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- - Employee Relations Advice Centre & Resources
  - Employee Relations Advice Centre
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    Our vision is for WA to be the best place to live and do business. We’re ready to help you with the core challenges you face.
    
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- - Ensuring compliance in the workplace
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Getting Work Health & Safety (WHS) Right

Working together to get WHS right

WHS Reform impacts us all

WHS reform has wide reaching impacts on all WA businesses. By using the free resources we have put together or getting in touch with us for more support, You’re doing your part to get WHS right.

Working together to get WHS right

In 2022, Western Australia experienced a significant number of changes to its work health and safety (WHS) landscape. New legislation came into effect which more closely aligned WA’s WHS laws with those seen in other states.

We know that WA employers want to do the right thing by their workers but sometimes just don’t have the support or resources available to navigate their way through the system.

When big changes like those we have seen as part of the WHS reform take place, it’s a timely reminder to refresh your knowledge and make sure your business is compliant, so that both you and your workers are safe in the workplace.

Here you can find the practical advice, guidance and resources you need to get employment right, including:

Free eLearning Resources on WHS laws in Western Australia
Free webinars on the new work health and safety laws
Free information sheets and more to come

Free WHS Officer Checklist

Step 1 of 14

Could you be an Officer?

This WHS Officer Checklist considers the due diligence obligations of Officers as defined under section 27(5) of the Work Health and Safety Act 2020 (WHS).

In broad terms, an Officer is any person who makes or participates in decisions that affect the whole or a substantial part of the business or undertaking. An Officer under the WHS Act is defined with reference to the Corporations Act 2001 (Cth).

Under the WHS Act, Officer due diligence includes taking reasonable steps to:

acquire and keep up-to-date knowledge on work health and safety matters
understand the nature and operations of the work and associated hazards and risks
ensure the PCBU has and uses appropriate resources and processes to eliminate or minimise risks to work health and safety
ensure the PCBU has methods to receive and consider information about work-related incidents, hazards and risks, and to respond on time
ensure the PCBU has, and implements, processes for complying with their duties and obligations (for example, reports notifiable incidents, consults with workers, complies with notices, provides appropriate training and instruct ion and ensures HSRs receive training entitlements)
verify the provision and use of the relevant resources and processes.

Do you make or participate in making decisions affecting the whole or a substantial part of the business or undertaking?(Required)

Yes

For example:

Future strategic direction
Management or administration of the entire or a significant portion of the business or undertaking
Overall financial management
Allocating resources
Significant capital expenditure or selling assets
Forming policies or strategies with considerable bearing on how the business or undertaking is conducted.

Are you a director or secretary of the corporation?(Required)

Yes

You may be an Officer for the purpose of the WHS Act if you make decisions affecting the whole or a substantial part of a business or undertaking.

A person can be an Officer when they participate in the decision-making process, even if they do not make the decision.

Generally, a person is unlikely to be an Officer if they are responsible for

making operational level decisions at an operational level; or
making less significant financial decisions (in the context of the type of business)
making decisions under supervision or direction.

If you are unsure whether you may be an Officer under the WHS Act, we recommend you seek professional advice on your circumstances.

Your response makes it less likely that you are an Officer for the WHS act.

You may be an Officer for the WHS Act if you make decisions affecting the whole or a substantial part of a business or undertaking.

A person can be an Officer when they participate in the decision-making process, even if they do not make the decision.

Generally, a person is unlikely to be an Officer if they have responsibility for

making decisions at an operational level; or
making financial decisions that are not significant (in the context of the type of business) or carried out under a manager's supervision or direction.

If unsure, we recommend you seek professional advice on your circumstances.

Is there a system in place to ensure that Officers receive sufficient WHS information?(Required)

Yes

For example:

Keep up to date with WHS matters relevant to the type of operations
Monitor and review information on the Company’s WHS performance

Does the Company have a safety management system?(Required)

Yes

Do Company Officers regularly review WHS matters at senior management/executive meetings?(Required)

Yes

Based on your responses, some measures may be in place to ensure Officers acquire and keep up to date with knowledge of WHS matters.

Under the WHS Act, methods of ensuring compliance with this obligation may include:

Reviewing relevant publications and communications
Attending WHS training and awareness sessions
Monitoring and reviewing information regarding safety matters and performance
Ensuring WHS matters are discussed at regular senior management and executive meetings.

Based on your responses, further action may be required to ensure Officers acquire and keep up-to-date knowledge of WHS matters.

Methods of ensuring compliance with this obligation may include, but are not limited to:

Reviewing relevant publications and communications
Attending WHS training and awareness sessions
Monitoring and reviewing information regarding safety matters and performance
Ensuring WHS matters are discussed at regular senior management and executive meetings.

Do Officers have understand of the organisations operations?(Required)

Yes

For example:

The nature of the business or undertakings core operations
Hazards and risks of core operations
Common risks and hazards associated with the industry

Are Officers kept up to date when the nature of the business or undertaking’s operations change?(Required)

Yes

Based on your responses, Officers may have some understanding the nature of operations and associated hazards and risks.

Ways of ensuring compliance with this obligation includes:

Regular visits to the site
Undertaking training concerning the business or undertaking’s safety systems
Learning about common risks and hazards associated with the industry in which the business or undertaking operates
Understanding significant hazards and higher risk activities associated with the business or undertaking’s operations

Based on your responses, it appears that Officers may not have sufficient understanding of the nature of operations and associated hazards and risks.

Ways of ensuring compliance with this obligation includes:

Regular visits to the site
Undertaking training concerning the business or undertaking’s safety systems
Learning about common risks and hazards associated with the industry in which the business or undertaking operates
Understanding significant hazards and higher risk activities associated with the business or undertaking’s operations

Considering the size of the business or undertaking and operations, does the Board and management have accountability?(Required)

Yes

For the following:

sufficient resources are allocated to safety
appropriate resources and processes to eliminate or minimise WHS risks

Are there systems in place?(Required)

Yes

For the following:

to identify hazards
eliminate hazards so far as is reasonably practicable
identify and implement appropriate control measures

Is there appropriate in-house or external WHS expertise?(Required)

Yes

Based on your responses Officers may be taking reasonable steps to ensure that the business or undertaking has available and uses appropriate resources and processes to eliminate or minimise risks to safety.

Method of ensuring compliance with this obligation may include:

WHS experts having sufficient authority
WHS reports go directly to senior management
Sufficient allocation of resources to WHS
WHS is a part of all budget decisions
Verification that the above is in place and actioned

Based on your responses, more may be required of Officers to ensure the availability and use of appropriate resources and processes to eliminate or minimise risks to safety.

Method of ensuring compliance with this obligation includes:

WHS experts having sufficient authority
WHS reports go directly to senior management
Sufficient allocation of resources to WHS
WHS is a part of all budget decisions
Verification that the above is in place and actioned

Are processes and systems in place to report and respond to notifiable incidents as required under the WHS Act?(Required)

Yes

Do Officers receive accurate and timely WHS information concerning the incidents, hazards, and risks?(Required)

Yes

Do Officers verify and audit WHS information and reports?(Required)

Yes

Based on your responses, further may be required for Officers to ensure that the PCBU has processes for receiving and considering WHS information on time.

Compliance with this obligation includes:

Officers receiving and considering relevant and accurate WHS reports
Officers ensuring WHS report information is audited and verified

Based on your responses, further may be required to ensure Officers receive and consider WHS information promptly.

Compliance with this obligation includes:

Officers receiving and considering relevant and accurate WHS reports
Officers ensuring WHS report information is audited and verified

Can Officers confirm that the business or undertaking completes the things listed below?(Required)

Yes

Identifies legal obligations under the WHS Act
Reviews WHS policies, procedures, and practices against WHS legal obligations
Ensures workers and work health and safety representatives understand their WHS obligations
Receives WHS reports and notifiable incidents
Consults with workers on WHS matters

Could the Company provide evidence to demonstrate it understands its legal obligations concerning WHS?(Required)

Yes

Does the Company verify that contractors and subcontractors have appropriate WHS systems in place before commencing work?(Required)

Yes

Based on your responses, Officers may be taking reasonable steps to ensure the business or undertaking is meeting obligations under the WHS Act.

Compliance with this obligation may include Officers ensuring the business or undertaking:

Identifies and complies with legal obligations, including reporting notifiable incidents
Complies with notices issued under the WHS Act
Audits WHS policies, procedures, and practices
Monitors compliance with WHS training requirements
Identifies management of WHS at all levels, including contractors and subcontractors.
Consults with workers
Verifies the above is in place and actioned.

More may be required for Officers to take reasonable steps to ensure the business or undertaking is meeting its obligations under the WHS Act.

Compliance with this obligation may include Officers ensuring the business or undertaking:

Identifies and complies with legal obligations, including reporting notifiable incidents
Complies with notices issued under the WHS Act
Audits WHS policies, procedures, and practices
Monitors compliance with WHS training requirements
Identifies management of WHS at all levels, including contractors and subcontractors.
Consults with workers
Verifies the above is in place and actioned.

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Free WHS eLearning

Here you can access free eLearning materials to be used in your business.
Our eLearning materials will take you through the basics of the new WHS landscape after the 2022 reform to help you take proactive steps towards compliance.

Course contents

These courses are broken into two different categories to suit the information you may be needing. One course is targeted toward ‘Persons Conducting a Business or Undertaking’ (PCBU’s) and one targeted toward the responsibilities of their ‘workers’.

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Find out more

Looking for something more?

In addition to these free introductory courses there is plenty more available via CCIWA’s Learning Solutions team.

Contact [email protected] if you’d like to learn more.

Free WHS Webinars

We recently finished a series of free webinars on the new work health and safety laws in Western Australia. You can still watch one for free right here.

The Work Health and Safety Act (2020) and Regulations (2022) have replaced WA’s previous Occupational Safety and Health Act. This new WHS Act is the framework to protect the health, safety and welfare of all workers at work and of other people who might be affected by work.

The new laws bring vast changes for the continuing obligations of organisations, executives, workers, and associated penalties.

During each session, topics covered include:

Duty obligations of the Person Conducting a Business or Undertaking (PCBU)
Duty obligations of Workers
Due diligence obligations of Officers
Penalties for Workplace fatalities – Industrial Manslaughter and Category 1 offences
Snapshot of the new WHS Regulations

Expert advice if you need it

Mistakes happen and there is help available to correct and prevent them moving forward. Our Employment Law WA Team can help your business get things back on track in a number of different areas such as:

Underpayment claims
Unfair dismissals
Employment contracts
Workplace policies

Call (08) 9365 7746

Get in contact with us

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Acknowledgement of Country

The Chamber of Commerce and Industry WA (CCIWA) acknowledges the traditional custodians of Australia and their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders past and present.

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All content is for general information purposes only, and should not be used as a substitute for consultation with professional advisers

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About Us
- Australian Chamber Movement
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Join our Team
Contact
News & Media
Membership
Events & Learning
Resource Centre
- - Employee Relations Advice Centre & Resources
  - Employee Relations Advice Centre
  - HR Management Kits and Guides
  - Legal Guides and Toolkits
  - Respect@Work Packs
  - HR Health Check-up
  - Industrial Award Subscription Service
  - Workplace Laws
- - Business Toolbox & Resources
  - Business Toolbox
  - WA Works
  - Economic Insight
  - Grant Finder
  - Construction Industry Report
- - Free Business Resources
  - Getting Work Health & Safety (WHS) Right
  - Getting Employment Right Hub
  - Business Compliance Health Check
  - Respect@Work Assessment
  - COVID-19 Additional Resources and Webinars
How we can help
- - Ensuring compliance in the workplace
  - Workplace and Employment Law
  - Corporate and Commercial Law
  - Human Resource Consulting
  - Mediation Services
  - Workplace Health & Safety
  - Workplace Training & Modern Learning Solutions
  - Accounting, Taxation and Advisory Services
- - Striving for business growth
  - International Trade Services
  - Investment Consulting
  - Certificate of Origin and International Trade Documentation
  - TradeStart Services
  - WA Investment Opportunities
- - Connecting to Resources and the Supply Chain
  - Industry Capability Network WA
  - Project Owners
  - Construction and Mining Services
  - Work Integrated Learning
Advocating for change

How can CCIWA help

Advocating for change

Getting Work Health & Safety (WHS) Right

Working together to get WHS right

Free WHS Officer Checklist

Could you be an Officer?

Free WHS eLearning

Course contents

Looking for something more?

Free WHS Webinars

Expert advice if you need it

Call (08) 9365 7746

Acknowledgement of Country

Helpful links

Newsletters