Workplace health and safety (WHS)

Duties of employers

In all states and territories it is compulsory at law for an employer to have in place workers' compensation insurance (Refer Acumen note General practice insurance).

The duties of employers include the following:

Providing a safe workplace

In order to provide a safe workplace an employer must ensure to eliminate risks to health and safety so far as is reasonably practicable.

In architectural practice, there may be a number of locations that constitute the 'workplace' and WHS should be considered in all of them. The 'workplace' refers to all locations where the employees of the practice are carrying out activities on behalf of the practice, including project sites.

An architect may be a visitor to a workplace that is under the management of another party such as a contractor or building owner. In these situations, employers should ensure that their employees comply with the WHS requirements of that party as well as the WHS legislative requirements. Consider WHS procedures for sites that do not have WHS management systems in place, for example, a private residence when undertaking a site measure.

Ensuring that plant, equipment and substances used in the workplace are safe to use

Hazardous plant and substances should be identified through a hazard identification process. Safe work method statements should be provided for their proper use and maintenance in accordance with manufacturers' guidelines.

Ensuring that the work systems and work methodology is safe

Safe work method statements should be provided for activities where the employee may encounter a hazard. The statement should include any requirement for protective clothing to be worn.

Providing information, instruction, training and supervision to ensure employees' health and safety at work

Employers must ensure that any person who may be exposed to a risk is informed of the risk and is provided with information, training and instruction necessary to ensure the person's health and safety.

New employees must undergo an induction and be provided with access to safe work method statements. The employer’s WHS procedures should be reinforced at meetings with employees.

Adequate facilities

An employer must provide employees with adequate facilities and properly maintain the facilities. This includes amenities provided for the welfare or personal hygiene needs of employees.

Consulting with employees

Employers have a duty to consult their employees to enable the employees to contribute to decisions that may affect their health and safety at work.

An employer must not dismiss an employee or alter the employee's position to his or her detriment because the employee reports a WHS issue or is a member of a WHS committee or becomes a WHS representative.

WHS committees

A WHS committee may be established to review and monitor WHS conditions in the workplace. The statutory requirements that may require an employer to form a WHS committee or elect a WHS representative vary with state and territory-based legislation. Some states require a committee to be formed or a representative to be elected where requested by the employees and/or where the firm has more than a specified minimum number of employees. A WHS committee may also be required where a state Safe Work authority directs a committee to be formed. Committees should include employee representatives.

Safety induction training and cards

Formal accredited WHS induction training in the construction industry is required under some state legislation. Under some legislation architects, because they often inspect the works unaccompanied by the party responsible for the site, are deemed to be subcontractors with a similar status to the construction workers on the site. Architects are therefore required to undergo safety induction training and obtain certification.

After successfully completing an accredited training course, a certificate and, for convenience, a safety induction card, are awarded. The card is sometimes referred to as a 'green card' or 'white card'.

Employers have an obligation to ensure that their employees have the appropriate induction training and certification before entering a building site. Site-specific induction which may be provided by a contractor is not a substitute for safety induction certification.

Significant fines can apply for the individual and the party responsible for the site if an individual is found to be on site without the proper safety induction certification.

Providing for emergencies

An employer must ensure that, in the event of an emergency, arrangements have been made for the rapid evacuation of persons, emergency communications and appropriate treatment of injured persons.

Details of the evacuation plan should be kept on display. One or more persons should be appropriately trained to oversee emergency evacuation and the proper use of firefighting equipment.

First aid kits

An employer should provide first aid facilities for the immediate treatment of injuries and illness. Some state-based legislation specifies the content of first aid kits.

Policies

A WHS policy is usually recommended by WHS authorities as a way an organisation demonstrates its commitment to WHS.

A WHS policy is a statement of principle that the employer upholds. It should state the employer’s intent, give a clear direction from management and include the whole organisation.

Notification of incidents

Most state WHS legislation requires the employer to notify the local Safe Work authority of serious incidents which have caused death, serious injury or disease.

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Duties of employees

Employees must:

• take reasonable care for their own health and safety at work
• take reasonable care that their actions or lack of action does not adversely affect the health and safety of others
• cooperate with all directions or procedures provided by the employer or other persons to comply with WHS legislation.

Protective clothing

Where necessary, protective clothing is required to be worn, to reduce the risk of injury. The employer should provide the employee with protective clothing unless it is made a condition of the employee's engagement that they provide their own protective clothing. Australian Standards specify the requirements for the manufacture of protective clothing. Sunscreen and protective clothing should be worn when there is prolonged exposure to the sun.

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Resources and further reading

For further information contact the Safe Work authority in your state or territory:

• Australian Capital Territory - https://www.accesscanberra.act.gov.au/ 
• New South Wales - www.safework.nsw.gov.au
• Northern Territory - www.worksafe.nt.gov.au
• Queensland - www.worksafe.qld.gov.au
• South Australia - www.safework.sa.gov.au
• Tasmania - www.worksafe.tas.gov.au
• Victoria - www.worksafe.vic.gov.au
• Western Australia - www.safeworkaustralia.gov.au/contacts-your-stateterritory/contacts-western-australia

Additional WHS resources including a WHS Policies and procedures manual and WHS Implementation guide are available to all members through HR Hub.

Anti-bullying and harassment 

An overview of workplace bullying, prevention and response procedures and resources can be found at:

• Fair Work Ombudsman
• Fair Work Commission
• The Safe Work authority in your state or territory (see links above)
• The human rights commission in your state and territory

Further information on bullying, cyberbullying and harassment is also available through HR Hub.

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