BSBWHS307 Assessment 2 WHS legislation

Assessment 2: WHS legislation

Refer to Section 2 in your Study Guide to answer the following questions:

1. What is the name of the main workplace health and safety-related Commonwealth legislation in Australia?

Work Health and Safety Act (2011)

2. Which Act has the new WHS Act replaced?

• the Occupational Health and Safety Act 1991
• the Occupational Health and Safety (Safety Standards) Regulations 1994
• the Occupational Health and Safety (Safety Arrangements) Regulations 1991.

3. What is the role of the WHS Regulations 2011?

WHS Regulations 2011 defines the core elements and objects of the WHS regulatory framework of Australia by imposing mandatory obligations on various stakeholders to secure the safety and health of workers and workplaces.

4. What is the purpose of the WHS Codes of Practice 2011?

WHS Codes of Practice 2011 are model codes of practices developed by Safe Work Australia in consultation with unions, employer organisations and governments (Commonwealth, state, and territory) to provide advice on how the regulatory requirements can be met.

5. Can a breach of the WHS Codes of Practice 2011 be used to sue an employer in a court of law?

While the codes are not legally enforceable, they are admissible as evidence in proceedings for alleged breaches of the Act and associated regulations. So, the breach of WHS Codes of Practice 2011 cannot be used to sue, however, it can be used as a piece of evidence.

6. What is the role of ComCare under the law?

Comcare is concerned with how workplace inspections are conducted under the WHS Act 2011. ComCare lays out the procedure of how an inspector can visit the workplace to respond to an incident or complaint and resolve work safety and health issues, as part of a planned campaign.

7. What key areas does the WHS Act 2011 define?

Key areas that are defined by the WHS Act 2011 are

• the health and safety representative election process
• investigators and statutory notices
• Details about incident notification
• Exemptions
• transitional and savings provisions

8. What are the specific high-risk areas that are covered by the WHS Regulations 2011?

High-risk areas that are covered by the WHS Regulations 2011 are

• occupational noise
• hazardous manual tasks
• confined spaces
• falls
• high-risk work
• demolition work
• diving work
• plant and structures
• construction work
• hazardous chemicals
• lead
• asbestos
• major hazard facilities

9. What are the six principles of OHS risk management that you can apply at your workplace?

The six principles of OHS risk management that can be applied at the workplace are

• Leadership and commitment from senior management
• Active involvement of each individual in the workplace
• Effective communication through consultation
• Provision of appropriate information, education and training
• Hazard identification, risk assessment and risk control
• WHS management information systems

10. What methods can you use to gather data at your workplace to check whether your workplace is compliant with the legislation or not?

There are two key methods that can be used to gather data at the workplace to ensure if the workplace complies with the legislation: First, all the acts and regulations, approved codes of practices, and ComCare guidance must be assessed in the context of the workplace. Second, Liason inspections may be carried out by a ComCare inspector to provide information and advice on health and safety.

11. What are the key OHS obligations of your employer according to the WHS Act 2011?

Key OHS obligations for employer according to the WHS Act 2011 are

1) ensuring the health and safety of (while the workers are at work):

(a) workers engaged, or caused to be engaged; and

(b) workers whose activities in carrying out work are influenced or directed by the employer.

 (2) ensuring the health and safety of other persons is not put at risk from work carried out.

(3) ensuring that

(a) the provision and maintenance of a work environment without risks to health and safety;

(b) the provision and maintenance of safe plant and structures;

(c) the provision and maintenance of safe systems of work;

(d) the safe use, handling and storage of plant, structures and substances;

(e) the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities;

(f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; and

(g) the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

12. According to Section 28 of the WHS Act 2011, what are the duties of workers at your workplace?

                         According to Section 28 of the WHS Act 2011, while at work, a worker must:

(a) take reasonable care for his or her own health and safety;

(b) take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons;

(c) comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; and

(d) co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.

13. Based on the WHS Code of Practice 2011, draw a flowchart for risk management that you can use to discuss with your colleagues at work.

The flowchart is presented below

14. How will you continue to update your knowledge about WHS legislation and your workplace OHS policies in the future?

I will be following the government notifications and will be self-auditing the workplace to ensure that it complies with the OHS policies.