WHS Law in Australia

Posted by Maddie Williamson in Jul, 2014

What are WHS laws in Australia?

Work place health and safety laws in Australia changed on the 1st January 2012 to gradually harmonise across Australia. WHS laws are a set of rules (codes of conduct) set for various duties that both workers and the public must abide by when in contact with a workplace.

What are WHS laws in Australia like?

WHS laws in Australia are now like most internal laws with the exception that WHS laws in Australia are harmonised across Australia there are like most WHS laws from state to state.

What is the purpose of WHS laws in Australia?

The purpose of WHS laws in Australia according to Queensland work health and safety act (2011) are laws put into place that are enforced to protect the health safety and the welfare of both workers and members of the public to ensure their safety is not being put at risk by any work projects.

What are the different types of WHS laws in Australia?

There is a wide range of legislations/laws when it comes to WHS Laws in Austraila these involve:

  • Work Health and Safety Act 2011 No. 18
  • Safety in Recreational Water Activities Act 2011 No. 19 ss 1–2, pt 7 div 2
  • Mines Legislation (Streamlining) Amendment Act 2012 No. 20 s 1, ch 2 pt 8
  • Guardianship and Administration and Other Legislation Amendment Act 2012 No.37 ss 1–2(1), pt 10
  • Queensland Rail Transit Authority Act 2013 No. 19 ss 1, 120 sch 1
  • Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 No. 25 s 1, pt 15
  • Transport and Other Legislation (Heavy Vehicle National Law) Amendment Act 2013 No. 26 ss 1–2, 105 sch 1
  • Treasury and Trade and Other Legislation Amendment Act 2013 No. 39 ss 1, 109 sch 2, 110 sch 3 pt 1
  • Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2013 No. 52 ss 1, 114 sch 2
  • Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 No. 64 ss 1, 2(1), pt 24

More information in relation to the different type of laws can further be found at WHS Act 2011 : https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSA11.pdf

What’s involved with complying with WHS laws in Australia?

Complying with the WHS laws in Australia involves understanding the compliances codes to assist with practical direction to both works and the members of the public that have specific duties and obligations to uphold.
To comply with the WHS laws there are eight compliance codes available to assist with appropriate information.
• Communicating occupational health and safety across languages
• Workplace amenities and work environment
• Confined spaces
• First aid in the workplace
• Prevention of falls in general construction
• Foundries
• Managing asbestos in workplaces
• Removing asbestos in workplaces

Where does compliance with WHS laws in Australia fit into the process of starting a business?

As mentioned above their 8 compliance codes in which is required to be enforced. Each code complies with WHS laws to fit any type of business and is extremely essential when starting up a new business. Each code help the business to ensure that legally the safety and rights of society are upheld to prevent harm or danger in any shape way or form.

How do WHS laws in Australia impact on different areas of a business?

Depending on the area of the business by enforcing WHS laws to cover all areas of a business helps to deter illness and injury to persons in a workplace. It is important that the employer implement WHS laws appropriately prior to commencement of a business to inform the employees of policies and procedures they are required to meet the standards of before commencement of business. By apply ALL Australian WHS laws for ALL areas of a business will ensure you avoid any unwanted costs / damage to your business that maybe the result of workplace injury and illness. This will provide a firm foundation to achieve the highest level of success outcomes for your business.

What terms are used in WHS laws in Australia?

Among the wide range of terms used in WHS laws in Australia employers which are known as PCBU meaning person conducting a business, workers meaning employees reasonably practicable/reasonable care, codes of conduct, duties of care, due diligence, health and safety, structures, workplace communion, occupational amenities, confined spaces, prevention, foundries, construction and the list goes on, each term having it own purpose in the overall result of WHS Laws.

Where can I find more information about WHS in Australia?

When searching for relevant information in regards to WHS laws Australia and depending on the state in which the laws are required for (if not harmonised across that Australia already) there are hundreds of thousands of articles and sources in which information about the WHS Laws can be found. The hardest part about searching through each article to find out which is reliable and relevant and which is not. Although books have a fairly evident idea the laws change as society progresses therefore it is important to search for government websites which are more likely to be updated frequently.

Who would most benefit from this knowledge?

The person that would benefit most from this knowledge would be a either a person with no experience on this area or and existing worker wanting to learn more about some missing knowledge gaps in this area. This would benefit any job level for any business from staff to team leaders to employer’s investors or partners and so forth including the general public. Jurisdiction for WHS laws stem from the Australian commonwealth government which has harmonised WHS laws across all states and levels of government. WHS laws influence all cultures and ages and are relevant to all organisation type from small/medium enterprises, corporation’s non-profit organisations to government departments/owned entities. WHS remain relevant to all industries especially transport communication services agricultural personal and other services which involves any form of contact with society.

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