WHS Duties

Duties under the model WHS laws 

If you’re a PCBU, you have a positive duty under the model WHS laws to eliminate the risk of racism to workers and other persons (including clients, customers and visitors at your workplace) so far as is reasonably practicable. If it is not reasonably practicable to eliminate risks, they must be minimised so far as is reasonably practicable.

For psychosocial hazards (such as racism), there are a range of things you must take into account when deciding what control measures to implement. These include:

  • how long (duration), how often (frequency) and how significantly (severity) your workers are exposed to the hazard or risk
  • how psychosocial hazards may interact or combine
  • the design of work, including job demands and tasks
  • the systems of work, including how work is managed, organised and supported
  • the design and layout, and environmental conditions, of the workplace, including the provision of safe means of entering and exiting the workplace, and facilities for the welfare of workers
  • the design and layout, and environmental conditions, of workers’ accommodation
  • the plant, substances and structures at the workplace
  • workplace interactions or behaviours, and
  • the information, training, instruction and supervision provided to workers.

PCBUs must also, so far as reasonably practicable, consult with workers who carry out work for the business or undertaking and who are (or are likely to be) affected by a health and safety matter. This includes employees, contractors, volunteers and anyone else who carries out work for the business or undertaking. You must also consult with health and safety representatives (HSRs) if you have them.

For further information on you can meet your WHS duties see the model Code of Practice: Managing psychosocial hazards at work.

Workers’ WHS duties  

Workers including employees, contractors, subcontractors, labour hire employees, outworkers, apprentices or volunteers have a duty to:  

  • take reasonable care to not adversely affect others’ health and safety
  • comply with reasonable instructions from the PCBU
  • take reasonable care for their own health and safety while at work, and
  • co-operate with reasonable WHS policies and procedures, for example a workplace racism or behaviours policy.

Other laws preventing racism at work

At the national level, racial discrimination and victimisation is unlawful under the Racial Discrimination Act 1975 (Cth). Racial discrimination is also prohibited by state and territory anti-discrimination laws.

Under the Fair Work Act 2009, an employer must not behave in a way that harms a person because they have a certain feature or attribute. This includes a range of ‘protected factors’ and includes race, colour, religion and social origin.