Model WHS Laws

We created the model WHS laws in 2011.

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WHS laws in your jurisdiction

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Data and Research

We collect, analyse and publish data and information on work health and safety and workers' compensation.

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Key work health and safety statistics

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Resources and Publications

We publish a wide range of resources covering many work health and safety topics.

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Read our Codes of Practice

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Key messages 

Reviewing controls should be done regularly and must be done:

  • when the control does not work effectively
  • when more could reasonably be done to eliminate or minimise risks
  • before changes at the workplace that might result in new or different work health and safety (WHS) risks
  • when new hazards or risks are identified
  • if the results of consultation indicate a review is necessary, or
  • if a health and safety representative (HSR) requests a review for one of the reasons stated above, or if they believe your review of control measures was inadequate.

Reports, incidents, complaints (including informal complaints) or grievances from workers may identify new hazards or risks and should trigger a review. These do not have to be raised in a WHS context to be seen as a WHS issue. For example, a worker raising concerns about excessive work hours may indicate that the risk of fatigue is not being managed well in the workplace.

Questions to consider may include:

  • Are controls working effectively, without creating new risks?
  • Have risks changed or are they different to what you previously assessed?
  • Are workers (and their representatives if they have them) actively involved in and consulted on the risk management process?
  • Are workers open to raising WHS concerns and reporting problems promptly?
  • Are workers trained to identify and report WHS concerns?
  • Are there any upcoming changes that might result in a worker being exposed to new or different risks?
  • Are new controls available that might better control the risks?
  • Have risks been eliminated or minimised as much as they reasonably can be?

If the effectiveness of the controls is in doubt, go back through the risk management steps, review your information and make further decisions about controls in consultation with workers.

You must ensure, as much as you reasonably can, that workers receive any information, training, instruction or supervision needed to protect everyone in the workplace from WHS risks. Information, training or instruction provided to a worker must be suitable, taking into account: 

  • the nature of the work
  • the nature of the risks associated with the work, and
  • the controls being used. 

You must also ensure (as much as you reasonably can) that information, training and instruction are provided in a way that workers can easily understand. 

Many workers in the healthcare and social assistance industry are from culturally and linguistically diverse backgrounds. 

You have a legal responsibility to make sure the information, training and instruction they receive about WHS is easy for them to understand. 

If your workers do not speak or understand English well or are new to the workforce, you could consider using translated materials, pictures or diagrams to demonstrate certain procedures, or additional supervision and training to ensure they understand how to perform their work safely. 

Training programs should be reviewed regularly, including when there is change to:

  • work processes (e.g. fatigue management, risk management), and  
  • controls (e.g. if using new equipment, ensure workers are trained in how to use it safely).

You should keep records of the training given to your workers. 

Since supervisors and managers are workers, they must also be provided training relevant to their role.

The level of supervision provided to workers depends on different factors, including the level of risk associated with a task, and the experience of the worker performing the task. 

For example, higher levels of supervision may be needed for workers who are new to the workforce, or who haven’t done a particular task before. 

Genuine commitment by you and your leaders is essential to managing WHS risks effectively. Leadership plays a crucial role in creating safe, respectful workplaces. Leaders, through their governance arrangements, actions and resourcing decisions, actively shape the organisation and the way work is undertaken. These decisions will, directly and indirectly, impact how effectively an organisation manages WHS risks. 

Leadership can drive cultural change within organisations. You and your leaders need to:

  • understand WHS risks in your organisation, and your legal responsibilities to address them
  • consult genuinely with workers (and their representatives) about how to improve WHS in the workplace
  • take WHS risks seriously by matching words with real action (e.g. make it easy and accessible for workers to report WHS risks and incidents)
  • allocate enough staff and resources to eliminate or minimise WHS risks as much as you reasonably can
  • model safe working behaviours, and challenge behaviour that does not align with good WHS practice (e.g. not following safety procedures or engaging in bullying or harassment), and
  • communicate clearly about actions being taken to address WHS risks.

Positive engagement with HSRs and unions demonstrates a commitment to preventing WHS hazards. 

Encouraging workers to become leaders themselves by supporting active HSRs can also make a positive difference to a health and safety culture at work.