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

Sydney car auction company fined more than $250,000 after death of forklift operator

A Sydney car auction company has been fined more than a quarter of a million dollars after a forklift operator was killed while unloading a truck at Milperra, NSW in 2013.
A 36 year old forklift operator and a 19 year old labourer were moving a cabinet from a truck onto a forklift at the company’s motor vehicle storage and auction site, when they both lost control of the load. The incident resulted in the death of the forklift operator and the labourer was left with fractured ribs and an injured knee.
SafeWork NSW charged the company with a breach of the Work Health and Safety Act 2011 for failing to ensure the health and safety of workers.
The company were found guilty by the District Court in June this year and fined $255,000.
Executive Director of SafeWork NSW, Peter Dunphy said the incident highlighted the risks of working with forklifts and need to provide effective supervision and support to young workers.
“Forklifts continue to be a major factor in workplace deaths and injuries,” Mr Dunphy said.
“Between July 2012 and July 2014, 1,360 workers were injured in forklift incidents, including five fatalities.
“The social and economic impact is also significant, including a cost of $15.8 million to the NSW workers compensation scheme.
“Young workers make up approximately 12 per cent of all employment injuries and occupational diseases across the State, and are more vulnerable to workplace safety risks because of their inexperience or reluctance to speak up about safety concerns.
“Our investigation found that a lack of safety systems, instruction and supervision were major contributors to this incident.
“The company failed to train and instruct the workers how to safely remove the cabinet from the truck and did not tell them which forklift could safely carry the cabinet."
“This resulted in the workers selecting the wrong sized forklift with tragic results.”
“This incident highlights the need for employers to have appropriate systems in place to ensure that all workers, particularly young workers, receive sufficient training and support to work safely.”
Failure to manage health and safety can result in serious incidents. So, as well as putting staff wellbeing at risk, businesses can be left exposed to substantial financial penalties, criminal and civil prosecution and loss of reputation.
Don’t risk noncompliance. ISOsafe’s services will protect your business. We will prepare safe systems of work, safety instructions and all other documentation you require. 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.