Work Health and Safety (WHS) Compliance for Small Businesses in Australia: A Comprehensive Guide

Ensuring a safe and healthy workplace is not just a legal obligation for small businesses in Australia—it’s a cornerstone of operational success. With small businesses comprising 97% of all Australian enterprises and employing over 4.7 million workers, understanding and adhering to Work Health and Safety (WHS) laws is paramount.

Small Business WHS (Safety) Compliance Help

Understanding WHS Compliance

In Australia, WHS laws are primarily governed by the Work Health and Safety Act 2011, which has been adopted by most states and territories. This legislation outlines the responsibilities of business owners, managers, and workers in maintaining a safe work environment. The primary duty of care, as outlined in this act, requires organizations to provide a safe work environment, adequate training, supervision, and resources necessary for workers to perform their duties safely.

Key WHS Obligations for Small Businesses

1.       Duty of Care

As a Person Conducting a Business or Undertaking (PCBU), you must ensure, so far as is reasonably practicable, the health and safety of:

• Workers engaged by the business

• Workers whose activities are influenced or directed by the business

• Other persons at the workplace

This includes providing and maintaining a work environment without risks to health and safety, safe systems of work, safe use and maintenance of plant and structures, and adequate facilities for the welfare of workers.

2.       Risk Management

Implementing a systematic approach to identify hazards, assess risks, and control them is essential. This process should be ongoing and involve consultation with workers to ensure effectiveness.

3.       Training and Supervision

Providing appropriate training, instruction, and supervision to workers ensures they can perform their work safely. This includes induction programs, ongoing safety training, and supervision tailored to the specific needs of the workplace.

4.       Consultation with Workers

Engaging with workers in the decision-making process regarding health and safety matters is not only a legal requirement but also fosters a culture of safety. This can be achieved through regular meetings, safety committees, and feedback mechanisms.

5.       Record Keeping

Maintaining accurate records of safety training, risk assessments, incidents, and consultations is crucial. These records demonstrate compliance and can be invaluable in the event of an audit or investigation.

Essential WHS Policies and Procedures

To comply with WHS laws, small businesses should implement the following key policies and procedures – the experts at ISOsafe can prepare tailored policies and procedures to help your business comply with requirements:

• Workplace Health and Safety Policy: Outlines the commitment to providing a safe and healthy work environment.

• Incident Reporting and Investigation Procedure: Details how incidents are reported, investigated, and corrective actions are implemented.

• Emergency Procedures: Specifies actions to be taken in case of emergencies, including evacuation plans and first aid.

• Hazardous Materials Handling Procedure: Guidelines for the safe handling, storage, and disposal of hazardous substances.

• Personal Protective Equipment (PPE) Policy: Defines the types of PPE required and procedures for their use and maintenance.

• Workplace Inspection Checklist: A regular checklist to identify and rectify potential hazards.

• Training and Induction Program: Ensures all workers receive appropriate training and induction regarding workplace safety.

• Consultation and Communication Procedure: Facilitates effective communication and consultation with workers on safety matters.

Contact ISOsafe to ensure your Company WHS Policies and Procedures are compliant and appropriate for your business – 1300 789 132

The Importance of Risk Assessments and Safe Work Method Statements (SWMS)

Conducting regular risk assessments is a fundamental aspect of WHS compliance. These assessments help identify potential hazards in the workplace and implement measures to control or eliminate risks.

For businesses engaged in high-risk construction work, preparing a Safe Work Method Statement (SWMS) is a legal requirement. A SWMS outlines the specific hazards associated with particular tasks and the control measures to mitigate these risks.

Even for non-construction tasks, conducting risk assessments is beneficial. While a SWMS may not be required, identifying and managing risks ensures a safer work environment and demonstrates a commitment to WHS compliance.

Get Your FREE SWMS template here: https://isosafe.com.au/blog/free-blank-swms-template

Jurisdictional Considerations

While the model WHS laws provide a national framework, each state and territory in Australia administers and enforces its own WHS legislation. Notably, Victoria operates under its Occupational Health and Safety Act 2004, which, while similar, has distinct provisions. It's imperative for small business owners to familiarize themselves with the specific WHS regulations applicable in their jurisdiction to ensure full compliance.

 Benefits of WHS Compliance

Adhering to WHS laws not only ensures legal compliance but also offers several business advantages:

• Reduced Workplace Incidents: Proactive safety measures lead to fewer accidents and injuries.

• Enhanced Reputation: A commitment to safety enhances your business's reputation among clients, employees, and the community.

• Increased Productivity: A safe work environment leads to fewer disruptions and improved employee morale.

• Financial Savings: Reduced incidents can lead to lower insurance premiums and fewer compensation claims.

Resources for Small Businesses

ISOsafe have all the resources for small businesses from preparing customised WHS paperwork such as inductions and SWMS through to conducting site safety reviews that are supported by comprehensive reports to ensure your business complies with its WHS requirements. Call Us Today – 1300 789 132.

ISOsafe’s FREE Resources for your business available on the below links:

FREE SWMS Template: https://isosafe.com.au/blog/free-blank-swms-template

FREE Induction and Onboarding Template: https://isosafe.com.au/blog/free-checklist-for-induction-of-new-staff

FREE Job Description and Position Description Template: https://isosafe.com.au/blog/free-employer-hr-job-description-template

FREE Forklift Inspection Checklist: https://isosafe.com.au/blog/free-forklift-safety-inspection-checklist

Work Health and Safety Policy and Procedure Requirements – WHS Information for Businesses

What is a WHS Policy?

A robust Workplace Health and Safety (WHS) Policy is essential for every business. Its intent is to communicate the business commitment to providing and maintaining a safe and healthy workplace for all workers (including contractors and volunteers) as well as clients, visitors and members of the public.

Ask ISOsafe - Call Now 1300 789 132

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Ask ISOsafe - Call Now 1300 789 132 〰️

Why have a WHS Policy?

The responsibility for managing health and safety ultimately rests with the person in control of the business or undertaking (PCBU), directors and management. Workers also have important responsibilities for health and safety in the workplace. By investing in a Work Health and Safety Policy and Management System businesses (and employers) can ensure they’re meeting their legal obligations under WHS Act and WHS Regulations.

WHS Policies and Procedures Documents from ISOsafe

ISOsafe’s WHS Policies and Procedures are prepared to your specific business to help your business comply, other benefits of our tailored WHS Management Systems include:

·       Information and guidance to workers on identifying and managing hazards and incidents

·       Delineates roles and responsibilities of workers and managers

·       Establish a system for tracking OHS/WHS Performance

·       Simplify legal and other requirements - Win new business through tenders and EOI by demonstrating your business’ commitment to Health and Safety

·       Reduces workplace incidents and injuries – lowering workers compensation premiums and lost time (thereby increasing productivity as workers are not taking time off to recover from work related injuries)

·       Improved employee job satisfaction

What are WHS Procedures, and which ones does every business need?

WHS System Procedures are guidelines that provide instruction to ensure minimum requirements for health and safety are systematically met.

Every business should have the following WHS Procedures:

·       Health and Safety Induction for Employees

·       Health and Safety Training

·       Reporting Hazards and Incidents, and Conducting Investigations at Workplaces

·       Consultation, Communication and Coordination - Health and Safety Representative (HSR) Election, Health and Safety Committee (HSC) Election.

·       WHS Issue Resolution

·       Risk Management – Hazard Identification, Risk Assessment, and Control measures (HIRAC)

·       Emergency Management – First Aid, Fire and other emergency events.

 Could your business benefit from these Policies? Call us today to start your compliance journey.

Looking for a Customised WHS Policy? Call ISOsafe for immediate assistance 1300 789 132.

Ballarat Construction Company Fined $25,000 For Unsafe Scaffolding

A Ballarat construction company has been convicted and fined $25,000 for ignoring WorkSafe directions to fix unsafe scaffolding at a Mount Clear worksite.

The company was found guilty in the Ballarat Magistrates’ Court of two offences relating to a failure to provide a safe workplace and a failure to comply with a WorkSafe prohibition notice.

It was also ordered to pay $2897 in costs.

The court heard that WorkSafe issued the company with a prohibition notice in May 2016 after an inspector observed incomplete scaffolding, with missing planks and gaps in the handrails, at a site in the Ballarat suburb of Mount Clear. 

The notice required that the scaffolding not be used until the safety issues were addressed.

When a WorkSafe inspector returned to check that the notice has been complied with, he observed a person working from the same incomplete scaffolding.

The court heard that two subcontractors said they were directed by a company representative to work on the roof of the construction, and were not aware there was a prohibition notice in respect to the scaffolding.

WorkSafe Head of Operations and Emergency Management Adam Watson said the idea that a construction company would ignore a directive to fix a safety issue as critical as scaffolding was abhorrent.

“Falls are one of the most common causes of death and serious injury among construction workers. You don’t have to fall from a great height to be killed or suffer permanent injuries at a worksite,” Mr Watson said.

“Given the risks it’s quite disturbing to think that anyone would ignore a specific WorkSafe directive to make scaffolding safer.”

Employers should control the risk of injury through falls from height by ensuring:

• The installation of passive fall prevention measures such as railings and scaffolding.

• Workers perform their tasks within a safe area.

• Safety equipment is used to minimise the risk of injury if there is a fall.

• That workplace layout, access requirements, training and experience levels and on-site conditions are taken into account when the risk of falls is assessed.

For peace of mind, contact ISOsafe. Our specialists provide training, support and Safety Policies tailored for businesses Australia-wide. 

Safety Plan For Your Business | OHS Compliance

We prepare customised Safety Plans for projects and businesses Australia-wide.

Safety Plans are sometimes also called:

• WHS Management Plan

• OHS Management Plan

• Site Specific Safety Management Plan

• Project Safety Construction Plan

• WHS Construction Safety Plan

• Construction Safety Management Plan

• Health and Safety Plan

Whatever the type and size of business you run, the Work Health and Safety (WHS) Act 2011 affects you. Everyone from the sole trader to the largest corporation has equal responsibility for ensuring their workplace is safe.

Health and safety laws require contractors (such as Builders, Shopfitters and Project Managers) to prepare a Safety Plan for any workplace where the value of construction work exceeds $250,000.

Although not legally required for projects under $250,000, Safety Plans are recommended for use by contractors as written evidence of a living and breathing health and safety program.

·         Our Safety Plans help contractors meet their obligations and allows you to:

·         Be able to easily and quickly distribute the completed plan to subcontractors and clients

·         Ensure you are using a compliant and up-to-date plan

·         Save time by re-using information from previous plans to create new, similar plans

·         The most trusted provider of Safety policy and procedures in Australia

·         Free phone support to help you every step of the way

We make Safety simple. We take care of everything for you, allowing you to focus on running your business and getting the job done.

We are also able to prepare Environmental Plans and Quality Plans to help you manage all aspects of compliance and client needs. Get in touch today for a fast free quote 1300 789 132