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WorkCover & The Law

The Occupational Health and Safety Act 2000 was rescinded and replaced with the National Work Health and Safety Act 2011 which was introduced by Parliament 1st January, 2012.

WorkCover administers to the National Work Health and Safety Act 2011, and NSW Workers Compensation Acts introduced 1987 and 1998.

Under the WHS Act 2011, Employers and Company Directors are called PCBU’s (Persons conducting a business or undertaking), and Senior Staff including Financial Controllers and Managers are called Officers.

PCBU’s and Officers MUST;

  • Provide a Safe and Healthy Workplace
  • Adopt a Written Risk Management Programme
  • Consult with Workers
  • Provide Workplace Rehabilitation for sick or injured workers.

6 BASIC STEPS to achieve Work Health and Safety legal Compliance

  1. Determine the people responsible for WHS at the workplace. (PCBU’s and Officers).
  2. Plan to work safely, eg. hazards identification, safe systems of work/safe operating procedures, control of contractors, emergency procedures, reporting WHS problems, accident/incident reporting, investigating accidents/incidents, worker induction and training.
  3. Involve workers – consultation – HSR (Health and Safety Representative).
  4. Develop WHS policies, systems and procedures. (eg, a WHS Policy on letterhead).
  5. Train workers in WHS policies, systems and procedures with effective instruction training and supervision.
  6. Monitor and review steps 1-5 to continually improve these WHS policies, systems and procedures.

WorkCover takes non-compliance very seriously.

For further information refer to Maximum Penalties.