The ‘health and safety duties’ in part 2 of the Work Health and Safety Act 2011 (WHS Act) include reciprocal duties imposed on workers. Show
While the WHS Act aims to protect workers against harm to their health, safety and welfare, workers must also contribute to this aim. 1. Duties of a workerSection 28 of the WHS Act imposes four specific duties on a worker. While at work, the worker must:
For some specific types of worker who have certain statutory duties or functions, section 7 provides that the worker is ‘at work’ throughout the time when the worker is on duty or lawfully performing the relevant functions, but not otherwise. However, there is no general definition of ‘at work’ in the WHS Act. While a ‘workplace’ is defined to include a place where a worker goes, or is likely to be, while at work, a worker could be at a workplace without being ‘at work’. While it is not possible to state definitively when a worker is ‘at work’, a reasonable approach, derived from words in section 7, is to say that a worker is ‘at work’ in relation to a PCBU when he or she is performing the duties or functions for which the worker was engaged or caused to be engaged by the PCBU or is carrying out work under the PCBU’s influence or direction. In broad terms, a worker’s duties under section 28 reciprocate the protections they receive under duties like the primary duty of care in section 19(1). 2. ComplianceA worker who does not comply with a duty imposed on him/her under section 28 commits an offence. More specifically, in relation to a section 28 duty owed by a worker:
Category 1 and 2 offences both involve the exposure of an individual to a risk of death or serious injury or illness. It is not a component of these offences that any harm to the individual (whether death, serious injury or illness or otherwise) has actually occurred. Category 1 offences involve the additional element of recklessness. 3. References[1] WHS Act, section 7(2)(b), (2A)(b), (2B)(b), (2C)(b), (2D)(b) and (2E)(b). [2] WHS Act, section 8(1) provides that a ‘workplace’ is a place where work is carried out for a business or undertaking and includes any place where a worker goes, or is likely to be, while at work. [3] The offence applies even if the worker is a volunteer or a member of an unincorporated association. See WHS Act, section 34. Under WHS Act, section 4, a ‘volunteer’ is defined as a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses). [4] WHS Act, section 31. The penalty is $300,000 or 5 years imprisonment or both. [5] WHS Act, section 32. The penalty is $150,000. [6] WHS Act, section 33. The penalty is $50,000. Training for workersWe provide training through our learning management system called Comcare LMS. To access our training, you first need to create an account in Comcare LMS (see the ). Then, select the training item that you are interested in and login with your email and password. As a , you have a legal responsibility to maintain your own health and safety and not place others at risk. Protect your own health and safetyAll workers are responsible for protecting their own health and safety at work. To minimise the risks to your health and safety:
Do not place others at riskIt is also your responsibility to not place others at risk:
Treat others with respectDiscrimination, sexual harassment and bullying and inappropriate behaviour is not acceptable and is against the law. If you are experiencing any inappropriate behaviour at work or you witness such behaviour, report it to your supervisor or manager. Alternatively, contact us on 1300 365 255 or the Fair Work Commission on 1300 799 675. Reporting safety concernsSpeak to your supervisor or Health & Safety Representative if you have concerns about the safety at your workplace. Alternatively you can contact us on 1300 365 255 for advice. If you want to report a safety issue at your workplace, you can do so online or by giving us a call. You can choose to remain anonymous however we can act more quickly if we have full details. Your identity will remain confidential if/when dealing with your employer. What are 3 things you are responsible for in the workplace?Some employees may be given more responsibilities than others, but everyone must maintain the basic requirements of a productive worker.. Job-Specific Responsibilities. ... . Personal Performance Accountability. ... . Managerial Oversight and Leadership. ... . Provision for a Safe Workplace. ... . Handling of Financial Obligations.. What are the 3 guiding principles of WSH Act?The three guiding principles of the WSH Act are to: Reduce risk at the source by requiring all stakeholders to remove or minimise the risk they create. Encourage industries to adopt greater ownership of safety and health outcomes. Impose higher penalties for poor safety management and outcomes.
What are the employees responsibilities?Your most important responsibilities as an employee are:. to take reasonable care of your own health and safety.. if possible to avoid wearing jewellery or loose clothing if operating machinery.. if you have long hair, or wear a headscarf, make sure it's tucked out of the way as it could get caught in machinery.. |