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1.4 Work Health and Safety

Last Modified: 20-Jul-2023 Review Date: N/A

Purpose

Communities has a duty to meet all its obligations under section 19 of the Act to provide and maintain a safe working environment. So far as is practicable, Communities will: 

  • maintain workplaces, equipment and systems of work such that employees are not exposed to hazards; 
  • identify, assess and control workplace hazards; 
  • investigate incidents and ensure suitable control measures are implemented; 
  • facilitate consultation and issue resolution between all parties; 
  • provide information, instruction, training and supervision to ensure safe systems of work (responsibilities under this policy will be included in employee induction programs); 
  • provide appropriate human, physical and financial resources including support for WHS and wellness programs; 
  • strive to achieve continuous improvement through the review of measurable key performance indicators, lead and lag indicators, objectives and improvements of WHS management systems and initiatives; 
  • establish and undertake ongoing review of measurable key performance indicators, lead and lag indicators, objectives and improvements of WHS management systems and initiatives; and 
  • implement and maintain a framework that promotes the systematic management of health and safety to ensure compliance with legal and other requirements and recognises excellence in safety and health performance. 

Communities will maintain an effective injury management system to minimise the long-term impact of any workplace injury, illness or disease in accordance with its responsibilities under the Workers’ Compensation and Injury Management Act 1981 (WA). For further information, please refer to the Injury Management Policy. 

Practice Requirements

Duty of officers (section 27)  

Officers of corporations and other organisations must manage corporate risks — including work health and safety risks.  

Under the WHS Act, an officer of a PCBU must exercise due diligence to ensure the PCBU complies with its health and safety duties. This duty relates to the strategic, structural, policy and key resourcing decisions — that is, how the place is run. 

Due diligence includes taking reasonable steps to:  

  • acquire and keep up to date knowledge on work health and safety matters 
  • understand the nature and operations of the work and associated hazards and risks  
  • ensure the PCBU has, and uses, appropriate resources and processes to eliminate or minimise risks to work health and safety  
  • ensure the PCBU has appropriate processes to receive and consider information about work-related incidents, hazards and risks, and to respond in a timely manner  
  • ensure the PCBU has, and implements, processes for complying with their duties and obligations (for example, reports notifiable incidents, consults with workers, complies with notices, provides appropriate training and instruction and ensures HSRs receive training entitlements)  
  • verify the provision and use of the relevant resources and processes.  

An officer may be charged with an offence under the WHS Act whether or not the PCBU has been convicted or found guilty of an offence under the Act. 

 

Duty of workers (section 28) 

While at work, workers must take reasonable care for their own health and safety and that of others who may be affected by their actions or omissions. They must also: 

  • comply, so far as they are reasonably able, with any reasonable instruction given by the PCBU to allow the PCBU to comply with WHS laws 
  • cooperate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace that has been notified to workers.  

 

Duties of other persons at the workplace (section 29)  

Similar duties apply to other persons at a workplace. Any person at a workplace, including customers and visitors, must take reasonable care of their own health and safety and that of others who may be affected by their actions or omissions. They must also comply, so far as they are reasonably able, with any reasonable instruction that is given by the PCBU to comply with WHS laws.  

 

Health and Safety Representatives (HSRs) 

Any worker can ask the PCBU for whom they are carrying out work to facilitate the election of one or more Health and Safety Representatives (HSR) for the workplace.  

An HSR is elected by a work group to represent the health and safety interests of the work group (and must be a member of that work group). There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between workers and the PCBU.  

Once determined, the PCBU must keep a current list of all HSRs and deputy HSRs for the workplace(s) and display a copy at the relevant workplace. 

 

Powers and functions of HSRs (sections 68-69)  

HSRs: 

  • represent their work group members in matters relating to work health and safety at the workplace 
  • monitor risk control measures put into place at the workplace to protect their work group members 
  • investigate complaints from their work group members relating to work health and safety 
  • inquire into anything that appears to be a risk to the health or safety of work group members.  

In limited circumstances, HSRs may represent another work group or work group member for the business or undertaking, or work groups in other PCBUs at the workplace if: 

  • there is a serious risk to the health or safety of other workers from an immediate hazard, or 
  • a worker in another work group asks for their assistance and the HSR for that other work group is not available.  

Each HSR must be allowed to spend such time as is reasonably necessary to exercise their powers or perform their functions under the WHS Act. This must be paid time based on the rate they would have otherwise been paid at the time.  

In exercising their powers or functions, an HSR can: 

  • inspect the workplace or any area where work is carried out by a worker in the work group 
  • at any time after giving relevant notice, or 
  • at any time without notice in the event of an incident or any situation involving a serious risk to health or safety emanating from an immediate or imminent exposure to a hazard 
  • accompany an inspector during an inspection of an area where a work group member works 
  • be present at an interview with a worker that the HSR represents (with their consent) and the PCBU or an inspector about work health and safety issues — if the interview involves more than one worker, only the consent of one of the HSR’s work group members is required 
  • receive information about work health and safety of work group members— but not any personal or medical information that directly or indirectly identifies a worker without the worker’s consent 
  • request a health and safety committee be established 
  • issue a provisional improvement notice (PIN) or direct a person to cease unsafe work in certain circumstances, but only if they have completed the approved training.  

Whenever necessary, an HSR may request the assistance of any person. The PCBU is not required to meet the associated costs. Where an HSR’s assistant requires access to the workplace to provide assistance to the HSR, the HSR is required to give at least 24 hours’ notice, but not more than 14 days’ notice, of the assistant’s proposed access. This information must be given to the PCBU and the person with management or control of the workplace. Access to the workplace by the HSR’s assistant may be refused by the PCBU on reasonable grounds, in which case the regulator may be asked to appoint an inspector to resolve the access issue (see sections 70(1)(g), 71(3) and 71(6)).  

An HSR is not personally liable for anything done or not done in good faith while carrying out their role. 


Workplace Inspections and Checklist 

Workplace inspections must be conducted once a month by a Health and Safety representative (HSR), manager or a designated staff member.  

The Workplace Inspection Checklist must be completed and signed by all relevant parties, and placed in the Emergency Records File.  

The HSR, manager and staff must carry out any 'actions required' identified in the workplace inspection as soon as possible. This may include contacting the Facilities Management team or others in order to complete actions. The date that actions are completed must be recorded on the Workplace Inspection Checklist. 


Reporting Hazards and Incidents in SolvSafety 

  • A hazard is a situation you identify that has not yet occurred, however you recognise that it has the potential to do so. 
  • An incident is something that has occurred that may have or did, cause an injury, property damage or other loss. It is an event that disturbs your normal workflow. 

 

The steps to report an incident or hazard can be found at: