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

Queensland employer fined 180,000 after death of young worker

A Queensland transport company has been fined $180,000 for failing to comply with health and safety laws after a teenager was crushed to death operating a vehicle loading crane at Westside Christian College in 2012.

Head of Workplace Health and Safety Queensland (WHSQ) Dr Simon Blackwood said this was a tragic example of a young employee desperately trying to please his boss, but way out of his depth – a situation the company could’ve easily avoided.

“Around 50 young Queenslanders a day – mostly young men suffer a compensable work injury, and one a day is permanently impaired,” Dr Blackwood said.

Since the tragedy, the company has stopped similar jobs and no longer uses the vehicle involved in the incident.

Magistrate David Shepherd said the young man died trying to do his best for his employer and had no doubt company bosses feel this matter very deeply and personally.

Dr Blackwood said for his family, this is closure. For everyone else, it’s a timely reminder to put measures in place to ensure safe working environments so that employees go home to their families every day.

"Young workers have a unique risk profile and it’s up to employers to consider this when managing them. A proper induction, plenty of support and much needed training are vital," he said.

Work health and safety laws require employers to:
•  identify the health and safety risks of particular work tasks and adopt procedures to eliminate or control them;
•  train workers in the procedures and provide them with any safety equipment they need;
•  ensure workers perform their tasks safely by providing training, supervision and support; and
•  encourage workers to speak to supervisors about any health and safety concerns.

Since July 2016, the Office of Industrial Relations has successfully completed 21 prosecutions in the courts, leading to fines totaling three quarters of a million dollars.

Over the same period, WHSQ issued 37 infringement notices with fines totaling more than $94,000, as well as 921 improvement notices and 265 prohibition notices.

For more information on managing young workers, contact ISOsafe at enquiries@isosafe.com.au. We support business owners; helping create safe and compliant workplaces.

Victorian courts order local businesses to pay record $6.2 million in penalties over health and safety breaches in 2015-16

WorkSafe Victoria have revealed that over the 2015-16 financial year, 108 businesses and 21 individuals were fined totalling more than $6.2 million.

Of the 108 businesses, almost 40 were from construction sector. The worst offenders included:
A piling, foundations and ground engineering company which was convicted and fined $750,000 over the death of a worker who fell more than 40 metres when the mast of a piling rig collapsed at Southbank in 2011.
A mining services provider, which was convicted and fined a total of $600,000 following two incidents involving an overloaded barge working on the Patterson River. One of the incidents involved the barge capsizing, throwing three workers into the water and trapping one in the excavator in the water, seriously injuring him.
A residential builder, which was convicted and fined $300,000 over an incident in which a carpenter died after being crushed by a brick wall on a construction site at Brighton East in 2014.
A sign company, which was convicted and fined $250,000 over its involvement in the attachment of a timber hoarding to a wall which increased the risk of the wall collapsing at Carlton. The wall collapsed and killed three people in 2013.

A significant number of businesses in the manufacturing sector were also prosecuted. They included:
A conveyer belt manufacturer, which was fined $90,000 over an incident in 2014 in which an employee suffered serious arm injuries when he became caught in machinery beneath a moving conveyer belt.
A caravan manufacturer, which was convicted and fined $80,000 over an incident in 2014 in which an employee had two fingers severed while using an unguarded router.
A Chicken processer, which was convicted and fined $60,000 over an incident in 2014 where an employee suffered serious hand and arm injuries when she became caught in a giblet processor.

WorkSafe Chief Executive, Clare Amies, said the record amount of fines imposed by the courts in 2015-16 was a reminder to businesses and individuals of the significant penalties they faced if they did not comply with their health and safety obligations.

“WorkSafe is committed to improving workplace health and safety and, if it is found that employers have failed to provide a safe working environment for their workers, they can expect to face large fines and significant damage to their reputation,” Ms Amies said.

Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare all safety documentation to demonstrate compliance. Call us now 1300 789 132 or email us at enquiries@isosafe.com.au, to learn more about our services for businesses and their owners.