Work Health Safety

Work Health Safety Planning, Policy and Implementation

Work Health and Safety in a practice is important to ensure workers, patients and other persons are given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work, or from specified types of substances or plant, as is reasonably practicable.

Practices need to be aware and follow the Work Health and Safety Act 2012 and the Work Health Safety Act 2012 (SA) which took effect on 1 January, 2013, replacing the Occupational Health, Safety and Welfare Act 1986.

Work Health and Safety (WHS) is made up of three key parts of legislation: The Act, The Regulations supported by a range of approved Codes of Practices. These make up the legally enforceable obligations of everyone involved in work health and safety. Practices/Hospitals must ensure they meet all their legislations or face potential penalties.
There are 3 categories of penalties for different levels of non-compliance. The penalties are a maximum penalty that would be determined in relevant court of law. For example a Category One fine – up to:

  1. Corporations – $3million
  2. PCBUs and Officers – $600,000 and/or 5 year jail
  3. Workers – $300,000 and/or 5 years jail

Management of practices should ensure that a comprehensive WHS Plan/Policy is established that meets all the obligations in accordance with the Work Health Safety Act and that you provide a safe workplace and a healthy working environment.

A PCBU (person conducting a business or undertaking) (the practice) has the primary duty of care to ensure, so far as is reasonably practicable:

  1. the health and safety of its workers, while they are at work
  2. that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the PCBU.

It is an officers duty (members of the board under the WHS Act) to exercise due diligence to ensure that the PCBU complies with its health and safety obligations under the WHS Act.