Understanding WHS in Australia
Work health and safety legislation in Australia follows model laws developed by Safe Work Australia, implemented through state and territory legislation. While there are some variations, the core duties and framework are consistent across jurisdictions.
PCBU duties
- Safe work environment
- Safe plant and structures
- Safe systems of work
- Adequate training
Worker duties
- Take reasonable care
- Follow instructions
- Use safety equipment
- Report hazards
Primary duty of care
The primary duty under WHS laws requires PCBUs to ensure health and safety so far as is reasonably practicable. This involves:
Key elements of the primary duty
Risk management approach
WHS laws require a systematic approach to managing risks:
- Identify hazards: Find things that could cause harm
- Assess risks: Evaluate likelihood and consequences
- Control risks: Implement measures following the hierarchy of controls
- Review controls: Monitor effectiveness and update as needed
The hierarchy of controls prioritises elimination over substitution, engineering controls, administrative controls, and PPE as the last resort.
WHS consultation requirements
PCBUs must consult with workers on WHS matters that affect them. This includes when identifying hazards, making decisions about risk control, proposing workplace changes, and developing WHS procedures. The Safe Work Australia website provides guidance on consultation requirements.
Specific WHS hazards in rostered workplaces
Fatigue risks
- Excessive hours without breaks
- Insufficient rest between shifts
- Night shift and rotating rosters
- Working alone or isolated
Psychosocial risks
- Workplace bullying
- High job demands, low control
- Poor support from managers
- Customer aggression
Common WHS compliance mistakes
No documented risk assessments
Failing to identify, assess, and document risks and the controls implemented to manage them.
Inadequate consultation
Not consulting with workers on WHS matters or not having mechanisms for workers to raise safety concerns.
Ignoring fatigue risks
Not managing working hours and roster patterns to prevent fatigue-related incidents.
Key takeaways
WHS laws impose a primary duty on employers to ensure health and safety so far as reasonably practicable. This requires a systematic approach to identifying hazards, assessing risks, and implementing controls.
Safe rostering is part of WHS compliance. RosterElf helps manage working hours, ensure adequate rest between shifts, and maintain records that support fatigue management obligations.
