Table 7.4: Work health and safety requirements and auditing

 Work Health and Safety RequirementsAuditing
NSWSIRA will assess the applicant’s commitment to safety, as well as its historical workplace safety record, by reviewing the compliance and safety history of the applicant as provided and regulated by SafeWork NSW over the last 4 years.N/A
Vic 

Safety Management Systems are audited against the National Self-Insurer OHS Management System Audit Tool for all new applicants and current self-insurers.

Compliance with Occupational Health and Safety Act 2004 — Inspectorate field interventions including enforcement activity, prosecutions and incident notifications.

Annual self-audit requirements for the duration of the licence period. The self-audits comprise of the following 2 components:

  • occupational health and safety management system requirements, and
  • claims management obligations of employers and other requirements.

Audits undertaken by the regulator:

  • at time of application for approval and renewal of approval against the National Self-Insurer OHS  Management System Audit Tool; and
  • claims management audit conducted once in a self-insurer’s term of approval.
  • other claims management 'health checks' as required.

* Currently in transition period to move away from auditing the self-insurers occupational health and safety management systems (OHSMS) against the National Audit Tool (NAT), and moving towards a broader OHSMS Assurance Program, which includes a Safety Partnership Oversight Program underpinned by  AS/NZS ISO 45001:2018 Occupational Health and Safety Systems (ISO 45001)  OR fully certified to ISO 45001 OR a combination of these 2.

QldWorkers’ Compensation and Rehabilitation Act 2003   s 71(4) and  s 72(4) — The Workers’ Compensation Regulator must ask the chief executive of the department within which the  Work Health and Safety Act 2011 is administered to prepare a report about the employer’s work health and safety performance.The report provided in accordance with  s 71(4) and  s 72(4) includes a summary of prosecutions, enforceable undertakings and notices issued against the self-insurer and a summary of audit findings. The audit for self-insurance is conducted at the time of licence renewal or before an initial licence is granted.
WA 

Work health and safety requirements are handled by  WorkSafe WA .

Occupational Safety and Health Act 1984 

N/A
SACompliance with the Self-insurer Standards and the WHS and Injury Management Standards, which can be found in the Code of Conduct. See also  s129 of the Return to Work Act 2014

Evaluation (work health and safety and injury management/rehabilitation) against the standards will be carried out in preparation for each registration renewal, and at other times should something come to ReturnToWorkSA’s attention that indicates a need for a further evaluation. See 2.5.2 ‘Performance standards’ within the  Code of Conduct for Self-insured Employers 

ReturnToWorkSA monitors self-insured employers throughout non-renewal years.

Tas 

Must have an established work health and safety management system.

Upon application to self-insure, a National Audit Tool (NAT) Audit Report by a certified independent auditor or JAS-ANZ certification demonstrating conformance to the National Audit Tool (based on AS/NZS 4801) or OHS Management Systems that are of equal to or of a higher standard.

Must provide the WorkCover Tasmania Board with a comprehensive work health and safety report annually.

Work health and safety management system to be self-audited annually, with the use of the National Audit Tool as the audit tool:  Conducting and providing the annual WHS management systems report 

WorkCover surveillance audits are scheduled based on risk.   Annual self-audits must be submitted:  WorkCover surveillance audits 

NTMust have work health and safety management system in place and conduct regular audits to be approved as a self-insurer. Safety Management Systems must be audited using the National Self-Insurer OHS Management System Audit Tool or equivalent.Annual self-audits are required against the  Workers Compensation Best Practice Guidelines for Approved Insurers and Self-Insurers in the Northern Territory and Safety Management Systems must be audited using the National Self-Insurer OHS Management System Audit Tool or equivalent.
ACT 

Compliance with applicant’s duties under Work Health and Safety Act 2011 –  s84B of the  Workers Compensation Regulation 2002 

Maintain an occupational health and safety management system that complies with an Australian/New Zealand Standard on occupational health and safety –  s84A Workers Compensation Regulation 2002 ;  s91  Workers Compensation Regulation 2002 

The self-insurer must agree to provide information, comply with reasonable requests of a person conducting a compliance or financial audit, and pay reasonable fees and expenses of a compliance audit or financial audit required by the regulator –  s89  Workers Compensation Regulation 2002 .
C’wealth Comcare

The SRC Commission sets Performance Standards and Measures for licensees, which include performance targets for WHS.

Licensees must demonstrate to the SRC Commission that they are continuing to meet the Commission’s Performance Standards and Measures throughout the licence term.

Licensees must comply with relevant work health and safety legislation. They must notify relevant incidents and are subject to inspectorate interventions including enforcement activity and prosecutions as and when required.

The Commission is provided with regular updates on all aspects of each licensee’s performance, taking into consideration audit and compliance performances to determine if the licensee is complying with the conditions of licence or if further action is required to address relevant concerns.

WHS systems evaluation occurs prior to the grant of licence.

  • In the first  2 years of a licence, licensees are considered ‘Developing’ and are subject to  extensive annual reviews.
  • From year 3, licensees are considered to be established and must provide annual evidence they are maintaining their WHS management system and meeting the applicable Commission’s Performance Standards and Measures.
  • This evidence can be supplied through internal or external audits, reviews or other means. Scheduled WHS management systems reviews in years 2 and 6 of the 8 year licence (if and as required)

 

New Zealand 

An audit of an employer’s health and safety, and claims and injury management, systems and practices is carried out as part of the entry and ongoing accreditation requirements. This is to ensure the employer meets the legislative requirements as set out in the Accident Compensation Act 2001 and the Framework for the Accredited Employers Programme.

 

Monitoring and audit programme includes:

  • annual  onsite health and safety audits using approved audit tool. 
  • Annual onsite audits of claims management using approved audit tool.
  • a review of the reporting of claims details and expenditure to be utilised to provide regular comparative benchmarking reports for the Manager and the individual Accredited Employer
  • regular meetings between ACC and the Accredited Employer (the frequency of which will depend on the experience of the individual Accredited Employer)
  • in the discretion of the Manager and in conjunction with the annual audit programme, a claimant satisfaction survey to determine overall claimant satisfaction with the Accredited Employers Program
  • monitoring of the ongoing solvency of the Accredited Employer and its expected ability to meet its obligations under  the Accreditation Agreement.