WHS Regulations Obligations Checklist



This WHS Regulations Obligations Checklist sets out a list of work health and safety (WHS) obligations of a business or any other persons conducting an undertaking in Australia under the WHS Regulations. This Checklist applies to all states and jurisdictions that have enacted the model WHS Laws. For further guidance, see the Guide to Work Health and Safety Laws.

This WHS Regulations Obligations Checklist relates to the more specific and detailed obligations under the WHS Regulations. For the primary obligations and duties of a business or an employer, see WHS Obligations Checklist.

With respect to Victoria, see OHS Obligations Checklist (VIC).

This WHS Regulations Obligations Checklist may be used in conjunction with the Business Activities Checklist and the Guide to Identifying Your Compliance Obligations as additional reference sources for building your WHS Compliance Register.

Contents

  1. Purpose. 1
  2. Scope. 2
  3. Checklist 2
  4. WHS general duties. 3
  5. Document information. 6

Purpose

The purpose of this WHS Regulations Obligations Checklist is to set out a summary of work health and safety (WHS) obligations of [Organisation name] under the WHS Regulations. This WHS Regulations Obligations Checklist may be used for identifying compliance obligations of [Organisation name] and must be used when developing or updating the WHS Compliance Register.

The design, planning, implementation and monitoring of all WHS obligations of [Organisation name] are part of the policies and procedures described in the following documents:

  1. Compliance Management Framework
  2. Compliance Management Policy
  3. Compliance Management Procedures

Scope

[Organisation name]’s WHS obligations extend to all workplaces in [business locations] and to all workers of [Organisation name]. The WHS obligations also apply to all current and future activities of [Organisation name], and to any new opportunities [Organisation name] may encounter from time to time.

[Organisation name]’s workers include all of the following:

  1. Employees
  2. Contractors
  3. Sub-contractors
  4. Employees of contractors or sub-contractors
  5. Employee of labour hire company assigned to work in the person’s business or undertaking, or
  6. Outworker
  7. Apprentices and trainees
  8. Students gaining work experience
  9. Volunteers
  10. Any other individuals who carries out work in [Organisation name].

[Organisation name]’s workplaces cover any place where work is carried out for [Organisation name] and any place where a worker goes or is likely to be while at work.

Places include any vehicle, vessel, aircraft or other mobile structure and any waters and any installation on land, on the bed of any waters or floating on any waters.

Checklist

WHS risk management duties

Obligation Description
Duty to identify hazards [Organisation name] must identify “reasonably foreseeable hazards”
Duty to managing risks to health and safety [Organisation name] must:

–          eliminate risks to health and safety; and

–          if not reasonably practicable to eliminate risks, minimise risks as far as reasonably practicable

Duty to implement risk control measures [Organisation name] must implement risk control measures in following order of hierarchy:

1.       substitute hazard giving rise to risk with something giving rise to lesser risk;

2.       isolate hazard from any person exposed to it;

3.       implement engineering controls;

4.       implement administrative controls;

5.       provision and use of personal protective equipment

Duty to maintain control measures [Organisation name] must maintain control measures so that it:

1.       remains effective;

2.       is fit for purpose;

3.       is suitable for the nature and duration of work; and

4.       is installed, set up and used correctly

Duty to review control measures [Organisation name] must review and revise control measures to ensure a work environment that is without risks to health and safety

Mandatory to review and revise control measures in following circumstances:

1.       control measure does not control risk;

2.       before a change in the workplace likely to give rise to a new or different risk to health and safety which the control measure may not effectively control;

3.       new or relevant hazard or risk is identified;

4.       result of a consultation indicating that a review is required;

5.       WHS Heath and Representatives request for a review where 1 to 4 above has not been carried out

WHS general duties

Obligation Description
Duty to provide information, training and instruction [Organisation name] must ensure that suitable and adequate information, training and instruction is provided to workers
Duty to provide safe workplace facilities [Organisation name] must ensure:

1.       layout of workplace allows for entry and exit and to move about without risks to health and safety under both normal and emergency circumstances

2.       work areas have space to carry out work without risk to health and safety

3.       floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety

4.       lighting allows –

(a)    work to be carried out without risk to health and safety

(b)    persons to move within workplace without risk to health and safety

(c)     safe evacuation in an emergency

5.       ventilation enables work to be carried out without risk to health and safety

6.       workers in extreme heat or cold are able to carry out work without risk to health and safety

7.       work in relation to or near essential services does not give rise to a risk to health and safety of persons at workplace

Duty to provide and maintain adequate and accessible facilities [Organisation name] must ensure provision of adequate facilities including drinking water, toilets, washing facilities and eating facilities which are:

1.       in good working order;

2.       clean, safe and accessible

Duty to provide first aid [Organisation name] must ensure:

1.       provision of first aid equipment

2.       each worker has access to equipment

3.       each worker has access to facilities for administration of first aid

4.       adequate number of workers are trained to administer first aid or workers have access to adequate number of other persons trained to administer first aid

Duty to prepare, maintain and implement emergency plan [Organisation name] must prepare an emergency plan providing for:

1.       emergency procedures

(a)    effective response to emergency

(b)    evacuation procedures

(c)     notifying emergency service organisations at earliest opportunity

(d)    medical treatment and assistance

(e)    effective communication between person managing emergency procedures and all other workers and visitors

2.       testing of emergency procedures

3.       information, training and instruction to workers in relation to implementation of emergency procedures

[Organisation name] must implement the plan in the event of an emergency



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