Comprehensive Review of WHS/OHS Legislation and Practices

This assessment task delves into the Work Health and Safety (WHS) Act 2011 and the Work Health and Safety Regulations 2011, exploring their implementation across Australia. It covers the importance of national harmonization to ensure consistent safety standards and discusses the role of codes of practice in guiding workplace health and safety practices. The task emphasizes understanding the hierarchy of control measures for risk management, from elimination to personal protective equipment, with examples of each applied in workplaces. Additionally, it highlights the significance of reporting notifiable incidents, such as deaths or serious injuries, within specified timeframes to maintain compliance and improve workplace safety. This comprehensive overview aids in grasping the legislative framework and practical applications essential for WHS compliance.

Assessment 1 1
Assessment Task 1 Instructions
Provide answers to all of the questions below:
1. Identify and document the title and date of the WHS/OHS Act and Regulation for the
state in which you are located. Discuss the rationale for nationally harmonised work
health and safety laws and identify participating and non-participating states and
territories.
By agreement, the Commonwealth and state and territory governments (which have
constitutional responsibility for regulating work health and safety in their respective
jurisdictions) have endorsed and committed to enact laws that reflect the model Work Health
Safety Act developed for consultation by Safe Work Australia. Accordingly, the Work Health
and Safety (WHS) Act, based on the model WHS Act, was enacted by the Commonwealth in
2011. Many other jurisdictions have since followed suit with their own mirror legislation.
One of the main benefits of the WHS Act is that it provides for a nationally consistent
legal Framework of work health and safety standards and obligations. Businesses and
undertakings, especially those operating across state borders, will be able to apply one set of
workplace standards nationally and enjoy more certainty in understanding their health and
safety obligations in different state jurisdictions.
2. Identify the purpose of a WHS code of practice and give an example.
Codes of practice are developed through consultation with representatives from
industry, workers and employers, special interest groups and government agencies. Codes
of practice are made under the relevant Act and must be approved by the relevant
Minister before they come into effect. A code of practice is not law, but it should be
followed, unless there is an alternative course of action that achieves the same or better
standards. Employers, workers, designers, manufacturers and suppliers should use a code

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of practice in conjunction with the Act and regulations. Codes of practice are available
from workplace health and safety authorities for such things as ‘How to Safely Remove
Asbestos’.
3. Outline the factors that must be taken into account in determining control measures for
hazardous manual tasks as stated in the model Work Health and Safety Regulations 2011.
A hazardous manual task, as defined in the Work Health and Safety Regulations 2011 (WHS
Regulations), means a task that requires a person to lift, lower, push, pull, carry or otherwise
move, hold or restrain any person, animal or thing involving one or more of the following:
 repetitive or sustained force
 high or sudden force
 repetitive movement
 sustained or awkward posture
 Exposure to vibration.
These factors can overload the body and lead to injury.
4. Define the term duty holder under WHS/OHS legislation and the primary duty of care of
a PCBU under WHS legislation.
A duty holder is a person who has a duty to ensure health or safety (‘health and safety
duties’) require the person:
 to eliminate risks to health and safety, so far as is reasonably practicable, and
 If it is not reasonably practicable to eliminate risks to health and safety, to minimise
those risks so far as is reasonably practicable.

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PCBU duty- A PCBU, through its officers, has a duty under the WHS Act to consult with
workers at all levels of the business. Senior leaders and managers should promote and foster
open lines of communication and consultation with workers. This can be achieved by:
 Creating and nurturing joint partnerships with:
o workplace work groups
o HSRs and employee representative
o Other involved PCBUs.
 Ensuring effective consultation processes are built in to the business through its
systems, policies and procedures.
 Engage with workers by being visible and open to feedback and ideas.
5. Outline two examples of a WHS policy that a business may implement.
i. Insurance for all employees in the workplace to cover them in case
of any risks or incidents that might lead to an economic or
equivalent loss.
ii. WHS Policy 62 – Manual handling - All tasks involving manual
handling must be risk assessed and controlled. Responsibilities for
all levels of employees and management must be identified,
communicated and discharged effectively by all concerned.
Equipment will be provided to assist in manual handling where a
need is identified as part of a control measure. This equipment will
be used appropriately and maintained well at all times with all
operators certified where this is required under law.
6. Explain the process of risk assessment and control in workplace health and safety.
Managing WHS risks involves four steps:

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 Identifying hazards—find out what could cause harm.
 Assessing 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.
 Controlling risks—implement the most effective control measure that is reasonably
practicable in the circumstances.
 Reviewing control measures—ensure control measures are working as planned.
Figure 1 the risk management process
7. Explain three ways in which hazards can be identified in the workplace.
Conduct a safety audit (or hazard inspection) - this is a process of determining any
possible risks in the work place.
Observe the way jobs and procedures are carried out to make sure they are completed
following safe work practices
Study the accident and incident statistics to understand what the previous problem shave
been, who could be harmed by the hazards and how.

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8. Describe the purpose of the hierarchy of control and each of the options available from
most effective to least effective. Provide an example for each in terms of how it may be
applied in a workplace.
1. The ways of controlling risks are ranked from the highest level of protection and
reliability to the lowest as shown in the Figure 2. This ranking is known as the hierarchy
of risk control (Comcare, 2017). The model WHS Regulations require duty holders to
work through this hierarchy when managing health and safety risks.
Figure 2 The hierarchy of risk control

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9. Give two reasons why it is important to report WHS incidents within the workplace to
relevant persons and identify at least two position holders to whom incidents may be
reported.
The information provided through recording and reporting enables the enforcing
authorities (either Health and Safety Executive (HSE) or local authority Environmental

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Health), to identify where and how risks arise, and to investigate serious accidents. With
this information, the enforcing authorities are able to help and provide advice on how to
reduce injury, and ill health in the workplace. Such surveillance data can also be used to
put forward an evidence-based rationale for the introduction of new legislation and/or
guidance.
Near Misses Although not part of the legal duties mentioned above, it is also good
practice to record non-reportable 'near-miss incidents, workplace accidents and
occurrences where no-one has actually been hurt or become ill, but where the
consequences could have been serious for workers. In this way, it is possible to learn
from such incidents so that workers are protected from harm, using the old adage
'prevention is better than cure'.
Everyone has a role to play to ensure that health and safety is a priority in the workplace.
Two important holders to whom risks might be and ensure health and safety to ‘manage
risks’ by eliminating health and safety risks so far as is reasonably practicable, and if it is not
reasonably practicable to do so, to minimise those risks so far as is reasonably practicable.
Two important holders are PCBU and Officer.
10. Identify the three events that are defined as ‘notifiable incidents’ and the period of time
for which employers must keep records of these incident.
Notifiable incidents are:
 The death of a person—whether an employee, contractor or member of the public.
 A serious injury or illness.
 A dangerous incident that exposes any person to a serious risk, even if no one is injured.
If a notifiable incident occurs the model WHS Act states that:
 The regulator must be immediately notified.

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 Written notification must be submitted within 48 hours if requested by the regulator.
 The incident site is preserved until an inspector arrives or directs otherwise. However
this doesn’t prevent any action to help an injured person or make the site safe.
11. Within what time period within which an employer must notify their worker’s
compensation insurer where a work has received a workplace injury.
In not more than 48 hours, a written Notification should be sent.

Assessment 1 9
References
Comcare, (2017) Retrieved from
https://www.comcare.gov.au/preventing/hazards/physical_hazards/hazardous_manual_tasks
Safe work Australia, (2011). Retrieved from https://www.safeworkaustralia.gov.au
Work Health and Safety Regulations 2011
Work Health and Safety (WHS) Act, 2011.