Health and safety law in Australia

What are the requirements of Work Health and Safety?

The Health and Safety at Work Act was a landmark piece of legislation in the UK. Previously, safety laws had focussed on specific industries such as factories, mines, quarries and agriculture and had proscribed specific rules and regulations. The 1974 act was formulated around goals and outcomes, and was comprehensive in scope. The Act has formed the basis of health and safety law throughout the world.

The basic tenets of worker safety legislation are that:

• risks to health and safety are controlled
• workers should not get hurt or ill at work
• responsibility falls on employers and employees

The main steps which employers need to follow are to:

• decide how workers could be harmed
• work out precautions to avoid harm
• explain how risks are controlled and who is responsible
• consult with workers and representatives
• provide health and safety training, sanitation and first-aid
• report dangerous incidents
• provide insurance for workers

There are also obligations for employees to:

• adhere to the training
• take care of yourself and others
• cooperate with employers on health and safety
• report if you think anyone is at risk

Are risk assessments part of health and safety?

Understanding risks and the dangers which workers are exposed to is a key responsibility for all employers. The approach for doing so falls under the heading of risk assessments covering in detail:

• who could be harmed and how
• controlling risk
• further actions needed, who will take them and when will they be done

Risk assessment examples and templates can be found on the HSE website, and includes specific guidance for offices, shops, food, car workshops, factories and warehouses.

For lone workers, it is important for employers to identify exactly who they are. Even if they work close to other people they may still be working alone, and need to be covered by the organisations’ lone working policy. We provide further details on lone worker policies in our Guide to Lone Working.

You can also see our blog on dynamic risk assessments for lone workers. Lone worker risk assessments need to take account travel and work locations, interaction with other people and the availability of support. While risk assessments take place before work is undertaken, dynamic risk assessments also take current situations into account and events as they unfold.

Why is training so important for health and safety?

Training is an integral part of the Health and Safety Act for all staff, including lone workers. Training needs to be tailored to address specific risks in different job roles, such as working at heights, night working and dealing alone with clients and members of the public.

To enhance health and safety at their place of work, employers can provide lone worker training which leads to accredited health and safety qualifications. The certificate from IOSH, the Institute of Occupational Safety and Health is globally recognised. Without the right training, employers run the risk of falling foul of health and safety legislation.

Training needs to cover the identification of training needs, training methods and implementation. Find out more in our blog on implementing effective health and safety training.

Why is reporting a key part of health and safety?

Thorough reporting is a vital part of effective health and safety management. Without a properly documented record of incidents, it is impossible to know with any accuracy about events in the past. Equally importantly, employers need a record of the steps taken to avoid the recurrence of accidents or other causes of injury.

Reporting can also identify trends which need to be addressed to manage health of safety properly. For example, a recent survey of health workers showed an increase in cases of harassment and abuse. A clear record of the incidents provided an explanation for increased stress in health care roles which resulted in increased absence. Management were left with decisions to make about key issues such as staff resources and solo night shifts.

The quality of reporting also reflects the success of embedding a thorough approach to health and safety across an entire organisation. The proportion of staff who are prepared to report hazards and incidents is cited as being as low as 1-in-6. To address this problem, organisations need to develop a culture which positively embraces health and safety. It is in the interests of employers and staff alike to do so.