HLTWHS001 Readings

Submitted by sylvia.wong@up… on Thu, 05/25/2023 - 12:32
  • Reading A: Introducing Health and Safety WHS: A Management Guide (6th Edition)
  • Reading B: Workplace Health and Safety Policy
  • Reading C: Model Code of Practice: How to Manage Work Health and Safety Risks
  • Reading D: Emergency Plans Fact Sheet
  • Reading E: Information Sheet – Incident Notification
  • Reading F: Employee and Other Workers

Important note to students: The Readings contained in these readings are a collection of extracts from various books, articles, and other publications. The Readings have been replicated exactly from their original source, meaning that any errors in the original document will be transferred into this Book of Readings. In addition, if a Reading originates from an American source, it will maintain its American spelling and terminology. IAH is committed to providing you with high quality study materials and trusts that you will find these Readings beneficial and enjoyable.

Sub Topics
A wide shot of a person reading in an office

Archer. R., Ruschena. L., Bogna. F., Travers. M., & Borthwick. K. (2021). Introducing Health and Safety WHS: A Management Guide (6 Ed). pp. 13-18. Cengage Learning Australia Pty Limited.

The Institutional Framework

To address developments in health and safety, Australia has created an institutional framework involving key players, often with differing interests (see Table 1.2).

Table 1.2 Key players and their interests

Key Players Interests
Workers
  • Avoid risks to health and safety.
  • Have good quality of working life
  • Be adequately compensated for any injury or illness
Employers
  • Meet organizational objectives
  • Reduce costs
  • Comply with the law
Governments
  • Protect the community
  • Build the economy and employment
  • Reduce costs
Insurers
  • Expand business
  • Be competitive
Health and safety professionals: nurses; ergonomists; occupational physicians, hygienists, psychologists, therapists; safety engineers and rehabilitation providers
  • Assist workers and employers
  • Build professional capacity

In addition to these immediate players are the associations representing workers, such as unions, trade associations, state and territory trades and labour councils, the Australian Council of Trade Unions (ACTU), employers’ peak bodies, such as the Australian Chamber of Commerce and Industry (ACCI) and specific industry associations, and, finally, insurer and health professional bodies. Other players include the courts, lawyers dealing with health and safety and compensation law, standards bodies, scientists carrying out research into hazards, and health and safety consultants.

There are also international bodies active in health and safety that governments and others recognise as having a role to play, such as the ILO [International Labour Organization] and the WHO [World Health Organization]. Australia has ratified the ILO’s Convention on Occupational Safety and Health (No. 155), which requires countries to implement a national policy on occupational health and safety in the workplace. Australia has also signed the G20 Labour and Employment Ministerial Declaration (2014), containing Annex C: G20 Statement on Safer and Healthier Workplaces, detailing explicit guidelines for national policy implementation.

Consultation and Cooperation

The improvement of health and safety depends on a variety of participants cooperating at times when their interests do not always point them in the same direction.

Australia has tried to build consensus among these participants and direct activities towards agreed goals using health and safety legislation and commissions – government supported bodies in which players meet to determine policy and strategy.

Under Australia’s federal system, there are three levels at which players are brought together (see Fig. 1.5).

Three levels of cooperation:

  • Federal
  • Jurisdictional
  • Workplace

Federal Level

In 2009, Safe Work Australia (SWA) was created to take over from the Australian Safety and Compensation Council (ASCC), which was the successor to the National Occupational Health and Safety Commission (NOHSC).

Safe Work Australia

Safe Work Australia is an Australian Government statutory agency (a body created by an Act of Parliament) that:

  • Coordinates and develops national policies and strategies
  • Assists with the implementation of model work health and safety legislation and reform the legislative framework
  • Undertakes research
  • Collects, analyses and reports data.

It is tripartite (made up of representatives of the three groups: government, labour and business) and comprises 15 members, including an independent chair, nine members representing the Commonwealth and each state and territory, two representing the interests of workers, two representing the interests of employers and the CEO of SWA.

Safe Work Australia oversees the adopted National Strategy and continues to be instrumental in harmonising law using the Model WHS Act. SWA collects health and safety statistics. Its annual report, ‘Compendium of Workers’ compensation statistics Australia’, gives an overview of health and safety in Australia, showing trends based on accepted workers’ compensation claims.

Safe Work Australia is not a regulatory authority. It does not pass or enforce laws. Health and safety laws in Australia operate in each of the state, territory and Commonwealth jurisdictions, and are administered by each jurisdiction’s regulators; for example, SafeWork NSW.

Two other bodies also need mentioning – the National Industrial Chemicals Notification and Assessment Scheme and the Office of the Federal Safety Commissioner.

The National Industrial Chemicals Notification and Assessment Scheme

The Australian Government’s industrial chemical safety regulator, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS), was established in 1990. NICNAS provides a national notification and assessment scheme to protect the health of the public, workers and the environment from the harmful effect of industrial chemicals. It assesses all chemicals new to Australia and assesses those chemicals already used on a priority basis, in response to concerns about their safety on health and environmental grounds. NICNAS produces the Chemical Gazette and the Australian Inventory of Chemical Substances (AICS), which lists more than 40 000 chemicals. The latter is a very useful free online database.

Office of the Federal Safety Commissioner

Established in 2005, the Office of the Federal Safety Commissioner (OFSC) works with industry and government stakeholders to achieving workplace health and safety standards on Australian building and construction projects. The OFSC accredits builders entering into head contracts for building work that is funded by the Australian Government enabling it to improve the industry’s WHS performance. To do so, the OSFC uses audit criteria which can be developed for other industries and organisations (see Chapter 14).

Jurisdictional Level

Because the Constitution does not give the Commonwealth general power to legislate for health and safety, there are nine principal jurisdictions in Australia – eight state and territory and one Commonwealth. Here, we find WHS acts and government regulators whose role it is to administer their legislation; for example, collect incident data, provide information and carry out inspections and prosecutions.

In addition, governments support commissions overseeing health and safety matters, including compensation and injury management. We find government, employers, unions, insurers and others debating policy and strategy.

Workplace Level

Finally, at the workplace or organisation level, there are employers, workers and, sometimes, union representatives and health and safety professionals meeting on workplace health and safety issues. In larger workplaces or organisations, this also involves health and safety committees (HSCs). We talk in more detail of HSCs later. It is here at the workplace level where we see whether health and safety is successful or not. It is here we see the final outcome.

The experience of working in this framework over many years has led to a consensus that the critical elements within an organisation determining WHS performance, and these are set out in Table 1.3.

Table 1.3 Critical elements within an organisation in determining WHS

Key Players Interests
Commitment Does senior management make health and safety a priority – planning, funding, training, reporting etc.? How is this communicated? Is everyone committed?
Consultation Are workers and their representatives involved in WHS decision making at the earliest stages? Do the consultative arrangements have support? Is WHS communication between managers and workers open and two-way?
System Are there policies and procedures? Is there an effective WHS organisation and program for the systematic identification of hazards and management of risk? Is performance monitored, measured, audited and reviewed to ensure continuous improvement?
Culture Is everyone aware of and sensitive to hazards and risks? Do people talk about health and safety? Are they empowered to report hazards?

All four elements are necessary, as set out in the model in Figure 1.6.

The health and safety system of policies, procedures and practices – the machinery – lies at the core; however, it must be fuelled by active management commitment, a spirit of genuine consultation and a robust health and safety culture. In the following chapters, we explain the importance of those elements and how the health and safety manager can help to build them. First, in Chapter 2 we examine the law covering health and safety.

A person typing on a laptop

The Smith Family. (2021). Workplace Health and Safety Policy.

Policy Overview and Principles

1.1 Policy Statement

The purpose of this Policy is to document the governing principles that will guide Workplace Health & Safety (WHS) management at The Smith Family.

The Smith Family is committed to complying with the relevant state WHS legislation and other relevant safety recommendations including codes of practice and/or Australian Standards.

The Smith Family is committed to providing team members, clients and stakeholders with a healthy and safe environment, and will integrate health and safety into all aspects of its operations.

A further commitment and key objective of The Smith Family is to improve workplace health and safety performance across the organisation to reduce or eliminate workplace injury and illness and to promote a positive and proactive WHS Management System based on effective communication, engagement and consultation regarding all safety matters. The WHS Management System manages safety hazards through systematic hazard identification, assessment, control and resolution.

1.2 Scope

This Policy outlines the approach to Workplace Health & Safety (WHS) at The Smith Family including the governing principles that will apply to all related WHS Policies and Procedures.

This Policy applies to the person conducting a business or undertaking (the PCBU) and all Officers, Workers and Visitors as defined in Section 1.3 below and in the Work Health and Safety Act 2011.

1.3 Definitions

Person conducting a business or undertaking (PCBU): an individual, business or organisation that is conducting a business.

Officer: (in the context of this policy) an officer within the meaning of section 9 of the Corporations Act 2001.

Worker: any person who carries out work for The Smith Family including employees, trainees, work experience students, volunteers and affiliates, outworkers, contractors or sub-contractors, employees of a contractor or sub-contractor and employees of a labour hire company assigned to work for The Smith Family.

Visitor: any person who visits Smith Family premises and is not classified as a Worker. Visitors include, but are not limited to: students, conference and function attendees, families and friends of workers and community visitors.

1.4 Responsibilities and approvals

This Policy is approved by The Smith Family’s Board.

The Policy Owner is The Smith Family’s People & Culture Committee.

The Smith Family’s Executive Group, comprising Officers of the organisation, is responsible for implementation of the Policy.

Refer to Appendix A – Document Information for Policy review requirements.

1.5 Legislative context

The Smith Family is bound by Workplace Health and Safety legislation in all States and Territories and aims to meet its legal obligations by complying with this legislation as well as by complying with relevant codes of practice and/or Australian Standards.

1.6 Key principles

The Smith Family is committed to providing team members, clients and stakeholders with a healthy and safe environment, and will integrate health and safety into all aspects of its operations.

The Smith Family will work to achieve this objective by using its best endeavours to establish a work environment that eliminates or reduces risks to health and safety in its workplaces by applying the following governing principles to its Workplace Health & Safety management.

The Smith Family aims to:

  • maintain a health and safety management system which meets legal requirements and the requirements of this Policy
  • establish annual, measurable WHS objectives and targets with assigned responsibilities for their achievement
  • comply with all relevant legislation and industry standards
  • train, support, assist and resource team members to work safely
  • enhance the effectiveness of WHS procedures through consultation with team members and other relevant stakeholders
  • implement a health and safety risk management process to ensure that all workplace hazards are identified, assessed and controlled, or otherwise managed where they are not able to be eliminated 
  • ensure that effective return to work processes are in place
  • monitor and report WHS performance monthly to both the Executive Group and the Board 
  • conduct formal annual reviews and evaluations of its WHS systems.

All team members must comply with the above governing principles.

Those people who are in leadership and/or supervisory roles have a core responsibility to uphold and demonstrate leadership in relation to these governing principles.

2 Procedures and guidelines

2.1 Introduction

This Workplace Health & Safety Policy provides the governing principles in relation to WHS management at The Smith Family.

All associated WHS policies and procedures will support and be consistent with this Policy.

Detailed procedures and guidelines for WHS can be found in The Smith Family’s Work Health and Safety Management System Manual. The manual provides detailed information and directions in the following areas:

  • Management and Team Responsibilities 
  • Consultation and Communication 
  • Risk Management and Process Control 
  • How to Manage WHS Risks 
  • Documents and Records Management 
  • Training

The following sections outline the key elements that form part of The Smith Family’s unified system for ensuring organisational compliance with the Work Health and Safety Act and Regulations and for improving its WHS performance.

2.2 Objectives and Key Performance Indicators

The Smith Family is committed to reducing or eliminating workplace injury and illness. To meet this commitment, WHS Improvement Plans are required to be put in place each year as part of the annual planning process. These plans are based on the WHS objectives and key performance indicators in The Smith Family’s business planning and reporting processes and have the following aims as their basis:

  • reducing the frequency and severity of risks to team members, volunteers, clients, contractors and visitors' safety 
  • preventing occupational injury, illness and disease, or where prevention is not possible, reducing their impact 
  • training, supporting and motivating team members, volunteers, clients and contractors to identify, report and manage hazards effectively, consulting with workers on workplace health and safety matters through appropriate consultation mechanisms.

2.3 Management responsibility

Officers, including the organisation’s directors, have a duty to exercise “due diligence” to ensure that the organisation fulfils its health and safety obligations under the Work Health and Safety Act 2011.

The Smith Family also recognises that effective, diligent leadership in WHS requires senior managers to participate actively in the review and implementation of WHS strategies and activities across the organisation.

To promote consistency and clarity across the organisation The Smith Family has adopted the Code of Practice - How to Manage Work Health and Safety Risks (under section 274 of the Work Health and Safety Act 2011) in the Work Health and Safety Management System Manual. This is a practical guide to achieving standards set out under the Act and its application is an important element of the organisation’s compliance and risk management activities.

Specific responsibilities are:

  • The Executive Group has responsibility for, and is committed to, the effective implementation of the Workplace Health and Safety Policy.
  • The Executive Group, National Managers and General Managers will support other managers and team leaders to fulfil their health and safety responsibilities and accountabilities within their areas of responsibility.
  • The People & Culture Committee (along with the Finance, Audit and Risk Committee) assists the Board in its governance role of ensuring that the organisation operates effectively, efficiently, ethically and legally by monitoring and/or assessing the degree of compliance with statutory and regulatory requirements and reasonable community expectations, with particular emphasis on Work Health & Safety requirements and the review of actions proposed by management in relation to health and safety, prior to its making recommendations to the Board.
  • All workers and visitors have a responsibility to take reasonable care for their own safety and the safety of others and to comply with any reasonable instruction, policy or procedures of The Smith Family in relation to health and safety.
  • The People and Culture team is available to provide advice regarding specific health and safety matters, update management on legislative changes and assist with the development, implementation and monitoring of this Policy and the Workplace Health and Safety Management System.

2.4 Consultative forums

The Smith Family will adopt appropriate consultative mechanisms, in accordance with relevant legislative requirements, to suit its nationally-dispersed workforce. These mechanisms will include use of WHS committees and representatives, working groups, working parties, focus groups, periodic team member meetings and other forums or approaches to maximise relevant contributions from affected team members.

Where necessary, The Smith Family will also consult, coordinate and cooperate with contractors and other persons present in its workplace as to handling of relevant WHS matters.

2.5 WHS policies, systems, procedures and guidelines

Specific WHS policies, procedures and guidelines addressing WHS issues in the organisation’s WHS Management System are and will continue to be produced in consultation with relevant team members and/or team member representatives. Priority areas are established based on formal risk assessment procedures contained in the Work Health and Safety Management System Manual and/or feedback via reporting mechanisms and ongoing consultation.

All WHS documents are located centrally on SmithNet, The Smith Family’s intranet, for easy access.

Policies and procedures instituted for complying with legal obligations are regularly monitored through internal management reporting arrangements and reviewed for amendment as required.

Mandatory on-line WHS training for new team members is completed upon commencement and refresher WHS training for all team members is conducted every two years.

2.6 WHS reporting

A system of reporting is in place in The Smith Family for monitoring the objectives and targets for health and safety aimed at the elimination of work-related physical and psychological illness and injury. Reporting is channelled through relevant managers/supervisors to ensure appropriate investigation and corrective action of identified issues.

Information is also compiled and reported to senior managers of the organisation in order to maintain a high profile for WHS matters throughout the organisation. The Smith Family acknowledges the importance of acquiring and maintaining up-to-date knowledge of health and safety matters to inform senior managers and promote best practice in its workplaces.

In addition to internal reporting, and where required, reports are made to appropriate external authorities within stipulated timelines.

2.7 Supporting documents

Associated WHS policies and procedures can be accessed via the links below, on the People and Culture page of SmithNet, or by contacting a member of the People and Culture team.

The principal WHS policies of The Smith Family cover the following:

  • Work Health and Safety Management System Manual
  • Work Health and Safety Consultation
  • Work Health and Safety Risk Management Guidelines
  • Work Health and Safety Procedures Guide
  • Work Environment Policy
  • Return to Work and Injury Management procedures
  • Emergency Management Plans
  • Manual Handling Policy
  • Managing Stress Policy
  • Long Distance Driving and Remote Travel Policy
  • Contractors Policy
A person writing on a clipboard

Introduction

Who has duties for managing work health and safety risks?

Duty holders who have a role in managing work health and safety risks include:

  • persons conducting a business or undertaking (PCBUs)
  • designers, manufacturers, importers, suppliers and installers of plant, substances or structures, and
  • officers.

Workers and other persons at the workplace also have duties under the WHS Act, such as the duty to take reasonable care for their own health and safety at the workplace.

A person can have more than one duty and more than one person can have the same duty at the same time.

Person conducting a business or undertaking

WHS Act section 19

Primary duty of care

A PCBU must eliminate risks in the workplace, or if that is not reasonably practicable, minimise the risks so far as is reasonably practicable.

The WHS Regulations include more specific requirements for PCBUs to manage the risks of hazardous chemicals, airborne contaminants and plant, as well as other hazards associated with the workplace.

PCBUs have a duty to consult workers about work health and safety and may also have duties to consult, cooperate and coordinate with other duty holders.

Examples of where a PCBU will have a health and safety duty include when:

  • the PCBU engages workers to carry out work 
  • the PCBU directs or influences workers in carrying out work
  • other people may be put at risk from work carried in their business or undertaking, and
  • the PCBU manages or controls a workplace or fixtures, fittings or plant at the workplace.

Officers

WHS Act section 27

Duty of officers

Officers, such as company directors, have a duty to exercise due diligence to ensure the PCBU complies with the WHS Act and WHS Regulations. This includes taking reasonable steps to gain an understanding of the hazards and risks associated with the operations of the business or undertaking, and ensure the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks to health and safety.

Further information on who is an officer and their duties is available in the Interpretive Guideline: The health and safety duty of an officer under section 27.

Designers, manufacturers, importers and suppliers of plant, substances or structures

WHS Act Part 2 Division 3

Further duties of persons conducting businesses or undertakings

Designers, manufacturers, importers and suppliers of plant, substances or structures must ensure, so far as is reasonably practicable, the plant, substance or structure they design, manufacture, import or supply is without risks to health and safety. This duty includes carrying out testing and analysis as well as providing specific information about the plant, substance or structure.

The WHS Regulations include a number of specific requirements for consultation and information sharing to assist in meeting these duties, for example:

  • manufacturers to consult with designers of plant
  • importers to consult with designers and manufacturers of plant, and
  • the person who commissions construction work to consult with the designer of the structure.

Workers

WHS Act section 28

Duties of workers

Workers have a duty to take reasonable care for their own health and safety and to not adversely affect the health and safety of other persons. Workers must comply with reasonable instructions, as far as they are reasonably able, and cooperate with reasonable health and safety policies or procedures that have been notified to workers. If personal protective equipment (PPE) is provided by the business or undertaking, the worker must so far as they are reasonably able, use or wear it in accordance with the information and instruction and training provided.

Other persons at the workplace

WHS Act section 29

Duties of other persons at the workplace

Other persons at the workplace, like visitors, must take reasonable care for their own health and safety and must take reasonable care not to adversely affect other people’s health and safety. They must comply, so far as they are reasonably able, with reasonable instructions given by the PCBU to allow that person to comply with the WHS Act.

What is involved in managing risks?

Management commitment

Effective risk management starts with a commitment to health and safety from those who operate and manage the business or undertaking. You also need the involvement and cooperation of your workers, supply chain partners, and other businesses you work with. Management commitment is about demonstrating you are serious about health and safety and influencing other duty holders in the workplace.

To demonstrate your commitment, you should:

  • get involved in health and safety issues so that you understand the hazards and risk associated with your operations
  • consult workers and other duty holders on the hazards and risk, and how to control them
  • invest time and money in health and safety
  • ensure you and your workers clearly understand health and safety responsibilities and have the knowledge and skill to do tasks safely, and
  • apply health and safety values and behaviours to your own work practices.

A step-by-step process

A safe and healthy workplace does not happen by chance or guesswork. You have to think about what could go wrong at your workplace and what the consequences could be. Then you must do whatever you can (in other words, whatever is ‘reasonably practicable’) to eliminate or minimise health and safety risks arising from your business or undertaking.

This process is known as risk management and involves the four steps set out in this Code (see below):

  • Identify hazards—find out what could cause harm.
  • Assess risks, if necessary—understand the nature of the harm that could be caused by the hazard, how serious the harm could be and the likelihood of it happening. This step may not be necessary if you are dealing with a known risk with known controls.
  • Control risks – implement the most effective control measure that is reasonably practicable in the circumstances and ensure it remains effective over time.
  • Review hazards and control measures to ensure they are working as planned.

This process will be implemented in different ways depending on the size and nature of your business or undertaking. Larger businesses and those in sectors where workers are exposed to more or higher risks are likely to need more complex, sophisticated risk management processes.

Examples demonstrating how to manage work health and safety risks in consultation with workers are at Appendix B.

Determining what is ‘reasonably practicable’

Deciding what is ‘reasonably practicable’ to protect people from harm requires taking into account and weighing up all relevant matters, including:

  • the likelihood of the hazard or risk concerned occurring
  • the degree of harm that might result from the hazard or risk
  • knowledge about the hazard or risk, and ways of eliminating or minimising the risk
  • the availability and suitability of ways to eliminate or minimise the risk, and
  • after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Further information is available in the Interpretive Guideline: The meaning of ‘reasonably practicable’. The process of managing risk described in this Code will help you decide what is reasonably practicable in particular situations so that you can meet your duty of care under the WHS laws.

A diagram showing risk management process

Many hazards and their associated risks are well known and have well established and accepted control measures. In these situations, the second step to formally assess the risk is unnecessary. If, after identifying a hazard, you already know the risk and how to control it effectively, you can implement the controls without undertaking a risk assessment.

Risk management is a proactive process that helps you respond to change and facilitate continuous improvement in your business. It should be planned, systematic and cover all reasonably foreseeable hazards and associated risks.

Consulting workers

WHS Act section 47

Duty to consult workers

WHS Act section 48

Nature of Consultation

A PCBU must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter.

This duty to consult is based on the recognition that worker input and participation improves decision-making about health and safety matters and assists in reducing work-related injuries and disease.

The broad definition of a ‘worker’ under the WHS Act means a PCBU must consult, so far as is reasonably practicable, with contractors and sub-contractors and their employees, on-hire workers, outworkers, apprentices, trainees, work experience students, volunteers and other people who are working for the PCBU and who are, or are likely to be, directly affected by a health and safety matter.

Workers are entitled to take part in consultations and to be represented in consultations by a health and safety representative who has been elected to represent their work group.

Consultation with workers and their health and safety representatives is required at each step of the risk management process. By drawing on the experience, knowledge and ideas of your workers you are more likely to identify all hazards and choose effective control measures.

You should encourage your workers to report any hazards and health and safety problems immediately so that risks can be managed before an incident occurs.

If you have a health and safety committee, you should engage the committee in the risk management process as well.

Consulting, cooperating and coordinating activities with other duty holders

WHS Act section 46

Duty to consult with other duty holders

The WHS Act requires that a PCBU to consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.

There is often more than one business or undertaking involved in the same activities or who share the same workplace who may each have responsibility for the same health and safety matters, either because they are involved in the same activities or share the same workplace.

In these situations, each duty holder should exchange information to find out who is doing what and work together in a cooperative and coordinated way so risks are eliminated or minimised so far as is reasonably practicable.

For example, if you engage labour hire workers as part of your workforce you share a duty of care to these workers with the business that provides them. In these situations, you must discuss the hazards and risks associated with the work and what precautions will be taken with the labour hire firm.

Never assume that someone else is taking care of a health and safety matter. Find out who is doing what and work together with other duty holders in a cooperative and coordinated way so risks are eliminated or minimised as far as reasonably practicable.

When entering into contracts you should communicate your safety requirements and policies, review the job to be undertaken, discuss any safety issues that may arise and how they will be dealt with. Remember that you cannot transfer your responsibilities to another person.

Further guidance on WHS consultation is available in the Code of Practice: Work health and safety consultation, cooperation and coordination.

When should a risk management approach be used?

Managing work health and safety risks is an ongoing process that needs attention over time, but particularly when any changes affect your work activities. Examples of when you should work through the steps in this Code include:

  • starting a new business
  • expanding or purchasing an existing business
  • changing work practices, procedures or the work environment
  • changing organisational structure or job roles
  • introducing new workers or returning workers to the workplace
  • purchasing new or used equipment or using new substances
  • working with a new supplier or new commissioner of your services
  • planning to improve productivity or reduce costs
  • new information about workplace risks becomes available
  • responding to workplace incidents (even if they have caused no injury)
  • responding to concerns raised by workers, health and safety representatives or others at the workplace, or
  • required by the WHS regulations for specific hazards.

It is also important to use the risk management approach when designing and planning products, processes or places used for work, because it is often easier and more effective to eliminate hazards before they are introduced into a workplace by incorporating safety features at the design stage.

The risk management process outlined in this Code should be applied to both physical and psychological risks. Further guidance specific to psychological risks is available in the Guide: Integrated approach to work-related psychosocial health and safety and the Guide for preventing and responding to workplace bullying.

Step 1—How to identify hazards

Identifying hazards in the workplace involves finding things and situations that could potentially cause harm to people. Hazards generally arise from the following aspects of work and their interaction:

  • physical work environment
  • equipment, materials and substances used
  • work tasks and how they are performed, and
  • work design and management.

Table 1 below lists some common types of workplace hazards. Some hazards are part of the work process, such as mechanical hazards, noise or toxic properties of substances. Other hazards result from equipment or machine failures and misuse, chemical spills and structural failures, or where work demands exceed a worker’s ability to cope.

A piece of plant, substance or a work process may have many different hazards. Each of these hazards needs to be identified. For example, a production line may have dangerous moving parts, noise, hazards associated with manual tasks and psychosocial hazards due to the pace of work.

Table 1 Examples of common hazards

Hazard Example Potential harm
Manual tasks Tasks involving sustained or awkward postures, high or sudden force, repetitive movements or vibration Musculoskeletal disorders such as damage to joints, ligaments and muscles
Gravity Falling objects, falls, slips and trips of people Fractures, bruises, lacerations, dislocations, concussion, permanent injuries or death
Psychosocial Excessive time pressure, bullying, violence and work-related fatigue Psychological or physical injury or illness
Electricity Exposure to live electrical wires Shock, burns, damage to organs and nerves leading to permanent injuries or death
Machinery and equipment Being hit by moving vehicles, or being caught in moving parts of machinery Fractures, bruises, lacerations, dislocations, permanent injuries or death
Hazardous chemicals Acids, hydrocarbons, heavy metals, asbestos and silica Respiratory illnesses, cancers or dermatitis
Extreme temperatures Heat and cold

Heat can cause burns and heat stroke or injuries due to fatigue

Cold can cause hypothermia or frost bite

Noise Exposure to loud noise Permanent hearing damage 
Radiation Ultra violet, welding arc flashes, micro waves and lasers Burns, cancer or blindness
Biological Micro-organisms Hepatitis, legionnaires’ disease, Q fever, HIV/AIDS or allergies

How to find hazards

Inspect the workplace

As a person conducting a business or undertaking (PCBU), regularly walking around the workplace and observing how things are done can help you predict what could or might go wrong. Look at how people actually work, how plant and equipment are used, what chemicals are around and what they are used for, what safe or unsafe work practices exist as well as the general state of housekeeping.

Things to look out for include the following:

  • Does the work environment enable workers to carry out work without risks to health and safety (for example, space for unobstructed movement, adequate ventilation, lighting)?
  • How is work performed, including the physical, mental and emotional demands of the tasks and activities?
  • How suitable are the tools and equipment for the task and how well are they maintained?
  • How do workers, managers, supervisors and others interact and how are inappropriate behaviours or conflicts dealt with?
  • Have any changes occurred in the workplace which may affect health and safety?

Hazards are not always obvious. Some hazards can affect health over a long period of time or may result in stress (such as bullying) or fatigue (such as shiftwork). Also think about hazards that you may bring into your workplace with new, used or hired goods (for example, worn insulation on a hired welding set).

As you walk around, you may spot straightforward problems and action should be taken on these immediately, for example cleaning up a spill. If you find a situation where there is immediate or significant danger to people, move those persons to a safer location first and attend to the hazard urgently. Follow up on why the situation occurred to identify additional hazards and risks.

Make a list of the hazards you find, including the ones you know are already being dealt with, to ensure that nothing is missed. This list can be kept and updated next time you do an inspection. You may use a checklist designed to suit your workplace to help you find and make a note of hazards.

Good work design and safe design

The best chance to find ways to eliminate hazards and minimise risks is during the design phase.

Effective design of ‘good work’ considers the work tasks, work systems, the physical working environment, and the workers and others in the workplace. For more information on good work design principles, see Principles of good work design: A work health and safety handbook.

Safe design of buildings, structures, equipment and vehicles accounts for the hazards and risks present at all stages of the product’s lifecycle. For more information on safe design principles and how to achieve safe design, see Guidance on the principles of safe design for work and the Code of Practice: Safe design of structures.

Consult your workers

Ask your workers about any health and safety problems they have encountered in doing their work and any near misses or incidents that have not been reported.

Worker surveys may also be undertaken to obtain information about matters such as workplace bullying, as well as muscular aches and pains that can signal potential hazards.

Consult your supply chains and networks

Talk with your suppliers or those commissioning your services to understand each other’s needs and identify any hazards and risks. For example, hazards may relate to frequent pressure to deliver services in very tight timeframes or to delay service delivery for long periods which reduce workers’ opportunities to rest. Other hazards may relate to packaging products in ways that increase workers’ risks of musculoskeletal injury or exposure to hazardous chemicals.

When people within a supply chain act cooperatively they can exert greater influence on health and safety than when acting alone.

Review available information

Information and advice about hazards and risks relevant to particular industries and types of work is available from regulators, industry associations, unions, technical specialists and safety consultants.

Manufacturers and suppliers can also provide information about hazards and safety precautions for specific substances (safety data sheets), plant or processes (instruction manuals).

Analyse your records of health monitoring, workplace incidents, near misses, worker complaints, sick leave and the results of any inspections and investigations to identify hazards. If someone has been harmed doing a particular task, then a hazard exists that could hurt someone else. These incidents need to be investigated to find the hazard that caused the injury or illness.

Step 2—How to assess risks

A risk assessment involves considering what could happen if someone is exposed to a hazard and the likelihood of it happening. A risk assessment can help you, as a person conducting a business or undertaking (PCBU), to determine:

  • how severe a risk is
  • whether any existing control measures are effective 
  • what action you should take to control the risk, and
  • how urgently the action needs to be taken.

Many hazards and their associated risks are well known and have well established and accepted control measures. In these situations, the second step to formally assess the risk is not required. If after identifying a hazard you already know the risk and how to control it effectively, you may simply implement the controls.

A risk assessment can be undertaken with varying degrees of detail depending on the type of hazard and the information, data and resources that you have available. It can be as simple as a discussion with your workers or involve specific risk analysis tools and techniques developed for specific risks or recommended by safety professionals. For some complex situations, expert or specialist advice may be useful when conducting a risk assessment.

When should a risk assessment be carried out?

A risk assessment should be done when:

  • there is uncertainty about how a hazard may result in injury or illness
  • the work activity involves a number of different hazards and there is a lack of understanding about how the hazards may interact with each other to produce new or greater risks, or
  • changes at the workplace occur that may impact on the effectiveness of control measures.

In some circumstances, a risk assessment will assist to:

  • identify which workers are at risk of exposure
  • determine what sources and processes are causing the risk
  • identify if and what kind of control measures should be implemented, and
  • check the effectiveness of existing control measures.

A risk assessment is mandatory under the WHS Regulations for certain activities that are high risk such as, but not limited to, entry into confined spaces, diving work and live electrical work.

Some hazards that have exposure standards, such as noise and airborne contaminants, may require scientific testing or measurement by a competent person to accurately assess the risk and to check that the relevant exposure standard is not being exceeded (for example, by using noise meters to measure noise levels and using gas detectors to analyse oxygen levels in confined spaces).

A risk assessment is not required when legislation requires a hazard or risk to be controlled in a specific way—these requirements must be complied with.

A detailed risk assessment may not be required in the following situations:

  • A code of practice or other guidance sets out a way of controlling a hazard or risk that is applicable to your situation.
  • There are well-known and effective controls that are in use in the particular industry that are suited to the circumstances in your workplace.

In these situations, you may be able to simply implement these control measures.

A risk assessment may be appropriate to reuse in situations where all the hazards, tasks, things, workers or circumstances are the same and no worker or other person will be exposed to greater, additional or different risks. However, as stated above, if there are any changes at the workplace, a new risk assessment should be performed.

How to do a risk assessment

Hazards have the potential to cause different types and severities of harm, ranging from minor discomfort to a serious injury or death.

For example, heavy liquefied petroleum gas (LPG) cylinders can cause muscular strain when they are handled manually. However, if the cylinder is damaged causing gas to leak, which is then ignited, a fire could result in serious burns. If that leak occurs in a storeroom or similar enclosed space, it could result in an explosion that could destroy the building and kill or injure anyone nearby. Each of the outcomes involves a different type of harm with a range of severities, and each has a different likelihood of occurrence.

The risk will increase as the severity and likelihood of harm increases.

Work out how hazards may cause harm

In most cases, incidents occur as a result of a chain of events and a failure of one or more links in that chain. If one or more of the events can be stopped or changed, the risk may be eliminated or reduced.

One way of working out the chain of events is to determine the starting point where things begin to go wrong and then consider: ‘If this happens, what may happen next?’ This will provide a list of events that sooner or later cause harm. See the example in Appendix C.

In thinking about how each hazard may cause harm, you should consider:

  • the effectiveness of existing control measures and whether they control all types of harm
  • how work is actually done, rather than relying on written manuals and procedures, and
  • infrequent or abnormal situations, as well as how things are normally meant to occur.

Consider how harm could be caused during maintenance and cleaning, as well as breakdowns of equipment and failures of health and safety controls.

Work out how severe the harm could be

To estimate the severity of harm that could result from each hazard you should consider the following questions:

  • What type of harm could occur (for example muscular strain, injuries due to fatigue, psychological injury, burns, laceration)? How severe is the harm? Could the hazard cause death, serious injuries, illness or only minor injuries requiring first aid?
  • What factors could influence the severity of harm that occurs? For example, the distance someone might fall or the concentration of a particular substance will determine the level of harm that is possible. The harm may occur immediately if something goes wrong (for example injury from a fall) or it may take time for it to become apparent (for example illness from long-term exposure to a substance or to excessive work demands).
  • Do you need to use specific tools or processes to assess how severe the harm could be? This could include sending samples to a lab for testing or arranging noise exposure level testing.
  • How many people are exposed to the hazard and how many could be harmed in and outside your workplace? For example, a mobile crane collapse on a busy construction site has the potential to kill or injure a large number of people.
  • Could one failure lead to other failures? For example, could the failure of your electrical supply make any control measures that rely on electricity ineffective?
  • Could a small event escalate to a much larger event with more serious consequences? For example, a minor fire can get out of control quickly in the presence of large amounts of combustible materials.

Work out the likelihood of harm occurring

The likelihood that someone will be harmed can be estimated by considering the following:

  • How often is the task done? Does this make the harm more or less likely?
  • How often are people near the hazard? How close do people get to it?
  • Has it ever happened before, either in your workplace or somewhere else? How often?

Table 2 contains further questions that can help you estimate likelihood.

You can rate the likelihood as one of the following:

  • Certain to occur—expected to occur in most circumstances
  • Very likely—will probably occur in most circumstances
  • Possible—might occur occasionally
  • Unlikely—could happen at some time
  • Rare—may happen only in exceptional circumstances.

Table 2 Questions to help estimate likelihood of harm occurring

Questions Explanation and examples
How often are people exposed to the hazard?

A hazard may exist all of the time or it may only exist occasionally. The more often a hazard is present, the greater the likelihood it will result in harm.

For example: 

  • Meshing gears in an enclosed gearbox can cause crushing only if the gearbox is open during maintenance, and therefore the potential for harm will not occur very often.
  • Continuously lifting heavy boxes has the potential to cause harm whenever the work is done.
How long might people be exposed to the hazard?

The longer that someone is exposed to a hazard, the greater the likelihood that harm may result.

For example:

  • The longer a person is exposed to noisy work, the more likely it is that they will suffer hearing loss.
How effective are current controls in reducing risk?

In most cases the risks being assessed will already be subject to some control measures. The likelihood of harm resulting from the risk will depend upon how adequate and effective the current measures are.

For example:

  • Traffic management controls have been implemented in a warehouse to separate moving forklifts from pedestrians by using signs and painted lines on the floor. These controls may need to be upgraded to include physical barriers.
Could any changes in your organisation increase the likelihood?

The demand for goods or services in many organisations varies throughout the year. Changes in demand may be seasonal, depend on environmental conditions or be affected by market fluctuations that are driven by a range of events. Meeting increased demand may cause unusual loads on people, plant and equipment and systems of work. Failures may be more likely.

For example:

  • Inner city restaurants and bistros are very busy in the period prior to Christmas, placing extra demands on kitchen and serving staff. The increase in volume of food to be prepared and serving a larger number of patrons increases the potential for human error and the likelihood of harm.
Are hazards more likely to cause harm because of the working environment? Examples of situations where the risk of injury or illness may become more likely:
  • Environmental conditions change. For example, work performed in high temperatures in a small space increases the potential for mistakes because workers become fatigued more quickly; wet conditions make walkways and other things slippery.
  • People are required to work quickly. The rate at which work is done (e.g. number of repetitions) can over-stress a person’s body or make it more likely that mistakes will be made.
  • There is insufficient light or poor ventilation.
Could the way people act and behave affect the likelihood of a hazard causing harm? The possibility that people may make mistakes, misuse items, become distracted or panic in particular situations needs to be taken into account. The effects of fatigue or stress may make it more likely that harm will occur.
Do the differences between individuals in the workplace make it more likely for harm to occur? Workers are not all the same and individual variability should be considered, for example:
  • People respond to stress at work in different ways, which means some workers are more susceptible to harm.
  • People with disabilities may be more likely to suffer harm if the workplace or process is not designed for their needs.
  • New or young workers may be more likely to suffer harm because of inexperience.
  • People who do not normally work at the workplace will have less knowledge than employees who normally work there, and may be more likely to suffer harm. These people include contractors, visitors or members of the public.

Step 3—How to control risks

The most important step in managing risks involves eliminating them so far as is reasonably practicable, or if that is not reasonably practicable, minimising the risks so far as is reasonably practicable.

In deciding how to control risks, as a person conducting a business or undertaking (PCBU), you must consult your workers and their representatives who will be directly affected by this decision. Their experience will help you choose appropriate control measures and their involvement will increase the level of acceptance of any changes that may be needed to the way they do their job.

There are many ways to control risks. Some control measures are more effective than others.

You must consider various control options and choose the control that most effectively eliminates the hazard or minimises the risk in the circumstances. This may involve a single control measure or a combination of different controls that together provide the highest level of protection that is reasonably practicable.

Some problems can be fixed easily and should be done straight away, while others will need more effort and planning to resolve. Of those requiring more effort, you should prioritise areas for action, focusing first on those hazards with the highest level of risk.

The hierarchy of control measures

The ways of controlling risks are ranked from the highest level of protection and reliability to the lowest as shown below. This ranking is known as the hierarchy of control measures.

The hierarchy of control measures can be applied in relation to any risk. The WHS Regulations make it mandatory for duty holders to work through this hierarchy when managing certain risks.

A diagram explaining the hierarchy of control

You must always aim to eliminate the risk, which is the most effective control. If this is not reasonably practicable, you must minimise the risk by working through the other alternatives in the hierarchy.

The lower levels in the hierarchy are less effective because controls that change the hazard or minimise exposure to the hazard can only minimise the risk. You cannot eliminate the risk without eliminating the hazard.

Administrative controls and personal protective equipment (PPE) are the least effective at minimising risk because they do not control the hazard at the source and rely on human behaviour and supervision. These control measures should only be used:

  • to supplement higher level control measures (as a back-up)
  • as a short-term interim measure until a more effective way of controlling the risk can be used, or
  • when there are no other practical control measures available (as a last resort).

Elimination

The most effective control measure involves eliminating the hazard and associated risk. The best way to do this is by, firstly, not introducing the hazard into the workplace. For example, you can eliminate the risk of a fall from height by doing the work at ground level.

Eliminating hazards is often cheaper and more practical to achieve at the design or planning stage of a product, process or place used for work. In these early phases, there is greater scope to design out hazards or incorporate risk control measures that are compatible with the original design and functional requirements. For example, not using a noisy machine will be more effective than providing workers with personal hearing protectors.

You can also eliminate risks by removing an existing hazard, for example, by removing trip hazards on the floor, disposing of unwanted chemicals, or not working in an isolated or remote area.

It may not be reasonably practicable to eliminate a hazard if doing so means that you cannot make the end product or deliver the service. If you cannot eliminate the hazard, then you must minimise as many of the risks associated with the hazard as reasonably practicable.

Substitution, isolation and engineering controls

If it is not reasonably practicable to eliminate the hazards and associated risks, you must minimise the risks using one or more of the following approaches, so far as is reasonably practicable.

Substitute the hazard with something safer

For instance, replace solvent-based paints with water-based ones or allow workers to have more control of line speed instead of pacing line work by computer.

Isolate the hazard from people

This involves physically separating the source of harm from people by distance or using barriers. For instance, install guardrails around exposed edges and holes in floors; use remote control systems to operate machinery; store chemicals in a fume cabinet; place barriers between workers and customers where there is a risk of assault.

Use engineering controls

An engineering control is a control measure that is physical in nature, including a mechanical device or process. For instance, use mechanical devices such as trolleys or hoists to move heavy loads; place guards around moving parts of machinery; install residual current devices (electrical safety switches); set work rates on a production line to reduce fatigue; install sound dampening measures to reduce exposure to unpleasant or hazardous noise.

Administrative controls

If risks remain, they must be minimised by implementing administrative controls, so far as is reasonably practicable. Administrative controls include work methods or procedures that are designed to minimise exposure to a hazard as well as the information, training and instruction needed to ensure workers can work safely. For instance, develop procedures on how to operate machinery safely, provide training and support to managers and workers to identify and manage health and safety risks, implement anti-bullying policies, limit exposure time to a hazardous task, and/or use signs to warn people of a hazard.

Some administrative measures will be necessary to ensure substitution, isolation and engineering controls are implemented effectively, for example, following safe work procedures when using equipment. See section 4.2 below for information on implementing control measures.

Personal protective equipment

Any remaining risks must be minimised with suitable PPE. Examples of PPE include ear muffs, respirators, face masks, hard hats, gloves, aprons and protective eyewear. PPE limits exposure to the harmful effects of a hazard but only if workers wear and use the PPE correctly.

WHS Regulation 44

Provision to workers and use of personal protective equipment

If PPE is to be used at the workplace, you must ensure the equipment is:

  • selected to minimise risk to health and safety, including by ensuring that the equipment is suitable for the nature of the work and any hazard associated with the work and is of suitable size and fit and reasonably comfortable for the worker who is to use or wear it
  • maintained, repaired and replaced so that is continues to minimise risk to the worker who uses it, including by ensuring that the equipment is clean and hygienic, and in good working order.

If you direct the carrying out of work, you must provide the worker with information, training and instruction in the proper use and wearing of PPE, and the storage and maintenance of PPE.

A worker must, so far as reasonably able, use or wear the PPE in accordance with any information, training or reasonable instruction and must not intentionally misuse or damage the equipment.

How to develop and implement control options

Information about suitable controls for many common hazards and risks can be obtained from:

  • codes of practice and guidance material 
  • manufacturers and suppliers of plant, substances and equipment used in your workplace, or
  • industry associations and unions.

In some cases, published information will provide guidance on the whole work process. In other cases, the guidance may relate to individual items of plant or how to safely use specific substances. You may use the recommended control options if they suit your situation and eliminate or minimise the risk.

Developing specific control measures

You may need to develop specific control measures if the available information is not relevant to the hazards and risks or circumstances at your workplace. This can be done by referring to the chain of events that were recorded during the risk assessment.

For each of the events in the sequence, ask: ‘What can be done to stop or change the event occurring?’ An example of this approach is shown in Appendix C.

Working through the events in the sequence will give you ideas about possible ways to eliminate or minimise the risk. There may be more than one solution for each of the events. The control option you choose should be:

  • one or more controls that provide the highest level of protection for people and is the most reliable—that is, controls located towards the top of the hierarchy in Figure 2
  • available—that is, it can be purchased, made to suit or be put in place, and
  • suitable for the circumstance in your workplace—that is, it will work properly given the workplace conditions, work process and your workers.

Where the hazard or risk has the potential to cause death, serious injury or illness, more emphasis should be given to those controls that eliminate or reduce the level of harm, than those that reduce the likelihood of harm occurring.

Make sure that your chosen solution does not introduce new hazards. If this is not possible, any new hazards or risks introduced will also need to be managed.

You may prepare a risk register that identifies the hazards, what action needs to be taken, who will be responsible for taking the action and by when. An example is provided at Appendix D.

Cost of control measures

All risks can be controlled and it is always possible to do something, such as stopping the activity or providing instructions to those exposed to the risk. There will normally be a number of different options between these two extremes. Cost (in terms of time and effort as well as money) is just one factor to consider when determining the best control option.

The cost of controlling risk may be taken into account in determining what is reasonably practicable, but cannot be used as a reason for doing nothing.

The greater the likelihood of harm occurring or the greater the extent of that harm, the less weight should be given to the cost of controlling the hazard or risk.

If two control measures provide the same level of protection and are equally reliable, you can adopt the less expensive option.

Cost cannot be used as a reason for adopting controls that rely exclusively on changing people’s behaviour or actions when there are more effective controls available that can change the risk through substitution, engineering or isolation.

For further information, see the Interpretive Guideline: The meaning of ‘reasonably practicable’.

Implementing controls

The control measures you put into operation will usually require changes to the way work is carried out, for example, working with new or modified equipment or processes, new or different chemicals or new personal protective equipment. In these situations, it is necessary to support the control measures with the following.

Work procedures

Develop a safe work procedure that describes the task, identifies the hazards and documents how the task is to be performed to minimise the risks.

Training, instruction and information

Train your workers in the work procedure to ensure that they are able to perform the task safely. Training must cover the nature of the work, the associated risks and the control measures to be implemented.

Training should require workers to demonstrate that they are competent in performing the task according to the procedure. It is insufficient to simply give a worker the procedure and ask them to acknowledge that they understand and are able to perform it. Training, instruction and information must be provided in a form that can be understood by all workers.

Information and instruction may also need to be provided to others who enter the workplace, such as customers or visitors.

Supervision

The level of supervision required will depend on the level of risk and the experience of the workers involved. High levels of supervision are necessary where inexperienced workers are expected to follow new procedures or carry out difficult and critical tasks.

Maintenance

Control measures need regular monitoring and maintenance to ensure they remain effective. You should decide what is required when you implement the control and establish a schedule for routine checks and maintenance appropriate to the controls.

You may prepare a risk register identifying the hazards, what action needs to be taken, who will be responsible for taking the action and by when. An example is provided at Appendix D.

How to ensure controls remain effective

An important part of controlling risk is ensuring that your chosen control measures are maintained after their initial implementation. The following actions may help you monitor the control measures you have implemented and ensure that they remain effective.

Accountability for health and safety

Managers and supervisors should be provided with the authority and resources to implement and maintain control measures effectively. Accountability should be clearly allocated to ensure procedures are followed and maintained.

Maintenance of plant and equipment

This will involve scheduling and performing regular inspection and testing, repair or replacement of damaged or worn plant and equipment. It includes checking that any control measures are suitable for the nature and duration of work, are set up and used correctly.

Further information on maintaining plant and equipment is available in the Code of Practice: Managing the risks of plant in the workplace.

Up-to-date training and competency

Most control measures depend on workers and supervisors having the appropriate competencies to do the job safely. Training must be provided to maintain competencies and to ensure new workers are capable of working safely.

Up-to-date hazard information

Information about hazards, such as plant and substances, may be updated by manufacturers and suppliers and should be checked to make sure controls are still relevant. New technology may provide more effective solutions than were previously available. Changes to operating conditions or the way activities are carried out may also mean that control measures need to be updated.

Regular review and consultation

Control measures are more effective where there is regular review of work procedures and consultation with your workers and their representatives.

If maintenance processes reveal new hazards, or existing hazards that are not being addressed, you will need to perform a review of your control measures.

Step 4—How to review controls

The control measures you, as a person conducting a business or undertaking (PCBU), put in place should be reviewed regularly to make sure they work as planned. Don’t wait until something goes wrong.

The WHS Regulations require a risk management process for specific risks. That process includes circumstances where you must review your control measures for those risks and, if necessary, change them. A review is required:

  • when the control measure is not effective in controlling the risk
  • before a change at the workplace that is likely to give rise to a new or different health and safety risk that the control measure may not effectively control
  • if a new hazard or risk is identified
  • if the results of consultation indicate that a review is necessary, or
  • if a health and safety representative requests a review.

In any case, as part of your ongoing duties as a PCBU, you should regularly review your control measures, including in the above circumstances. Managing work health and safety risks is an ongoing process that needs attention over time, but particularly when any changes affect your work activities.

You may use the same methods as in the initial hazard identification step (Chapter 2—How to identify hazards) to check controls. Consult your workers and their health and safety representatives and consider the following questions:

  • Are the control measures working effectively in both their design and operation?
  • Have the control measures introduced new problems? 
  • Have all hazards been identified?
  • Have new work methods, new equipment or chemicals made the job safer?
  • Are safety procedures being followed? 
  • Have the instruction and training provided to workers on how to work safely been successful?
  • Are workers actively involved in identifying hazards and possible control measures? Are they openly raising health and safety concerns and reporting problems promptly?
  • Are the frequency and severity of health and safety incidents reducing over time?
  • If new legislation or new information becomes available, does it indicate current controls may no longer be the most effective?

If problems are found, go back through the risk management steps (Chapter 4—How to control risks), review your information and make further decisions about risk control. Priority for review should be based on the level of risk. Control measures for high risks should be reviewed more frequently.

If you design, manufacture or supply products used for work, quality assurance processes may be used to check the product effectively minimises health and safety risks. Obtain feedback from users of the product to determine whether any improvements can be made to make it safer.

Keeping records

Keeping records of the risk management process demonstrates what you have done to comply with the WHS Act and WHS Regulations. It also helps when undertaking subsequent risk management activities, including reviewing your control measures.

Keeping records of the risk management process has the following benefits. It:

  • allows you to demonstrate how decisions about controlling risks were made 
  • assists in targeting training at key hazards
  • provides a basis for preparing safe work procedures
  • allows you to more easily review risks following any changes to legislation or business activities, and
  • demonstrates to others (regulators, investors, shareholders, customers) that work health and safety risks are being managed.

The detail and extent of recording will depend on the size of your workplace and the potential for major work health and safety issues. It is useful to keep information on:

  • the identified hazards, assessed risks and chosen control measures (including any hazard checklists, worksheets and assessment tools used in working through the risk management process)
  • how and when the control measures were implemented, monitored and reviewed
  • who you consulted with
  • relevant training records, and
  • any plans for changes.

There are specific record-keeping requirements in the WHS Regulations for some hazards, such as hazardous chemicals, plant and equipment. If such hazards have been identified at your workplace, you must keep the relevant records for the time specified.

You should ensure that everyone in your workplace is aware of record-keeping requirements, including which records are accessible and where they are kept.

A safety inspection in a workplace

Safe Work Australia. (2021). Emergency Plans Fact Sheet.

This fact sheet provides general guidance for persons conducting a business or undertaking (PCBUs) and workers on preparing and maintaining general emergency plans for fixed workplaces under regulation 43 of the Work Health and Safety (WHS) Regulations.

It does not cover additional requirements that apply to higher risk workplaces such as Major Hazard Facilities.

Duty to prepare an emergency plan

PCBUs must ensure that an emergency plan is prepared for the workplace, including for workers who may work at multiple workplaces.

What is an emergency plan?

An emergency plan is a written set of instructions that outlines what workers and others at the workplace should do in an emergency. An emergency plan must provide for the following:

  • emergency procedures, including: an effective response to an emergency 
  • evacuation procedures 
  • notifying emergency service organisations at the earliest opportunity 
  • medical treatment and assistance, and 
  • effective communication between the person authorised to coordinate the emergency response and all people at the workplace 
  • testing of the emergency procedures—including the frequency of testing, and 
  • information, training and instruction to relevant workers in relation to implementing the emergency procedures.

What types of emergencies should be covered?

The types of emergencies to plan for may include fire, explosion, medical emergency, rescues, incidents with hazardous chemicals, bomb threats, armed confrontations and natural disasters.

The emergency plan should be based on a practical assessment of hazards associated with the work activity or workplace, and the possible consequences of an emergency occurring as a result of those hazards. External hazards should also be considered in preparing an emergency plan, for example a chemical storage facility across the road.

In developing the plan, consideration should be given to the application of all relevant laws, including public health laws (for example, workplaces that are also public places) and state or territory disaster plans.

Level of detail—relevant factors to be considered

Emergency plans do not necessarily have to be lengthy or complex. They should be easy to understand and tailored to the specific workplace where they apply.

In preparing an emergency plan, all relevant matters need to be considered including:

  • the nature of the work being carried out at the workplace
  • the nature of the hazards at the workplace
  • the size and location of the workplace, for example, remoteness, proximity to health services, and 
  • the number and composition of the workers, for example, employees, contractors, and other persons at the workplace such as visitors.

Special consideration may need to be provided for workers who travel for work, work alone or in remote locations. The checklist on page 4 of this fact sheet provides examples of relevant factors to consider.

Examples of inclusions in an emergency plan

An emergency plan may include practical information for workers such as:

  • emergency contact details for key personnel who have specific roles or responsibilities under the emergency plan, for example fire wardens, floor wardens and first aid officers 
  • contact details for local emergency services, for example police, fire brigade and poison information centre 
  • a description of the mechanisms for alerting people at the workplace to an emergency or possible emergency, for example siren or bell alarm 
  • evacuation procedures including arrangements for assisting any hearing, vision or mobility-impaired people
  • a map of the workplace illustrating the location of fire protection equipment, emergency exits, assembly points 
  • triggers and processes for advising neighbouring businesses about emergencies, and 
  • the post-incident follow-up process, for example notifying the regulator, organising trauma counselling or medical treatment. 
  • Procedures for testing the emergency plan including the frequency of testing must be included.

Additional requirements for higher-risk workplaces

Higher-risk workplaces may require additional information in their emergency plans. Examples of these workplaces include:

  • workplaces with confined spaces
  • workplaces that use fall arrest harness systems
  • Major Hazard Facilities and mines
  • workplaces that handle or manage asbestos
  • workplaces that store or handle hazardous chemicals, and
  • workplaces that carry out demolition and refurbishment sites.

For more information about these requirements refer to the relevant chapters in the WHS Regulations and the related Codes of Practice.

Access to the emergency plan

Emergency plans, or a summary of key elements of emergency plans, should be readily accessible by workers or on display in the workplace, for example on a notice board.

Training in emergency procedures

Workers must be adequately trained in emergency procedures. Arrangements for information, training and instruction of workers must be set out in the emergency plan itself.

Training may include practising evacuations, identifying assembly points, location of emergency equipment, first aid arrangements and how to safely shut down machinery.

In determining training requirements, the following should be considered:

  • inclusion of emergency procedure training in induction courses for new workers
  • provision of refresher training for existing workers
  • provision of training for short-term contractors or visitors at the workplace (this may not need to be as extensive as may be required for workers), and
  • provision of specific training for individuals who have a formal role in an emergency for example fire wardens, floor wardens, first aid officers.

Shared workplaces

In shared workplaces PCBUs must consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable.

In shared workplaces where there are multiple PCBUs, a master emergency plan could be prepared that all relevant duty holders use. Examples of shared workplaces include shopping centres, construction sites or office buildings.

More information and guidance on consultation is available in the Code of Practice Work Health and Safety Consultation, Cooperation and Coordination.

Implementing emergency plans

Emergency plans must be implemented in an emergency. Directions from emergency services workers must also be complied in an emergency.

Reviewing emergency plans

For emergency plans to remain current and effective they must be reviewed and revised (if necessary) on a regular basis.

For example:

  • when there are changes to the workplace such as re-location or refurbishments
  • when there are changes in the number or composition of staff including an increase in the use of temporary contractors
  • when new activities have been introduced, and
  • after the plan has been tested.

Further information

More work health and safety resources are available on the Safe Work Australia website.

Note: this fact sheet provides general information only and should not be used as a substitute for seeking professional legal advice for your specific circumstances. The contents of this fact sheet are correct and based on available information at the time of writing. However, there may be subsequent decisions of courts or tribunals on the matter covered by this fact sheet which mean that the contents are no longer accurate.

Checklist- Emergency Plans

  Yes No
Responsibilities
  • Has someone with appropriate skills been made responsible for specific actions in an emergency, for example managing an evacuation or assigning area wardens?
  • Is someone responsible for making sure all workers and others in the workplace, for example contractors, customers and visitors are accounted for in an evacuation?
  • Do workers working alone know what to do in an emergency?
  • Are specific procedures in place for critical functions, for example power shut-downs?
   
Emergency contact details
  • Are emergency contact details relevant to the types of possible threats, for example fire brigade, police and poison information centre?
  • Are the emergency contact details displayed at the workplace in an easily accessible location? Are contact details updated regularly?
   
Evacuations
  • Have all emergencies requiring an evacuation at the workplace been identified?
  • Has an evacuation procedure been prepared (if applicable)?
  • Does the procedure: address all types of situations and hazards which may arise at the workplace
  • cover everyone who may be present at the workplace
  • allow for quick and safe evacuation when needed
  • clearly identify routes to safe assembly areas consider special assistance for hearing, vision or mobility-impaired people, and
  • include a process for accounting for persons?
   
Evacuations for a fixed workplace
  • Is the evacuation procedure clearly and prominently displayed at the workplace, where practicable?
  • Is there a mechanism, for example a siren or bell alarm for alerting staff of an emergency? If yes, is it regularly tested to ensure its effectiveness?
  • Is there a documented site plan that illustrates the location of fire protection equipment, emergency exits and assembly points? If yes, is it posted in key locations throughout the workplace?
  • Are all exits, corridors and aisles readily accessible and kept clear of obstructions?
  • Does the workplace have illuminated exit signs?
   
Fire protection equipment
  • Does the workplace have appropriate fire protection equipment? Is it suitable for the types of risks at the workplace, for example foam or dry powder type extinguishers for fires that involve flammable liquids?
  • Is it properly maintained and regularly checked and tested by the local fire authority or fire equipment supplier?
  • Is the area where the equipment is stored kept clear of obstructions?
  • Are adequate numbers of workers trained to use fire extinguishers? Do they know what type of extinguisher to use for different types of fires?
   
Extreme weather conditions
  • If there is a risk of extreme or dangerous weather conditions, for example bushfire, floods or storms, will the control measures be effective in these conditions?
  • Do emergency procedures accommodate declarations of extreme weather warnings? Examples of extreme weather warnings may include warnings such as a code red in the case of extreme bushfires or categories 3, 4 or 5 for cyclone warnings. Do declarations of extreme weather warnings in the emergency plan include matters such as: safe exit routes, for example the process for identifying and communicating roads that may be closed?
  • Do procedures identify the closest designated ‘safe place’?
  • Do procedures accommodate evacuation procedures of the relevant local authorities for example the fire services, SES and police?
  • Do workers have access to reliable communications equipment?
  • Are workers trained in emergency evacuation and related procedures?
  • If workers travel into areas where extreme weather warnings may be declared, have appropriate policies and procedures been developed for when such declarations are made?
   
Chemical safety
  • Are current safety data sheets available for all hazardous chemicals on site?
  • Are all hazardous chemicals labelled and stored in a safe manner?
  • Is appropriate equipment available to initially respond to a chemical incident, for example absorbent material to contain a liquid spill?
  • Is appropriate personal protective equipment and training provided to protect workers who are called on to deal with an unplanned chemical release?
   
First aid
  • Has a first aid assessment been conducted?
  • Does the workplace have trained first aiders and suitable first aid facilities?
  • Are workers aware of where first aid facilities are kept and who first aiders are?
   
Neighbouring businesses
  • Have neighbouring businesses been considered if an emergency occurs? How would they be advised of an emergency situation arises (if applicable)?
  • Should they be consulted about the preparation and coordination of emergency plans?
  • Have the risks from neighbouring businesses been considered, for example fire from restaurant/takeaway food outlets, Q fever from cattle yards or vehicle accidents on major roads?
   
Post incident follow-up
  • Are there procedures in place to notify the relevant regulator about a notifiable incident where necessary?
  • Are there procedures in place to ensure the cause of the emergency is determined and action is taken to prevent a similar incident occurring again?
  • Are there procedures in place to ensure the welfare of workers after an emergency or an incident, for example medical treatment or trauma counselling?
   
Review
  • Are emergency plan practice runs undertaken to assess the effectiveness of the emergency plan, for example evacuation drills?
  • Is someone responsible for documenting and retaining the results of emergency plan practice runs?
  • Is someone responsible for reviewing the emergency plan and informing workers of any revisions?
   
A person filling out paperwork

Safe Work Australia. (2020). Information Sheet - Incident Notification.

This information sheet provides general guidance on mandatory reporting requirements for ‘notifiable incidents’ under Work Health and Safety (WHS) legislation.

Businesses and undertakings must notify their work health and safety regulator of certain ‘notifiable incidents’ at work. This information sheet will help you decide when you need to notify the regulator of a work-related death, injury, illness or dangerous incident.

Work health and safety regulators are committed to preventing work-related deaths and injuries. Notifying the regulator of ‘notifiable incidents’ can help identify causes of incidents and prevent similar incidents at your workplace and other workplaces.

The WHS law requires:

  • a ‘notifiable incident’ to be reported to the regulator immediately after becoming aware it has happened
  • if the regulator asks—written notification within 48 hours of the request, and
  • the incident site to be preserved until an inspector arrives or directs otherwise (subject to some exceptions).

Failing to report a ‘notifiable incident’ is an offence and penalties apply.

What is a ‘notifiable incident’

A ‘notifiable incident’ is:

  • the death of a person
  • a ‘serious injury or illness’, or
  • a ‘dangerous incident’

arising out of the conduct of a business or undertaking at a workplace.

‘Notifiable incidents’ may relate to any person—whether an employee, contractor or member of the public.

Serious injury or illness

Only the most serious health or safety incidents are notifiable, and only if they are work-related. They trigger requirements to preserve the incident site pending further direction from the regulator.

Serious injury or illness must be notified if the person requires any of the types of treatment in the following table:

Types of treatment Example
Immediate treatment as an in-patient in a hospital

Admission into a hospital as an in-patient for any duration, even if the stay is not overnight or longer.

It does not include:

  • Out-patient treatment provided by the emergency section of a hospital (i.e. not requiring admission as an in-patient)
  • Admission for corrective surgery which does not immediately follow the injury (e.g. to fix a fractured nose).
Immediate treatment for the amputation of any part of the body Amputation of a limb such as arm or leg, body part such as hand, foot or the tip of a finger, toe, nose or ear.
Immediate treatment for a serious head injury
  • Fractured skull, loss of consciousness, blood clot or bleeding in the brain, damage to the skull to the extent that it is likely to affect organ/face function.
  • Head injuries resulting in temporary or permanent amnesia.

It does not include:

A bump to the head resulting in a minor contusion or headache.

Immediate treatment for a serious eye injury
  • Injury that results in or is likely to result in the loss of the eye or total or partial loss of vision.
  • Injury that involves an object penetrating the eye (for example metal fragment, wood chip).
  • Exposure of the eye to a substance which poses a risk of serious eye damage.

It does not include:

Eye exposure to a substance that merely causes irritation.

Immediate treatment for a serious burn

A burn requiring intensive care or critical care which could require compression garment or a skin graft.

It does not include:

A burn that merely requires washing the wound and applying a dressing.

Immediate treatment for the separation of skin from an underlying tissue (such as de-gloving or scalping)

Separation of skin from an underlying tissue such that tendon, bone or muscles are exposed (de-gloving or scalping).

It does not include:

Minor lacerations.

Immediate treatment for a spinal injury

Injury to the cervical, thoracic, lumbar or sacral vertebrae including the discs and spinal cord.

It does not include:

Acute back strain.

Immediate treatment for the loss of a bodily function

Loss of consciousness, loss of movement of a limb or loss of the sense of smell, taste, sight or hearing, or loss of function of an internal organ.

It does not include:

  • Mere fainting
  • A sprain or strain.
Immediate treatment for serious lacerations
  • Deep or extensive cuts that cause muscle, tendon, nerve or blood vessel damage or permanent impairment.
  • Deep puncture wounds.
  • Tears of wounds to the flesh or tissues—this may include stitching to prevent loss of blood and/or other treatment to prevent loss of bodily function and/or infection.
Medical treatment within 48 hours of exposure to a substance

‘Medical treatment’ is treatment provided by a doctor.

Exposure to a substance includes exposure to chemicals, airborne contaminants and exposure to human and/or animal blood and body substances.

Notification is also required for the following serious illnesses:

  • Any infection where the work is a significant contributing factor. This includes any infection related to carrying out work:
    • with micro-organisms
    • that involves providing treatment or care to a person
    • that involves contact with human blood or body substances
    • that involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products.
  • The following occupational zoonoses contracted in the course of work involving handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products:
    • Q fever
    • Anthrax
    • Leptospirosis
    • Brucellosis
    • Hendra Virus
    • Avian Influenza
    • Psittacosis.

Treatment

‘Immediate treatment’ means the kind of urgent treatment that would be required for a serious injury or illness. It includes treatment by a registered medical practitioner, a paramedic or registered nurse.

‘Medical treatment’ refers to treatment by a registered medical practitioner (a doctor).

Even if immediate treatment is not readily available, for example because the incident site is rural or remote or because the relevant specialist treatment is not available, the notification must still be made.

Still unsure?

If you are still unsure about whether a particular incident should be notified then contact your regulator for advice or further guidance. Contact details are included below.

Dangerous incidents including ‘near misses’

Some types of work-related dangerous incidents must be notified even if no-one is injured.

The regulator must be notified of any incident in relation to a workplace that exposes any person to a serious risk resulting from an immediate or imminent exposure to:

  • an uncontrolled escape, spillage or leakage of a substance
  • an uncontrolled implosion, explosion or fire
  • an uncontrolled escape of gas or steam
  • an uncontrolled escape of a pressurised substance
  • electric shock:
    • examples of electrical shock that are not notifiable
      • shock due to static electricity
  • ‘extra low voltage’ shock (i.e.  arising from electrical equipment less than or equal to 50V AC and less than or equal to 120V DC)
  • defibrillators are used deliberately to shock a person for first aid or medical reasons
    • examples of electrical shocks that are notifiable
      • minor shock resulting from direct contact with exposed live electrical parts (other than ‘extra low voltage’) including shock from capacitive discharge
  • the fall or release from a height of any plant, substance or thing
  • the collapse, overturning, failure or malfunction of, or damage to, any plant that is required
  • to be design or item registered under the Work Health and Safety Regulations, for example a collapsing crane
  • the collapse or partial collapse of a structure
  • the collapse or failure of an excavation or of any shoring supporting an excavation
  • the inrush of water, mud or gas in workings, in an underground excavation or tunnel, or
  • the interruption of the main system of ventilation in an underground excavation or tunnel.

A dangerous incident includes both immediate serious risks to health or safety, and also a risk from an immediate exposure to a substance which is likely to create a serious risk to health or safety in the future, for example asbestos or hazardous chemicals.

Only work-related incidents are notifiable

To be notifiable, an incident must arise out of the conduct of the business or undertaking.

An incident is not notifiable just because it happens at or near a workplace.

Incidents may happen for reasons which do not have anything to do with work or the conduct of the business or undertaking, for example:

  • a worker or another person suffers a heart attack while at work which is unrelated to work or the conduct of the business or undertaking
  • an amateur athlete is injured while playing for the local soccer team and requires immediate medical treatment (this is not work)
  • a person driving to work is injured in a car accident (where driving is not part of their work)
  • a person with epilepsy has a seizure at work.

These kinds of incidents are not notifiable.

Work-related incidents that occur outside a workplace may be notifiable

Work-related incidents may affect people outside the workplace. These may still be notifiable if they involve a death, serious illness or injury or a dangerous incident.

For example:

  • an object like a hand tool falls off a multi-storey building under construction hitting a person below
  • scaffold collapse that causes a risk of serious injury to persons adjacent to a construction site
  • an awning over a shop-front collapses, hitting a person underneath it.

Appendix A provides more information about incidents at public places or sporting events.

Who is responsible for notifying?

Any person conducting a business or undertaking (PCBU) from which the ‘notifiable incident’ arises must ensure the regulator is notified immediately after becoming aware it has happened.

Procedures should be put into place to ensure work health and safety incidents are promptly notified to the people responsible for responding to them, for example a manager and then notified to the regulator, if required.

Incidents involving multiple businesses or undertakings

If a ‘notifiable incident’ arises out of more than one business or undertaking then each must ensure that the incident has been notified to the regulator.

There is no need for all duty holders to notify—only one needs to. However, all duty holders retain their responsibility to notify, regardless of any agreement between them.

In these circumstances the duty holders must, so far as is reasonably practicable, consult, cooperate and coordinate to put appropriate reporting and notification arrangements in place.

For example contractors at a construction workplace may agree that the principal contractor for the workplace will notify all ‘notifiable incidents’ that occur at the workplace.

Incidents involving a ‘State-based contractor working for a Commonwealth entity’

Workplaces shared by a Commonwealth entity and one or more state-based contractors may be covered by both Commonwealth and state or territory work health and safety (WHS) laws.

For example an asbestos removal company is engaged by the Department of Defence (Defence) to carry out asbestos removal work at Randwick Army Barracks in Sydney and a dangerous incident occurs (as defined above). Because the incident has occurred at a place where work is carried out for Defence (on behalf of the Commonwealth) the company must ensure that both Comcare and WorkCover NSW are notified of the incident. Defence and the company may co-operate so that only one notification is made to Comcare on behalf of both.

When and how to notify

You must notify the regulator immediately after becoming aware of a ‘notifiable incident’.

The notice must be given by the fastest possible means—which could be by telephone or in writing, for example by email or online (if available). See page 8 for contact details.

  • Regulators have adopted a common-sense approach to assessing whether an incident has been notified immediately. This means incidents must be notified as soon as the particular circumstances permit.

In general a PCBU ‘becomes aware’ of a notifiable incident once any of their supervisors or managers becomes aware of the incident. For example when a worker suffers a serious injury and reports it to their immediate supervisor, it is at this point that the PCBU is considered to be aware of the incident.

It is therefore essential to develop internal communication systems to ensure health or safety incidents are promptly brought to the relevant persons’ attention.

What information will be requested?

At first, the regulator will ask for a clear description of the incident with as much detail as possible. This will help the regulator assess whether or not the incident is notifiable and the need for a follow-up investigation. The following information is usually requested:

What happened: an overview
  • Provide an overview of what happened.
  • Nominate the type of notifiable incident—was it death, serious injury or illness, or ‘dangerous incident’ (as defined above)?
When did it happen Date and time.
Where did it happen

Incident address.

Details that describe the specific location of the notifiable incident—for example section of the warehouse or the particular piece of equipment that the incident involved—to assist instructions about site disturbance.

What happened Detailed description of the notifiable incident.
Who did it happen to
  • Injured person’s name, date of birth, address and contact number.
  • Injured person’s occupation.
  • Relationship of the injured person to the entity notifying.
How and where are they being treated (if applicable)
  • Description of serious injury or illness—i.e. nature of injury 
  • Initial treatment of serious injury or illness.
  • Where the patient has been taken for treatment.
Who is the person conducting the business or undertaking (there may be more than one)
  • Legal and trading name.
  • Business address (if different from incident address), ABN/ACN and contact details including phone number and email.
What has/is being done Action taken or intended to be taken to prevent recurrence (if any).
Who is notifying
  • Notifier’s name, contact phone number and position at workplace. 
  • Name, phone number and position of person to contact 
  • for further information (if different from above).

Notify immediately, and provide the information you can, even if you do not have all of the required information.

The regulator may follow-up with a request for more information later if necessary. You must provide the required information in writing within 48 hours of the request being made.

Can work continue where the incident occurred?

An incident site must not be disturbed until an inspector arrives at the site or directs otherwise (whichever is earlier). The person with management or control of the workplace is responsible for preserving the incident site, so far as is reasonably practicable.

Any evidence that may assist an inspector to determine the cause of the incident must be preserved—including any plant, substance, structure or thing associated with the incident.

However, preserving an incident site does not prevent any action needed:

  • to assist an injured person 
  • to remove a deceased person 
  • to make the site safe or to minimise the risk of a further notifiable incident, or 
  • to facilitate a police investigation.

The sooner the regulator is notified, the sooner the site can be released.

An inspector may issue a non-disturbance notice, if they consider that the incident site should remain undisturbed in order to facilitate their investigation. This notice must specify the period for which the notice is to apply—no more than seven days.

Penalties apply if an individual or body corporate fails to preserve a site.

Site preservation requirements only apply to the incident site

Requirements to preserve a site only apply to the area where the incident occurred—not the whole workplace.

If you are unsure about what you need to do, you can ask the regulator for advice or to be excused from having to preserve the site.

Amending notifications

If you receive information that changes the incident type of a notified incident, you must notify the regulator of those changes. For example, if a notified serious injury or illness later results in the person’s death, the regulator must be advised immediately upon you learning that the person has died.

Record keeping requirements

Records of notifiable incidents must be kept for at least five years from the date of notification. Penalties apply for failing to do so.

It is useful to keep a record of having made the notification (e.g. confirmation from the regulator), and also any directions or authorisations given by an inspector at the time of notification.

Contact details for regulators

To notify a ‘notifiable incident’ contact your local regulator:

Jurisdiction Regulator
New South Wales SafeWork NSW
Victoria WorkSafe Victoria
Queensland WorkSafe Queensland
South Australia SafeWork SA
Western Australia WorkSafe WA
Australian Capital Territory WorkSafe ACT
Tasmania WorkSafe Tasmania
Northern Territory NT WorkSafe
Commonwealth Comcare
2 people discussing safety on a work site

Comcare, Australia. (2020). Employee and Other Workers.

Communicating and Consulting Effectively

Importance of communication and consultation

Communication and consultation is vital to building a strong health and safety culture and minimising injury and illness in the workplace.

This process involves:

  • talking about issues
  • listening to and raising concerns
  • understanding your role
  • seeking information and sharing views
  • discussing issues in a timely manner
  • considering what is being said before decisions are made
  • attending scheduled meetings.

Contributing to consultation as a worker

You can contribute by:

  • speaking at team meetings
  • talking with your work group
  • giving feedback on policy and procedures when asked.

Participation in consultation provides you with an opportunity to:

  • think constructively about health and safety issues that affect you
  • contribute ideas for improvement
  • work as a team in implementing good workplace safety practices.

When you should be consulted

The ‘person conducting business or undertaking’ (PCBU) is required to consult with you on any matters that may directly affect your health and safety. If you are a HSR or represented by a HSR, then you or your HSR, must also be included in the consultation.

There are number of situations when your manager and senior leaders are required to consult with you. They include:

  • identifying hazards and assessing risks arising from work
  • making decisions about ways to eliminate or minimise those risks
  • making decisions about the adequacy of facilities for the welfare of workers
  • proposing changes that may affect the health and safety of workers
  • making decisions about the procedures for resolving health and safety issues
  • monitoring the health of workers or workplace conditions, information and training or consultation with workers
  • carrying out any other activity prescribed by the WHS Regulations.

When the PCBU consults with you on a health and safety issue, you need to consider the information provided and give feedback through your HSR.

Barriers to effective consultation

There are many barriers to how we communicate and consult with each other in the workplace. Finding the right time and delivering messages in the right way can be a challenge. Workers and HSRs should establish a relationship with their manager that encourages open and honest discussion and mutual trust.

Consultation often fails due to:

  • lack of clarity of message
  • absence of emotional resonance in your message
  • inaccurate targeting
  • poor timing
  • no genuine feedback process.

Improving and promoting communication

To ensure that communication is effective in your workplace, you should use all the available and established channels to provide your ideas and concerns about health and safety.

Ways to contribute to effective communication include:

  • contribute at meetings
  • seek information from your intranet
  • use emails to clarify, and provide a two-way communication approach
  • establish an open and constructive approach to talking to your colleagues and managers
  • consider the barriers to communication in remote and isolated work locations (e.g shift work, working on your own, isolated by distance or team support, working from home)
  • make contact daily where possible.

Talking to your health and safety representative (HSR)

Your health and safety representative (HSR) is your main point of contact regarding health and safety matters, so inform them of any concerns or safety issues you may have. HSRs represent workers in relation to health and safety matters affecting workers.

Having your HSR represent your work group can help because:

  • a HSR is likely to understand your views and concerns
  • HSRs can be trained in work health and safety and in how to represent you
  • a coordinated and formal approach to raising ideas and concerns with your ‘person conducting business or undertaking’ (PCBU) can have greater impact
  • HSRs have rights and powers to take action on your behalf.
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