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I would like to know about general duties that apply to all industries under the model WHS laws.
Incident reporting
Emergency plans and procedures
First aid
Personal Protective equipment (PPE)
Labour hire
Everyone working in the construction industry has WHS duties.
Persons conducting a business or undertaking (PCBUs) must manage the health and safety risks at work.
Your PCBU must, so far as is reasonably practicable:
- ensure the health and safety of you and others (including visitors) at work
- consult with you on any health and safety matters that are likely to affect you, and
- consult, cooperate and coordinate activities with all other duty holders who owe a duty about the same matter.
Workers are entitled to:
- cease unsafe work in certain circumstances
- have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure
- not be discriminated against for raising health and safety issues
- request the formation of a health and safety committee, and
- elect a health and safety representative (HSR) if they wish to be represented by one.
Your PCBU must prepare and maintain an emergency plan for your workplace.
They must also ensure workers have access to first aid equipment and trained first aid officers whenever they are at work.
As a worker, you also have a duty to take reasonable care of your safety and that of others in the workplace.
In particular, workers issued PPE must:
- use or wear it properly - the way they're trained or instructed to
- not misuse or damage it, and
- tell someone in charge about any damage, defect or need to decontaminate it.
Workers could face disciplinary action or prosecution if they:
- refuse to wear or use their PPE, or
- intentionally misuse or damage their PPE.
The Part 46 of the model WHS Regulations sets out the full legal requirements for workers.
