Introduction to the Work Health and Safety Act 2020

Summary

Western Australia's Work Health and Safety (WHS) Act aims to create healthier, safer workplaces across the state, addressing modern work environments such as freelancers, contractors, and gig economy workers. The Act places the responsibility for workplace health and safety on the person conducting a business or undertaking (PCBU), ensuring they maintain a safe environment for workers and the public. It highlights shared duties among multiple PCBUs, the importance of consultation with workers, and the inclusion of mental health alongside physical health in workplace safety. The video encourages everyone to contribute to a safe and healthy working environment.

Takeaways

• 😀 Work health and safety (WHS) is everyone's responsibility, including workers, employers, and other stakeholders.
• 😀 The Western Australian WHS Act was introduced on March 31, 2022, to ensure modern workplace conditions are covered by a unified legal framework.
• 😀 The primary duty of care for workplace safety lies with the person conducting a business or undertaking (PCBU), whether it's an individual or organization.
• 😀 PCBUs must ensure a healthy and safe environment, implement safe systems of work, provide proper training, and act upon incidents.
• 😀 In shared workplaces, multiple PCBUs may have joint responsibilities for health and safety, and they must cooperate and coordinate their efforts.
• 😀 Workers have a duty of care for their own health and safety and must comply with reasonable instructions related to health and safety at work.
• 😀 Customers and visitors also share responsibility for their own health and safety while complying with workplace health and safety instructions.
• 😀 Volunteer organizations are not automatically covered by the WHS Act unless they employ at least one person, making them subject to WHS duties.
• 😀 Officers within an organization must ensure that the PCBU complies with all work health and safety obligations through due diligence.
• 😀 Workers can raise health and safety concerns and have the right to cease work if they believe there is a serious risk to health and safety, without fear of discrimination.
• 😀 The WHS Act requires PCBUs to address both physical and psychological health hazards, ensuring a holistic approach to employee wellbeing.

Q & A

What is the primary duty of care under the WHS Act?

The primary duty of care under the WHS Act lies with the person conducting a business or undertaking (PCBU). The PCBU has an overarching responsibility to ensure health and safety in the workplace, as far as reasonably practicable.

What are PCBUs responsible for under the WHS Act?

PCBUs are responsible for providing and maintaining a healthy and safe work environment, ensuring safe systems of work, properly training workers, acting upon incidents, reviewing control measures, and anything else reasonably practicable to ensure workplace health and safety.

How do multiple PCBUs share responsibility in a workplace?

When multiple PCBUs are involved in a shared work environment, such as in a shopping center or a heavy vehicle workshop, they all share a duty of care. PCBUs must consult, cooperate, and coordinate with one another regarding health and safety matters so far as is reasonably practicable.

What role do workers play in workplace health and safety?

Workers have a duty of care for themselves and others affected by their actions or omissions. They must comply with any reasonable instructions given by the PCBU in relation to work health and safety and cooperate with policies and procedures.

Does the WHS Act apply to volunteer organizations?

The WHS Act does not apply to a volunteer organization that consists solely of volunteers. However, if the organization employs at least one person, the WHS Act applies, and the organization has a duty of care for its workers and volunteers.

What is the role of officers in workplace health and safety?

Officers in an organization, such as those with significant influence over the business's management, have a due diligence duty. They must ensure that the PCBU complies with its work health and safety obligations.

What does the WHS Act require from PCBUs in terms of consultation with workers?

The WHS Act requires PCBUs to consult with workers who are likely to be directly affected by health and safety matters. Workers must be given reasonable opportunities to express their views, raise issues, and have those views heard.

Can workers refuse to carry out work if they believe it poses a serious risk to health and safety?

Yes, workers can refuse to carry out a work task if they have a reasonable concern about a serious risk to their health and safety or the health and safety of others. It is unlawful to discriminate against workers for exercising this right.

How does the WHS Act address psychological health in the workplace?

The WHS Act defines health as both physical and psychological. PCBUs have a duty of care to ensure a healthy working environment, considering and assessing psychological health hazards and risks just as they would physical health hazards.

What is the significance of the shared duty of care in workplaces with multiple PCBUs?

The shared duty of care ensures that all PCBUs involved in a workplace must work together to ensure health and safety. This shared responsibility means that no PCBU can opt out of their health and safety obligations, and they must consult, cooperate, and coordinate their efforts with others.