Workplace Health and Safety Policy

What is a Workplace Health and Safety Policy?

A Workplace Health and Safety Policy is a policy document which outlines the approach a business or organisation takes to ensuring the health and safety of employees and other persons at work. This document is designed for use by businesses and organisations which are based in Australia.

For example, it outlines the things workers must do to manage health and safety at the workplace, the employer's risk management process, how to identify hazards and assess risks, how to report incidents or raise concerns, and what to do in case of emergency.

This Policy can assist in setting out an employer's commitment to health and safety while giving instructions and information to employees, contractors, customers and other third parties who have contact with the business.

Is it mandatory to have a Workplace Health and Safety Policy?

While it is not mandatory to have a written Workplace Health and Safety Policy, in Australia, employers (as well as some contractors) are legally obliged to implement work health and safety policies, practices and procedures and to provide a safe and healthy workplace to their workers.

A written Workplace Health and Safety Policy is an important step in this process and can help manage risks and demonstrate the employer's compliance with their health and safety obligations.

Apart from the Workplace Health and Safety Policy, what other employment policies does an employer need?

In addition to this Workplace Health and Safety Policy, there are various other employment policies that employers should consider, such as:

• Employee Handbook: which provides an overview of the employer's general rules, standards and expectations of employees.
• Drug and Alcohol Policy: which outlines the employer's approach to drug and alcohol issues.
• Discrimination Policy: to inform employees about how bullying, harassment, victimisation and discrimination are treated by the employer.
• Social Media Policy: which outlines the employer's approach to use of social media by employees.
• Remote Work Policy: which explains how remote work is managed by the employer.

What is a person conducting a business or undertaking (PCBU)?

A person conducting a business or undertaking (PCBU) is a concept in Australian work health and safety laws but effectively it refers to the employer. However it covers a broad range of working arrangements including contractors. It could be a company, an unincorporated body or association, a sole trader or self-employed person, or the partners in a partnership. A PCBU has a primary duty of care to ensure, so far as reasonably practicable, the health and safety of workers.

In some cases there could be multiple PCBUs at a workplace, who will share duties under work health and safety laws. For example, a contractor and subcontractor could both be PCBUs.

Who is involved in a Workplace Health and Safety Policy?

Usually senior members of staff will prepare the Workplace Health and Safety Policy. This could involve senior managers or directors, or a health and safety officer.

Ultimately, the PCBU (ie. the employer/business/organisation) will be responsible for workplace health and safety, so it is in their interests to be involved in designing and implementing the Policy.

What can be the duration of a Workplace Health and Safety Policy?

There is no expiry date for a Workplace Health and Safety Policy so it can remain in place indefinitely. However, it should be reviewed regularly to ensure that it is up to date with current laws and with the organisation's current practices.

What has to be done once a Workplace Health and Safety Policy is ready?

Once a Workplace Health and Safety Policy is ready, it should be printed and/or saved electronically and kept on file with the employer, and employees should be made aware of it. For example, any existing employees should be notified of it and given a copy of it.

In addition, each time a new employee starts work with the employer, the new employee should be given a copy of the Policy.

If the employer is getting employees to sign this Policy, the employer should get each employee to return a signed signature page, and should keep those signed pages on file.

From time to time, if the employer implements new rules or procedures, it may be necessary to update the Policy. When this occurs, the employer may notify employees of the updates, and release a new version of the Policy. The employer may ask employees to sign a new signature page at that time, to acknowledge the updated Policy.

What must a Workplace Health and Safety Policy contain?

This document should include:

• General information - about health and safety at the business/organisation and what should be achieved through the implementation of the Policy.
• Information about responsible staff members - including the responsibilities of relevant persons for specific actions to ensure compliance with health and safety regulations.
• Practical information - what arrangements shall be made by the business in practical terms in order to ensure compliance and implementation of the Policy. This could include things such as health and safety training, processes for managing and assessing risks, procedures for dealing with emergencies, and how to raise concerns about health and safety issues.

Which laws are applicable to a Workplace Health and Safety Policy?

The Fair Work Act 2009 (Commonwealth) applies the National Employment Standards (NES), which are a set of minimum employment standards in Australia.

In addition, each state and territory has legislation that deals with various employment matters such as occupational health and safety or discrimination. Further information about this is also available from Safe Work Australia.

This document does not take into account the requirements of modern awards or enterprise agreements. If such an award or agreement applies, then that will set out some additional minimum standards with which the employer must comply.

General principles of contract law, as provided by the common law, may also apply.

How to modify the template?

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