Understanding work health and safety (WHS) legislation

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Under the Australian Constitution, each jurisdiction (Commonwealth, states and territories) has responsibility for work health and safety (WHS) or occupational health and safety (OHS) legislation. This legislation imposes WHS/OHS obligations on architects – both directly and indirectly.

Safe Work Australia has developed a national policy relating to WHS and workers’ compensation. The Commonwealth, states and territories regulate and enforce these laws and workers’ compensation systems. The Commonwealth, states and territories, except for Victoria, have adopted the model WHS Act. This note provides a guide for architects to the model WHS Acts, WHS Regulations and Codes of Practice, the Victorian OHS legislation and an overview of responsibilities.

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