In Western Australia, the law requires your employer to provide a high standard of safety and health at the workplace and ensure that you are not injured or harmed because of your work. Show
Your employer has a responsibility to provide and maintain, as far as practicable, a safe working environment, under section 19(1) of the Occupational Safety and Health Act 1984. This is called the employer's 'duty of care' and it applies regardless of the terms or type of your employment and includes casual workers. The employer's 'duty of care' includes protecting you from both physical hazards (for example, slippery floors, heavy loads, unguarded machinery and hazardous substances) and 'psychosocial' workplace hazards (for example, workplace bullying, violence and aggression). The employer's 'duty of care' means that your employer must, as far as practicable:
To meet their 'duty of care', the employer must take into account any individual needs an employee may have to ensure they are able to work safely. Your employer also has a responsibility to inform you about:
You also have the right to:
You also have a duty of care responsibility in relation to safety and health at the work. This includes working safely and not affecting the safety and health of others. Casual and labour hire workersCasual and labour hire workers have a right to a safe workplace and the same safety and health standards as for other workers. If you are a casual or labour hire worker, you must be provided with safety and health training, instruction and information so you can work safely, not matter how short a time you will be at the workplace. Further informationCasual workers – Managing the safety of a temporary workforce. Individual needsThe law in Western Australia requires the employer to take into account the individual needs of employees to ensure they are able to work safely. This means the employer must consider the appropriate format for your safety and health training, instruction and information so you are best able to understand them. For example, for workers from a migrant or non-English speaking background, the information, instruction and training may need to be provided in other languages so workers can fully understand what is required. Further informationInductionPart of the employer's 'duty of care' includes providing employees with instruction, training and supervision so you are able to work safely. This must include a general and job specific induction. Personal protective clothing and equipment (PPE)Where it is not practicable to avoid the presence of hazards, your employer has a duty to provide adequate personal protective clothing and equipment (PPE) without any cost to you. This applies whether you are an employee at the workplace or a labour hire employee. Examples of PPE are:
If you require PPE different to what is being provided by your employer, for example prescription safety glasses instead of over glasses or brand name safety boots, consult your employer about who will pay the difference in cost. Where your employer has provided you with PPE, they must inform you on:
Where your employer has directed you to use PPE, you must:
PPE is often used in conjunction with other control measures, and should not be the only way of controlling a hazard. Ask your employer if you are not clear about all the controls in place to eliminate or minimise a hazard. Further informationCodes of practice: First aid facilities and services; workplace amenities and facilities; personal protective clothing and equipment Employees – your responsibilitiesAs an employee, you have a 'duty of care' responsibility for safety and health at the workplace. Under Section 20 of the Occupational Safety and Health Act 1984, your 'duty of care' means that you must:
The employee's 'duty of care' responsibility also applies to contractors, labour hire workers, apprentices and workers in other labour arrangements. Where you wish to take a more proactive role in ensuring safety and health at the workplace, there are different options for participating at the workplace. Concerns about workplace safety and healthA wide range of issues can be safety and health concerns that need to be addressed, such as slippery floors, lifting heavy loads, faulty or unguarded machinery and equipment, chemicals and workplace bullying or violence. If you are concerned about your own or your co-workers' safety and health:
Participating in safety and health at the workplaceParticipating in safety and health at the workplace is a way of having a say on the safety and health of your job and that of your co-workers. Employees are often best placed to know about safety and health because they know how the work is actually done and may have seen near misses and incidents in the past. You can participate in safety and health at the workplace by:
Refusal to workUnder section 26 of the Occupational Safety and Health Act 1984, employees may refuse to undertake some work where they have 'reasonable grounds' to believe there is a risk of imminent and serious injury or harm to health. However, the employee must have reasonable grounds for believing the work is unsafe ie there must be the real probability of an accident, injury or harm occurring. There are certain factors that should be taken into account when considering whether or not there are reasonable grounds to believe that continuing to work would result in exposure to the risk of imminent and serious injury or harm to health. These factors include whether a WorkSafe inspector has attended the workplace because an issue could not be resolved and what measures, if any, they required be taken to remove the risk. Before you refuse to work, you must take the following steps:
The decision to refuse to work should be made with care – it is recommended that you read the information listed below. These also outline the requirements in relation to assignment of alternative work and payment of entitlements. Further information |