WHS Alice Springs Info Session

Work Health and Safety
(National Uniform
Legislation) Act and
NT WorkSafe
Anna McGill
Legislative Framework
• Work Health and Safety (National Uniform
Legislation) Act
• Work Health and Safety (National Uniform
Legislation) Regulations
• Approved Codes of Practice
– Managing Health and Safety Risks
– Work Environment and Facilities
Key provisions of the WHS Act
• duties of care are not defined by the nature of
employment relationship – Person Conducting Business
or Undertaking (PCBU)
• protects all types of ‘workers’
• positive duties for officers to exercise ‘due diligence’
• duty to consult with workers and other duty holders
• protection against discrimination and coercion
• unions have a right to enter workplaces
• significant increase in penalties
Duties of Care
Section 18 - Reasonably Practicable
• Standard of your Work health and Safety Duty
• In this context, reasonably practicable means that which
is, or was at a particular time, reasonably able to be
done to ensure health and safety, taking into account
and weighing up all relevant matters
Reasonably Practicable – relevant
matters for consideration
• the likelihood of the hazard or the risk concerned occurring
• the degree of harm that might result from the hazard or the
• what the person concerned knows, or ought reasonably to
know, about the hazard or risk, and ways of eliminating or
minimising the risk
• the availability and suitability of ways to eliminate or minimise
the risk, and
• after assessing the extent of the risk and the available ways of
eliminating or minimising the risk, the cost associated with
available ways of eliminating or minimising the risk, including
whether the cost is grossly disproportionate to the risk.
PCBU Primary Duty of Care
Further Duties of PCBUs
• PCBU involving the management or control of a
• PCBU involving management or control of fixtures,
fittings or plant
• PCBU that designs/ manufactures/ imports or
supplies plant, substances or structures
• PCBU that install, construct or commissions plant or
Duty of Officers
Consultation Obligations
• PCBU must, so far as reasonably practicable:
– consult with workers, and
– consult, co-operate with and co-ordinate activities with other
persons who have a duty in relation to the same matter.
• Health and Safety Representatives (HSRs) for work groups:
– must be established on request from a worker, and
– can direct unsafe work to cease and issue provisional
improvement notices, but only if trained.
• Health and Safety Committees:
– must be established within two months where requested by
HSR, or five or more workers.
Role of Unions
• Work health and safety entry permit holder can enter to
inquire into suspected breaches, as well as to consult
and advise workers, subject to permit and member
eligibility requirements, protections and accountability
• Aligned with requirements in the Fair Work Act 2009.
• No notice for suspected breach.
• 24 hours notice to consult, advise or obtain documents.
Transitional Arrangements
• Extensive Transitional Arrangements have been
– Provides PCBU with time to assess compliance and
implement control measures where necessary to
comply wit the new and significantly changed
– Detailed information on NT WorkSafe website
Chapter 3 - 12 Month Transitional
• Reg 42 – Duty to provide adequate numbers of first aid
• Reg 43 – Duty to prepare, maintain and implement
emergency plans
• Reg 48 – Management of Risk of remote or isolated
• Reg 53 – Flammable and combustible material not to be
• Reg 54/55 – Managing Risks of Falling Objects
WHS Regulations
• Chapter 1 – Preliminary Matters
– Definitions generally
– Definition of Supply
– How the Regulations can be linked to the Act
WHS Regulations – Chapter 2
Representation and Participation
• Process for
– Establishing work groups
– Electing HSR
– Electing HSC
• Default process for issue resolution
• Entry Permit holders notice etc
Chapter 3 - General Risk and
Workplace Management
• How to manage Health and Safety Risks
– Specific requirements must be complied with;
– Risk Management Process
• Provisions relating to general workplace management
– Information and training for staff
– First aid, PPE, etc
Codes of Practice
• Work Health and Safety Consultation, Co-operation and
• How to Manage Work Health and Safety Risks
• Managing the Work Environment and Facilities
• First Aid in the Workplace
• Hazardous Manual Tasks
• How to Manage and Control Asbestos in the Workplace
• How to Safely Remove Asbestos
• Managing Noise and Preventing Hearing Loss at Work
Codes of Practice
• Labelling of Workplace Hazardous Chemicals
• Preparation of Safety Data Sheets for Hazardous
• Confined Spaces
• Construction Work
• Preventing Falls in Housing Construction
• Prevention of Falls in General Construction
Further Information

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