In Short
- Employers (PCBUs) have a duty to ensure the safety of workers, customers, contractors, and visitors in the workplace.
- WHS obligations include providing a safe environment, proper equipment, and safety instructions.
- All parties, including customers, must comply with WHS laws and take reasonable care to avoid risks.
Tips for Businesses
Make sure customers and visitors understand the safety measures in your workplace. Display clear safety instructions and provide protective gear where necessary, especially in high-risk environments. Regularly assess risks and adapt WHS measures based on the resources and circumstances of your business to ensure a safe environment for all.
As a business owner, work health and safety (WHS) involves managing risks to ensure not only your workers’ health and safety, but also that of your:
- contractors;
- customers;
- suppliers; and
- visitors.
In this sense, WHS laws prevent employers from exploiting workers and engaging in unsafe business practices. This article will unpack your WHS obligations and provide practical tips you can implement to ensure your customers are aware of WHS risks.
What is WHS?
WHS includes managing risks to the health and safety of everyone who works at or visits your business, including:
- workers;
- customers;
- visitors; and
- suppliers.
In your workplace, any person, including customers and visitors, must take reasonable care to ensure their own health and safety and that of others. They must also comply with any instructions you give them regarding keeping the workplace safe. If any of your employees, customers or visitors fail to comply with their WHS duties, they may be legally responsible.
What Are My Obligations as an Employer?
As a person conducting a business or undertaking (PCBU), you have the primary duty of care to protect the health and safety of workers and others in your workplace. This applies to any place where you conduct business activities, including any:
- offices;
- homes;
- shops;
- factories;
- construction sites; or
- vehicles, including ships or aircraft.
Under WHS laws, you are obligated to provide, as far as reasonably practicable:
- a safe workplace, including safe systems of work;
- equipment for the safe use of plants, structures and substances;
- accessible facilities, such as bathrooms;
- information, training and supervision where required; and
- systems to monitor the conditions of your workplace.
What Will Be Reasonably Practicable?
If you are a small business, your obligations will be different to those of a large corporation.
To determine what is ‘reasonably practicable’ in your situation, you need to consider several factors, including the:
- likelihood of a risk occurring;
- extent of potential harm; and
- potential to mitigate the risk, including the availability of resources.
What Are the WHS Obligations of Customers in My Workplace?
Any person in your workplace, including customers and visitors, must take reasonable care of their own health and safety and that of others. The person must also comply, as much as possible, with any safety instructions that you give them. If they fail to do so, they may face prosecution.
For example, if you operate a restaurant and put up a sign stating that there is a risk of slipping due to the wet floor, your customer must take note of that sign. Displaying this sign may minimise your liability but not completely remove it.
As a business owner, you have a legal obligation to provide a safe workplace for your employees and customers. This free guide explains how.
What Are Some Practical Steps I Can Take?
There are several practical ways you can ensure the health and safety of customers and visitors to your workplace. For example:
- if you operate a construction site, you may wish to distribute safety gear like a hard hat and high visibility vest;
- if you are a beauty technician, you may wish to supply personal protective equipment, such as face masks.
- preparing, implementing and displaying emergency plans for your customers;
- providing first aid equipment and facilities; and
- providing and maintaining washing and eating facilities.
Key Takeaways
As a PCBU, you have the primary duty of care to protect the health and safety of workers and others in your workplace, including customers and visitors. You should take all reasonable steps to ensure the health and safety of all your visitors with the resources you have available.
If you require assistance understanding or meeting your WHS obligations, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
WHS (Work Health and Safety) refers to managing risks to the health and safety of everyone in your workplace, including workers, customers, suppliers, and visitors. It ensures safe business practices and prevents exploitation and accidents.
‘Reasonably practicable’ considers the likelihood of risks, the extent of potential harm, and the resources available to mitigate those risks. Small businesses have different obligations compared to larger corporations.
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