By Adrian Turner

Work Health and Safety (WHS) isn’t an option, it’s a must. There’s a common misconception in many workplaces across the nation; that if you operate a business outside of a blue-collar industry, WHS legislation doesn’t apply. But did you know that Australian law states that employers are obligated to have the right systems and processes in place to ensure the working environment is safe and healthy?

Recently, our Head of Safety, Adrian Turner, presented a webinar where he addressed the importance of WHS compliance, explaining everything from the systems and processes that businesses should have in place to comply with WHS laws to employer obligations.

If our calendars didn’t line up or you’d just like to know more about this topic, this article covers the key points Adrian addressed in this exclusive workshop including practical tips to manage workplace safety.

Let’s go back to the WHS basics, what are they?

From remote and hybrid working environments to promoting a positive safety culture in your workplace, businesses need to protect their people no matter where they do their work. Safety isn’t something that has an off switch, it doesn’t stop just because the clock has hit five PM or an employee has gone on a break.

Employers have a legal duty of care to ensure the health and safety of all employees no matter where they’re carrying out work-related duties and responsibilities. It’s also important to remember that WHS legislation defines health as both psychological and physical.

This duty to provide a safe working environment and ensure the well-being of people in the workplace extends to ensuring workers are consulted on health and safety matters, that there are proper systems in place to manage and mitigate risks, machinery and other equipment are maintained and are safe to use, and employees receive adequate training, development, and instruction to complete their duties safely.

What is a person conducting a business or undertaking?

In its simplest form, a person conducting a business or undertaking (PCBU) is anyone who operates a business. Nine times out of 10 it is an employer, but the term captures all types of working arrangements or structures including a company, a partnership that operates an organisation, or a sole trader.

Who is a WHS officer and what are their responsibilities?

A WHS officer can be:

  • Director or secretary.
  • A person who has the capacity to significantly affect the corporation’s financial standing.
  • A person who instructs or wishes the directors of the corporation to act.
  • Persons making decisions that affect a whole or substantial part of the business.

Their responsibilities include:

  • acquiring and keeping up-to-date knowledge of WHS matters;
  • understand the business’s operations and the hazards and risks;
  • ensuring the organisation has appropriate resources and processes to manage identified risks;
  • implementing proper systems for managing hazards and incidents;
  • ensuring the company is compliant with all duties;
  • verifying the provision and use of resources and processes.

Penalties, fines, and consequences

Did you know that WHS is a criminal jurisdiction? The sheer scale of penalties that stem from non-compliance is extensive and can really damage a business. Potential fines exceed $3 million for businesses and individuals can face fines and significant jail time.

Watch this workshop on-demand here.

There’s no grey area when it comes to WHS compliance, businesses must get this right.

HR Assured is more than just an outsourced HR service – we also provide a comprehensive WHS management system for businesses to manage their safety obligations with ease. From an audit of your business’s current WHS systems and processes that will uncover any risks, and accessing the 24/7 Telephone Advisory Service, to WHS management software and WHS policies and procedures, HR Assured has a complete, compliant, and cost-effective solution that can help you build a smarter business.

Start saving time and resources today – speak to the team at HR Assured.

If this article has raised any questions for you about your WHS obligations or compliance,  we’d like to offer your business a complimentary WHS audit of your business. Arrange a WHS Health Check today.  

Not an HR Assured client? If you’d like more information about the benefits of becoming an HR Assured client, contact us today for an informal chat.

Adrian Turner is a Senior Product Manager for HR Assured and General Counsel at FCB Group. Adrian was initially employed with FCB from 2014 – 2017 as a Workplace Relations Consultant and Solicitor, where his role primarily involved assisting partners with complex workplace disputes, employment litigation and advice for clients. Adrian spent the next four years working in a General Counsel role outside FCB and completing his Master of Business Administration (MBA). Adrian has since returned to HR Assured in a multi-disciplinary role across the legal services and business development areas of the company. Adrian draws on his technical expertise in employment and commercial law along with his business acumen to deliver tailored advice and practical solutions to our clients.