Reading time: 6 minutes

If you are an employer, manager or officer of a business, you have duties to manage workplace health and safety (WHS) risks. Risk management is an ongoing and integral process for new and existing business owners. In particular, you should focus on risk management when you are changing work practices or environments and responding to workplace incidents or concerns. The duties under the model WHS laws can be challenging to interpret. However, Safe Work Australia has developed a code of practice (Code) to provide practical guidance on achieving the required workplace health and safety standards. They have provided effective ways for you to identify and manage risks in your business to ensure WHS compliance.

This article outlines some practical tips to help you comply with your WHS duties.

Identify Your Duty Holders

As an employer, you have the primary duty of care to ensure the health and safety of your workers. Under the model WHS laws, duty holders include:

  1. persons conducting a business or undertaking;
  2. officers; and
  3. workers.

You should identify your duty holders (e.g. by reviewing your organisational structure) and ensure that they understand their obligations. A person can have multiple duties, and more than one person can have the same duty at the same time. 

You can provide a workplace induction and implement a WHS policy to inform your duty holders of their responsibilities and the potential consequences for contravening the policy.

Undertake a Risk Management Process

The Code includes the following figure to illustrate the risk management process.

1. Identify Hazards

You should identify what could cause harm to people, including physical and mental injury or illness. For example, hazards may arise from the:

  • physical work environment;
  • use of equipment, material and substances; and
  • work process.

The Code provides the following examples of common hazards.

Hazard

Example

Potential harm

Manual tasks

Tasks involving sustained or awkward postures, high or sudden force, repetitive movements or vibration

Musculoskeletal disorders such as damage to joints, ligaments and muscles

Gravity

Falling objects, falls, slips and trips of people

Fractures, bruises, lacerations, dislocations, concussion, permanent injuries or death

Psychosocial

Excessive time pressure, bullying, violence and work-related fatigue

Psychological or physical injury or illness

Electricity

Exposure to live electrical wires

Shock, burns, damage to organs and nerves leading to permanent injuries or death

Machinery and equipment

Being hit by moving vehicles, or being caught in moving parts of machinery

Fractures, bruises, lacerations, dislocations, permanent injuries or death

Hazardous chemicals

Acids, hydrocarbons, heavy metals, asbestos and silica

Respiratory illnesses, cancers or dermatitis

Extreme temperatures

Heat and cold

Heat can cause burns and heat stroke or injuries due to fatigue

Cold can cause hypothermia or frostbite

Noise

Exposure to loud noise

Permanent hearing damage 

Radiation

Ultraviolet, welding arc flashes, microwaves and lasers

Burns, cancer or blindness

Biological

Micro-organisms

Hepatitis, legionnaires’ disease, Q fever, HIV/AIDS or allergies

How to Identify Hazards 

Furthermore, the Code also includes tips to identify hazards. For example, you should:

  • inspect the workplace – you should regularly walk around and observe the workplace;
  • follow the good work design and safe design principles – you should incorporate effective risk control measures early in the design process to promote healthy and safe work tasks, systems, environment and structures;
  • consult your workers – for example, you can conduct a worker survey or ask your workers about health and safety issues they have encountered;
  • consult your supply chains and networks – for example, you should speak with your suppliers and service providers to identify hazards and risks; and
  • review available information – for example, you can seek information and advice from regulators, legal advisors, WHS advisors, unions, industry associations and technical specialists.

Employment Essentials Factsheet

As an employer, understand your essential employment obligations with this free LegalVision factsheet.

Download Now

2. Assess Risks

A risk assessment involves determining, firstly, how hazards may cause harm. Secondly, you must assess how severe the harm could be. Finally, you should assess the likelihood of the harm occurring.

This step may not be necessary if the risks are known and you have measures to control the risks. However, expert or specialist advice can be helpful if you are conducting a risk assessment of a complex situation.

3. Control Risks

You should implement and maintain effective measures to control risks. To assist, the Code provides the following figure to illustrate the hierarchy of control measures.

To elaborate on this figure, the hierarchy of control measures includes:

  • elimination – for example, you can eliminate the risk of your worker falling from a height by instructing them to do the work at ground level;
  • substitution, isolation and engineering controls – for example, you can substitute solvent-based paints with water-based ones, isolate exposed edges and holes in floors from your workers by installing guardrails, or provide mechanical devices such as trolleys for jobs that require your workers to move heavy loads;
  • administrative controls – for example, you can develop safe work procedures, provide WHS training to your managers and workers, implement anti-discrimination, bullying and harassment policies and use signs to warn people of a hazard; and
  • personal protective equipment – for example, you can provide your workers with face masks, hard hats, protective eyewear, ear muffs and gloves.

The most effective control measure involves eliminating the risk. However, if this is not reasonably practicable, you should work through the alternatives in the hierarchy to minimise the risk.

4. Review Hazards and Control Measures

You should regularly review your control measures for effectiveness and improvements.

Keep Records

You should keep records of the risk management process, such as information about:

  • the identified hazards and assessed risks;
  • the control measures implemented;
  • consultations with officers, managers, workers and suppliers;
  • provision of training; and
  • plans for changes.

Key Takeaways

You should identify the duty holders in your business and ensure that they understand and comply with their obligations. Furthermore, you should also undertake and keep records of risk management processes. A risk management process involves identifying hazards, assessing risks, implementing measures to control risks and continually reviewing the control measures.

If you have any questions about complying with your WHS duties or preparing employee policies, contact LegalVision’s employment lawyers on 1300 544 755 or fill out the form on this page.

Frequently Asked Questions

Who needs to comply with the work health and safety (WHS) laws?

Duty holders under the model WHS laws include persons conducting a business or undertaking, officers and workers.

What does a risk management process involve?

A risk management process involves identifying hazards, assessing risks, controlling risks, and reviewing hazards and control measures.

Webinars

Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

Online
If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Online
Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Online
Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Online
Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Online
Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Online
Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Online
Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

Online
As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Dickson Wu
Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards