may directly affect their health, safety or welfare. Where the employees are represented by a health and safety representative (HSR), the HSR must also be involved in the consultation
  • nominate a senior management representative (or yourself) to deal with workers and their health and safety representatives in resolving health and safety issues at the workplace
  • provide your workers with information in the appropriate languages about your workplace health and safety arrangements, including the names of those to whom the workers can make an inquiry or complaint.
  • manufacture, importation, transportation, supply, storage, handling or use of dangerous goods
  • design, manufacture, importation, supply, erection or installation of plant
  • manufacture, importation, or supply of substances.
  • meet particular licensing, registration and certification requirements
  • immediately notify WorkSafe of certain dangerous incidents
  • co-operate with WorkSafe Inspectors
  • comply with Inspector's Notices and Written Directions
  • comply, so far as they are reasonably able, with any reasonable instruction given by the PCBU to allow the PCBU to comply with WHS laws, and
  • cooperate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace that has been notified to workers.

An employer must also:

Other health and safety obligations

You must ensure that other people such as your customers, visitors and the general public are not endangered by the conduct of your business.

For example, by providing protection from falling debris around construction sites, controlling traffic access to your workplace and limiting public access within your workplace. 

 

WHS Legal obligations of business owners

The  new WHS legislation has introduced stringent new requirements and obligations in order to secure and promote the health, safety and welfare of people at work. These obligations are imposed on people and companies in a number of different capacities, such as employers or controllers or owners of premises.

Many building owners, property developers and commercial enterprises (principals) continue to assume that their WHS (OH&S) obligations can be avoided through the appointment of a competent building or site manager, contractor, or by divesting responsibilities to tenants.

The contracts with these parties frequently seek to limit or extinguish the liability of a principal by passing responsibility for WHS and OH&S obligations to the manager, contractor or tenant. However, the intention of the Government in introducing its legislation, and the manner in which it is being interpreted and enforced, indicate that a principal will still retain some liability, regardless of how explicit contractual provisions may be in divesting obligations to another party. Delegation of many responsibilities is possible, but overall responsibility will be retained by the principal.

They point    out that the Act imposes a general duty on employers to ensure the health,    safety and welfare of employees at work. This duty includes ensuring the safety    of premises and equipment, ensuring the safety of work systems and the working    environment, and providing information, training and supervision to employees.    However, the duty also applies to third parties at a workplace. For example,    employers must ensure that couriers are not exposed to risks to their health and    safety when delivering to their business.

 

 

The WHS regulations  contains explicit requirements that must be obeyed by employers in order to  fulfil their duty under the legislation.

Heavy penalties including imprisonment  have been proscribed.

Our WHS training services will help you rapidly achieve compliance.

Terms & Conditions

It is conditional that you agree that by that by ordering and receiving the kit you agree to abide by all conditions of sale and understand the disclaimer. The WHS KIT (herein called 'the kit') is described as containing intellectual property, similar to a motion picture or music performance, and that once viewed the buyer cannot simply say that they do not wish to pay for it because they did not approve of it. Therefore the kit is sold on an 'as is' basis and apart from complying with consumer laws as to the fitness of the kit for the purpose to which it is described, no refunds will be provided due to inconsistencies such as spelling mistakes, typesetting errors, or any other errors whatsoever, or because the purchaser did not like the kit, or in any other way offers disparagement as a reason not to pay for the kit or to seek a refund.. The kit is not a trial version, and is not sold 'on approval'. The kit is not copy - protected, so once viewed and utilised the intellectual property has already been enjoyed. The kit is supplied on a 30 day account. This means that you will be sent an invoice, and you need to pay within 30 days. We do understand that some larger corporations can only pay when their accounts payable dept. does a payment cycle, so it could be 60 days, so we do grant leeway in some cases. If a person fails to implement the kit because of time constraints, or for any other reason, it will not be considered a reason for them to be able to delay payment for the kit. You agree to pay 30 days upon receipt of the kit, or by the end of the following month, if that is your organisation's payment policy. If there are any mistakes on our part in terms of orders or fulfillment, or if any material was damaged in transmission, or for other such reasons, they we do agree to make good on any problems or to provide you with a refund. NITE School offers online courses in qualifications based on this kit, and has developed resources such as the WHS Simulator for such training. Therefore in the event that you need help with implementing your WHS procedures there is a wealth of support available if you do the NITE School course. This includes access to WHS tutors and WHS specialists where you can discuss and analyze your particular workplace situation. This facility is not provided free of charge with the kit.

Disclaimer: This publication and information, whether delivered online, printed or verbally contains work health and safety and workers compensation information. It may include some of your obligations under the various legislations and seeks to help you to comply with your legal obligations, however you should always refer to the appropriate legislation for any recent amendments since this publication. Information on the latest laws and amendments can be readily checked by visiting the appropriate state and federal website. The NSW legislation website is www.legislation.nsw.gov.au. This kit and associated publications do not represent a comprehensive statement of the law as it applies to particular problems or to individuals or as a substitute for legal advice or specialist WHS consultancy. You should seek independent legal and WHS advice if you need assistance on the application of the law to your situation. Some of the materials presented in this publication about the Work Health and Safety Act are distributed by Safe Work Australia as an information source only. The information and data in this publication are subject to change without notice. NITE School and Safe Work Australia makes no statements, representations, or warranties about the accuracy or completeness of, and you should not exclusively rely on any information contained in this publication. NITE School and Safe Work Australia disclaims all responsibility and all liability (including without limitation liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any other reason. This publication was produced by NITE School using information sourced from State and Federal Work Health and Safety Authorities, Training.gov and other bodies. NITE School warrants that the syllabus of this kit follows the Australian Government endorsed unit of competencies: 'BSBWHS401A - Implement and monitor WHS policies, procedures and programs to meet legislative requirements' and 'BSBWHS201A -Contribute to health and safety of self and others.'