What is WHS and what does it mean for your business?

As we fast approach the festive season, WorkSafe bodies across Australia are issuing warnings for workplaces to be more vigilant with workers safety especially in high-risk workplaces like construction where the demands to “finish the job” can overtake safety procedures.

Prior to 2012, workplace health and safety (WHS) laws were known across Australia as occupational health and safety (OH&S) laws, however in order to make them more consistent, state and territory governments unilaterally agreed in 2012 to develop model laws (WHS Act and Regulations), that could form the base of each state and territories health and safety laws

As it stands across Australia, Comcare administers the Work Health and Safety Act 2011 (WHS Act) and Work Health and Safety Regulations 2011 (WHS Regulations). The current WHS Act and WHS Regulations states that Comcare provide the framework to ensure the health and safety of workers and workplaces by protecting workers and other persons against harm to their health, safety and welfare through the elimination of risks arising from work, in accordance with the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work as is reasonably practicable. Comcare also states the WHS Act and WHS Regulations promote continuous improvement and progressively higher standards of work health and safety.

So what does the WHS Act mean and how is it implemented by businesses across Australia?

Under the current laws a “person who conducts a business or undertaking” (PCBU) must ensure the health and safety of workers engaged by the PCBU while the workers are at work in the business or undertaking, so far as is reasonably practicable. SafeWork Australia says the PCBU is required to manage risks by the following:

  • eliminating risks to health and safety so far as is reasonably practicable
  • if elimination is not reasonably practicable, minimising the risks so far as is reasonably practicable.

Under the current legislation, the WHS Act imposes other duties on PCBUs and other persons in relation to workers and workplaces, and it provides for consultation, representation and participation to further the objects of the Act, which can include things like workplace arrangements for example working groups, health and safety representatives and health and safety committees.

The WHS Regulations make more detailed provision for topics covered by the WHS Act and includes providing more specific obligations and prohibitions for certain types of work. In some cases, a person can seek an exemption from requirements imposed by the WHS Regulations.

SafeWork Australia has published an online fact sheet, which outlines what is work for the purposes of the model WHS Act and says the following criteria may assist in determining if an activity is work for the purposes of the WHS Act:

  • the activity involves physical or mental effort by a person or the application of particular skills for the benefit of another person or for themselves (if self-employed), whether or not for profit or payment;
  • activities for which the person or other people will ordinarily be paid by someone is likely to be considered to be work;
  • activities that are part of an ongoing process or project may all be work if some of the activities are for remuneration;
  • an activity may be more likely to be work where control is exercised over the person carrying out the activity by another person; and
  • formal structured or complex arrangements may be more likely to be considered to be work than ad hoc or unorganised activities. The activity may be work even though one or more of the criteria are absent or minor.

They go on to say that work does not include activities of a purely domestic, recreational or social nature. Organisations who also do things other than social, domestic or recreational nature would be PCBUs but would only owe duties in relation to ‘work’ and only so far as is reasonably practicable.

So to make the legal jargon a little simpler to understand and to know if your business falls under the PCBU, WorkSafe Australia has listed a few examples of businesses or undertakings where this applies:

  • retailer
  • wholesale business
  • manufacturing business or importer that is on-selling the imported goods
  • owner-driver of their own transport or courier business
  • fast food franchisor and the operator of the fast food outlet (the franchisee)
  • self employed person operating their own business
  • government department or government agency
  • local council
  • school
  • Partnerships and unincorporated joint ventures. (Where the partnership or joint venture is unincorporated, each partner is a person conducting the business or undertaking of the partnership or joint venture).
  • builder (including principal contractors and sub-contractors)

Safework Australia plays a crucial role in all matters relating to WHS and is the lead developer of national policy that improves work health and safety and workers’ compensation arrangements across Australia. It does not regulate or enforce WHS legislation, that’s where Comcare comes in.

However, as a business owner, contractor or sub-contractor, under the current WHS laws which are applicable across all states and territories, the WHS requirements set out in the acts must be met – or be prepared – you may face substantial penalties if you don’t.

 

AlertForce is a recognised RTO and offers a variety of courses for WHS and OHS officers and staff in Sydney, Brisbane, Melbourne and Perth. Check our website for other states and territories. For more information on courses visit https://alertforce.com.au/ohs-training-courses

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    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 6th - Jul 7th

    CPCCDE3014A Remove non-friable asbestos

    Sydney (Arncliffe)

    $447

    Book now

    Sold out

  • Jul 6th

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Jul 7th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 8th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 9th

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 9th

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 9th - Jul 10th

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 10th

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 10th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 11th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 13th - Jul 14th

    CPCCDE3014A Remove non-friable asbestos

    Sydney (Arncliffe)

    $447

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 15th

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 16th - Jul 17th

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 16th

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 16th

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 17th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 17th

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Jul 20th - Jul 21st

    CPCCDE3014A Remove non-friable asbestos

    Sydney (Arncliffe)

    $447

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 22nd

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 23rd - Jul 24th

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 23rd

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 23rd

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 24th

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Jul 24th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    Enquire now

    Sold out

  • Jul 27th - Jul 28th

    CPCCBC5014A Conduct Asbestos Assessment

    Brisbane (Brendale)

    $997

    Book now

    Sold out

  • Jul 27th - Jul 28th

    CPCCDE3014A Remove non-friable asbestos

    Sydney (Arncliffe)

    $447

    Book now

    Sold out

  • Jul 29th

    10675NAT Course in Asbestos Awareness (1.00 PM - 5.00 PM)

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Darwin

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Melbourne

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Perth

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Canberra

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Sydney

    $227

    Book now

    Sold out

  • Jul 29th

    10675NAT Asbestos Awareness - 8.00 AM - 12.00 PM

    Brisbane

    $227

    Book now

    Sold out

  • Jul 30th

    RIIWHS204D Work Safely at Heights

    Sydney (Arncliffe)

    $197

    Book now

    Sold out

  • Jul 30th

    Traffic Controller

    Sydney (Arncliffe)

    $227

    Book now

    Sold out

  • Jul 30th - Jul 31st

    TC + ITCP

    Sydney (Arncliffe)

    $497

    Book now

    Sold out

  • Jul 31st

    Implement Traffic Control Plan

    Sydney (Arncliffe)

    $297

    Book now

    Sold out

  • Aug 3rd

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Aug 4th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Aug 6th

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Aug 7th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Sep 3rd

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Sep 4th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Sep 7th

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Sep 8th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Oct 1st

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Oct 2nd

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Oct 5th

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Oct 6th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Nov 2nd

    CPCCDE3014A Remove non-friable asbestos

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Nov 3rd

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • Nov 5th

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Nov 6th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Dec 3rd

    CPCCDE3014A Remove non-friable asbestos

    Brisbane (Brendale)

    $297

    Book now

    Sold out

  • Dec 4th

    CPCCBC4051A Supervise asbestos removal

    Brisbane (Brendale)

    $347

    Book now

    Sold out

  • Dec 7th

    CPCCDE3014A Remove non-friable asbestos

    Read more

    Melbourne (Derrimut)

    $297

    Book now

    Sold out

  • Dec 8th

    CPCCBC4051A Supervise asbestos removal

    Melbourne (Derrimut)

    $347

    Book now

    Sold out

  • No scheduled courses - please call us to discuss your requirements

Latest OHS news

Ep 33 Tap into Dr Susanne Bahn’s innovative online safety & mental health program

Read more

Ep 32 Special Counsel Jeremy Kennedy explains how new NSW legislation wipes ability to insure

Read more

Ep 31 Sarah-Jane Dunford juggling 3-4 health and safety businesses incl Hunter Safety Awards

Wow Sarah-Jane is dynamic and fast moving. At 40, she's very busy running Riskology Consulting, the Hunter Safety Awards, a new software project as well as the local branch of the Australian Instit...

Read more

Ep 30 Steve McLeod, Fire and Safety Australia / NSCA owner, explains how he did it!

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Testimonials

“In over 20 years of training, this was one of the best courses I’ve ever attended.”

Queensland Rail

“Great! The instructor made it interesting and enjoyable”

Leighton Contractors

” We heard that AlertForce delivers one of the best courses around so the boss decided to send me to Australia from New Zealand.”

Participant Public Course

“I liked the trainer’s positive outlook and uplifting approach towards completing the long day.”

Visionstream

“Very competent training course. Trainer was very knowledgeable on subject.”

Servicestream

“AlertForce provided an excellent trainer,  knowledgeable on the topic and allowed for active questioning.”

DHS

“Informative and concise training delivered at the right pace.”

AFMA.gov.au

“The Trainer was very engaging”

Fair Work Commission

“Interesting, informative, relevant.”

Airservices Australia

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