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WHS Laws and Duties (NSW WHS Framework)
The Work Health and Safety Act 2011 (NSW) is the principal statute; the Work Health and Safety Regulation 2017 (NSW) supplies detailed requirements, and both are supported by codes of practice.
The primary duty of care sits with the person conducting a business or undertaking (PCBU): ensure health and safety so far as is reasonably practicable, including workers, contractors and others affected by the work.
"Reasonably practicable" weighs the likelihood and degree of harm against what the duty holder knows, the availability and suitability of controls, and cost - cost alone never justifies inaction.
Officers (senior decision-makers) hold a positive due diligence duty: they must keep up-to-date WHS knowledge, understand hazards, ensure resources and verify controls are in place.
Workers must take reasonable care for their own and others' safety, comply with reasonable instructions and cooperate with reasonable WHS policies; they also hold the right to cease unsafe work.
Other duty holders include designers, manufacturers, importers and suppliers of plant and substances, plus installers and constructors, each with duties tied to matters over which they have control.
The Act requires consultation with workers on matters affecting their health and safety, and permits election of health and safety representatives (HSRs) for work groups.
Breach categories run from category 1 (reckless conduct, up to $3.6 million for a body corporate) through category 2 (failure to comply with a duty) to category 3 (failure to comply with other duties).
Hazard Identification, Risk Assessment and Control
Hazard = a thing or situation with potential to cause harm; risk = the combination of the likelihood of harm occurring and its severity.
Hierarchy of control, highest to lowest: eliminate the hazard; substitute with something less hazardous; engineering controls (isolation, guarding, ventilation); administrative controls (procedures, training, signage); PPE last.
Risk assessment steps: identify the hazard, determine who may be harmed and how, evaluate likelihood and consequence, decide controls, record the outcome, then monitor and review.
A Safe Work Method Statement (SWMS) is required for high-risk construction work before work starts; work must stop if it is not followed.
Consultation during risk assessment involves workers who do the task, because they often know failure points and practical controls that supervisors do not.
Controls must be reviewed when a change occurs (new plant, new process, new worker), after an incident or near miss, and at scheduled intervals.
Residual risk is the risk remaining after controls are applied; it must still be acceptable, and PPE alone is never a sufficient control for a high-risk hazard.
Hierarchy logic test: a control that relies on human behaviour (procedure, sign, training) is weaker than one that physically separates the person from the energy or hazard.
Construction Site Hazards and Safe Work Practices
Falls from height are the leading cause of death on construction sites; control by eliminating work at height, then edge protection, guardrails, scaffolding or elevating work platforms, with fall-arrest systems last.
High-risk construction work (HRCW) includes work at height over 2 metres, demolition, excavation deeper than 1.5 metres, work near energised electrical installations, and work in confined spaces.
Excavation rules: locate underground services before digging, support or batter trench walls, keep spoil and plant back from the edge, and provide safe access such as ladders.
Electrical hazards: treat all circuits as live until isolated and tested; use residual current devices (RCDs) on portable equipment and protect leads from damage and water.
Hazardous substances and silica dust: cutting, grinding or drilling concrete or stone generates respirable crystalline silica; use water suppression or on-tool extraction plus respiratory protection.
Mobile plant and pedestrian separation: designate exclusion zones, use traffic management plans, ensure operators hold licences and maintain eye contact or radio contact with spotters.
Housekeeping and access: keep walkways clear, stack materials safely, manage waste, and provide adequate lighting so trips, falls and manual handling risks are reduced.
PPE and Safe Use of Plant and Tools
PPE is the last line of defence: it must be selected for the specific hazard, fit the user, be worn correctly and be maintained, inspected and replaced when damaged.
Minimum typical site PPE: hard hat, safety footwear, high-visibility clothing and eye protection; hearing, respiratory, hand and fall protection are added per task risk.
Hard hats are inspected for cracks and damaged harnesses; they are replaced after a significant impact even if damage is not visible.
Respiratory protection requires a fit check each time and fit testing for tight-fitting respirators; facial hair at the seal prevents an adequate seal.
Pre-use inspection of plant and tools: check guards, leads, plugs, hoses, brakes, warning devices and emergency stops; tag out and remove faulty items from service.
Guards must never be removed or bypassed; isolate and lock out energy sources before cleaning, adjusting or maintaining plant.
Only trained, competent and where required licensed operators use plant; passengers are never carried unless the plant is designed for them.
Power tools: use the correct tool for the task, secure the workpiece, keep hands clear of the cutting line, and use RCD protection for portable electrical tools.
Consultation, Incident Reporting and Emergency Procedures
Consultation requires sharing relevant information, giving workers a reasonable opportunity to express views, and taking those views into account before decisions are made.
Health and safety representatives (HSRs) can be elected for a work group; they can request information, inspect the workplace and accompany an inspector.
Notifiable incidents to the regulator: a death, a serious injury or illness, or a dangerous incident (for example an uncontrolled escape of energy, collapse or fall from height).
The site must preserve the incident scene so far as reasonably practicable until the regulator or an inspector permits disturbance, except to help an injured person or make the site safe.
Internal reporting: report all injuries, near misses and hazards promptly; near misses are free warnings and should trigger a review of controls.
Emergency plan elements: identified exits and assembly points, alarm systems, trained wardens, first aid and rescue arrangements, and drills at planned intervals.
Emergency response sequence: raise the alarm, make the area safe if safe to do so, follow warden instructions to the assembly point, and account for personnel.
Workers' Rights, Responsibilities and Workplace Behaviour
Right to a safe workplace: workers can raise WHS concerns and cannot be dismissed, injured or disadvantaged for doing so or for exercising a WHS role.
Right to cease unsafe work: a worker may stop work if they have a reasonable concern of serious harm; they must notify the PCBU as soon as practicable and be available for suitable alternative work.
Responsibilities: take reasonable care, follow reasonable instructions, use PPE as directed, do not interfere with safety devices, and report hazards and incidents.
Discrimination, bullying, harassment and violence are workplace hazards that must be managed under the WHS framework, not only under employment law.
Fitness for work: fatigue, alcohol and drugs impair judgement; workers must present fit for duty and disclose medication or conditions that affect safe work.
Disciplinary or industrial action is separate from WHS rights; stopping work for a genuine safety concern is protected, but stopping work without a reasonable concern is not.
Reporting pathways: supervisor first, then HSR, then the PCBU's WHS contact or the regulator (SafeWork NSW) if the issue is not resolved.