WHS committee
Health and safety committees aim to ensure that workers’ views are heard on WHS matters. The purpose of a health and safety committee is to provide a forum for management and workers together to identify and resolve health and safety problems, and to develop and monitor safe systems and procedures.
Legislation in all the Australian jurisdictions ensures that WHS committees may be elected in each workplace where a committee is requested. The other common method of ensuring workers’ views are heard is through a health and safety representative.
Note that all jurisdictions allow for either committees or representatives, or both, depending on the preference of the workers and the person conducting the business or undertaking. In jurisdictions that have adopted the new harmonized WHS legislation, more than one committee may be established in a business or undertaking.
Legislation in all the Australian jurisdictions ensures that WHS committees may be elected in each workplace where a committee is requested. The other common method of ensuring workers’ views are heard is through a health and safety representative.
Note that all jurisdictions allow for either committees or representatives, or both, depending on the preference of the workers and the person conducting the business or undertaking. In jurisdictions that have adopted the new harmonized WHS legislation, more than one committee may be established in a business or undertaking.
WHS duty holders
Worker - Workers include employees, contractors and volunteers working for a Commonwealth or non-Commonwealth licensee business or undertaking. Under the WHS Act, workers must take reasonable care for their own health and safety and take reasonable care that their actions or omissions do not adversely affect the health and safety of others.
PCBU's - The principal duty holder is a ‘person conducting a business or undertaking’ and replaces the term ‘employer’. PCBUs include the Commonwealth, Commonwealth Authorities, non-Commonwealth licensees, principal contractors, and will, in some cases, necessitate an analysis to understand who is a PCBU in a particular factual context under the new WHS laws.
The duty imposed on a PCBU is probably the most significant conceptual change from the majority of previous OHS Acts. For the public sector, it means that every activity that could give rise to a risk is captured in both policy and operational.
This change is aimed at ensuring that the WHS Act coverage extends beyond the traditional employer / employee relationship to include new and evolving work arrangements and risks.
Officer - An officer is a senior executive who makes, or participates in making, decisions that affect the whole, or a substantial part, of a business or undertaking. Officers have a duty to be proactive and continuously ensure that the business or undertaking complies with relevant duties and obligations.
The scope of an officers’ duty is directly related to the influential nature of their position. Continuous examination and care is required to ensure that the resources and systems of the business or undertaking are adequate to comply with the duty of care required under the WHS Act. This also requires officers to ensure that delegations are working effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified and the reliance must be reasonable.
The intention of the officers’ duty is to ensure engagement and leadership by officers in WHS management. This supports sustainability and improvement in WHS performance.
What is required of an officer should be directly related to the influential nature of their position. This is because the officer governs the PCBU and makes decisions for management. Continuous examination and care is required to ensure that the resources and systems of the PCBU are adequate to comply with the duty of care required by the PCBU. This also requires ensuring that they are performing effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified and the reliance must be reasonable.
Others - Other persons at the workplace have a duty to take reasonable care for their own health and safety. They also have a duty to take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons. They must also comply, so far as they reasonably can, with any reasonable instruction given by the person conducting the business or undertaking to allow the person to comply with the WHS Act.
PCBU's - The principal duty holder is a ‘person conducting a business or undertaking’ and replaces the term ‘employer’. PCBUs include the Commonwealth, Commonwealth Authorities, non-Commonwealth licensees, principal contractors, and will, in some cases, necessitate an analysis to understand who is a PCBU in a particular factual context under the new WHS laws.
The duty imposed on a PCBU is probably the most significant conceptual change from the majority of previous OHS Acts. For the public sector, it means that every activity that could give rise to a risk is captured in both policy and operational.
This change is aimed at ensuring that the WHS Act coverage extends beyond the traditional employer / employee relationship to include new and evolving work arrangements and risks.
Officer - An officer is a senior executive who makes, or participates in making, decisions that affect the whole, or a substantial part, of a business or undertaking. Officers have a duty to be proactive and continuously ensure that the business or undertaking complies with relevant duties and obligations.
The scope of an officers’ duty is directly related to the influential nature of their position. Continuous examination and care is required to ensure that the resources and systems of the business or undertaking are adequate to comply with the duty of care required under the WHS Act. This also requires officers to ensure that delegations are working effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified and the reliance must be reasonable.
The intention of the officers’ duty is to ensure engagement and leadership by officers in WHS management. This supports sustainability and improvement in WHS performance.
What is required of an officer should be directly related to the influential nature of their position. This is because the officer governs the PCBU and makes decisions for management. Continuous examination and care is required to ensure that the resources and systems of the PCBU are adequate to comply with the duty of care required by the PCBU. This also requires ensuring that they are performing effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified and the reliance must be reasonable.
Others - Other persons at the workplace have a duty to take reasonable care for their own health and safety. They also have a duty to take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons. They must also comply, so far as they reasonably can, with any reasonable instruction given by the person conducting the business or undertaking to allow the person to comply with the WHS Act.