OVERVIEW

1. The Work Health and Safety (WHS) Act 2011 defines specific duties for ‘officers’, ‘workers’ and ‘other persons’. These duties:
   1. are not transferrable;
   2. are able to be delegated to more than one person; and
   3. One person can have more than one duty.
2. SWD defines specific responsibilities of its Representatives relating to WHS to ensure that the duties of ‘Officers’, ‘Workers’ and ‘Other Persons’ are met.
3. In executing these duties, SWD representatives shall act in a manner that is ‘reasonably practicable’ as defined by the WHS Act.

SCOPE

4. This document has been developed in accordance with:
   1. Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011;
   2. AS/NZS 4801:2001 Work health and safety management systems — Specification with guidance for use; and
   3. AS/NZS 4804:2001 Occupational health and safety management systems — general guidelines on principles, systems and supporting techniques.
5. Procedures raised in this document apply to all SWD representatives, participants and guests.

PROCEDURE Primary Duty of Care

6. SWD has a Primary Duty of Care as defined by the WHS Act (clause 19).
7. In summary, SWD must ensure, so far as is reasonably practicable, that the health and safety of people is not put at risk from work carried out as part of the conduct of SWD and shall endeavour to ensure:
   1. the provision and maintenance of a work environment without risks to health and safety;
   2. the provision and maintenance of safe plant and structures;
   3. the provision and maintenance of safe systems of work;
   4. the safe use, handling, and storage of plant, structures and substances;
   5. the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities;
   6. the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of SWD; and
   7. That the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

  WHS Responsibilities of the SWD Board of Directors

8. SWD Board of Directors are categorised as ‘Officers’ by the WHS Act, for purposes relating to WHS
9. The SWD Board of Directors shall conduct their role accordingly and with due diligence to representatives, participants and guests health and safety to ensure that SWD complies with legislative requirements.
10. Primary WHS functions of the SWD Board of Directors is to ensure the execution of due diligence which includes but is not limited to:
    1. the approval of the SWD WHS Policy;
    2. ensuring suitable information, instruction and supervision is provided to all workers;
    3. Ensuring an emergency plan is developed, maintained and tested;
    4. ensuring consultation mechanisms are in place;
    5. ensuring adequate resources are allocated for the effective management of risk;
    6. ensuring accurate records (including incident records) are captured and utilised by SWD Officers and management to facilitate setting of objectives and targets, management review and continuous improvement of WHS performance; and
    7. Ensuring that all persons are held accountable for their performance in managing work health and safety in areas under their control.

WHS Responsibilities of the SWD General Manager

11. THE SWD GENERAL MANAGER is categorised as an ‘Officer’ by the WHS Act, for purposes relating to WHS management.
12. The SWD General Manager shall conduct his/her role accordingly and with due diligence to SWD’s representatives, participants and guests health and safety to ensure that SWD complies with legislative requirements.
13. Specific WHS responsibilities of the SWD General Manager includes but is not limited to ensuring:
    1. a culture of compliance and proactive WHS management is promoted;
    2. ensuring the establishment and implementation of a safety management system that is appropriate to the size of the organisation and risks;
    3. WHS responsibilities, both strategic and operational, are appropriately defined and included in position descriptions and performance and development processes for representatives under his/her control;
    4. all SWD representatives are held accountable for their performance in managing WHS;
    5. all SWD representatives have adequate time and resources to fulfil their WHS obligations and/or safety related roles such as first aider;
    6. that budgetary provision is made available to comply with work health and safety legislation and to meet WHS procedural objectives;
    7. all SWD representatives are adequately trained to perform their roles (including induction for every person under their management and specific safety related duties) in a competent and safe manner;
    8. all incidents are reported within one workday;
    9. active participation in investigations where required;
    10. implementation of all WHS procedures relevant to their operations;
    11. participation in (where applicable) and review of the Work Health and Safety Management System (WHSMS), risk assessments, corrective actions and WHS performance reports;
    12. compliance with any Provisional Improvement Notices (PIN) or Prohibition Notices;
    13. facilitation of return to work processes following injury of employees; and
    14. Responsibility is accepted for ensuring controls are in place to manage risk in areas under his/her control.

WHS Responsibilities of SWD Coordinators

14. SWD Coordinators are categorised as ‘Workers’ by the WHS Act, for purposes relating to WHS management.
15. SWD Coordinators shall support the SWD General Manager in the execution of WHS responsibilities. The primary WHS duties of Coordinators include but not limited to ensuring:
    1. proactive practising and developing in SWD representatives, participants and guests positive attitudes toward WHS matters;
    2. any incident (injury, near miss, damage to property) or identified hazard is reported within one work day;
    3. consultation mechanisms for WHS matters are utilised if necessary;
    4. WHS training is attended as required;
    5. information and/or advice is sought where necessary before carrying out new or unfamiliar work;
    6. participation in WHS activities such as inspections, investigations, evacuation drills, WHS meetings and risk assessments as required from time to time;
    7. assisting in the return to work process for colleagues following injury; and
    8. Do not misuse or interfere with anything which is provided in the interests of workplace health and safety.

WHS Responsibilities of SWD Emergency Wardens

16. Additional to the WHS responsibilities associated with the role of each SWD representative, a designated Emergency Warden is responsible for:
    1. ensuring they have adequate training to perform the role of Emergency Warden and that refresher training is completed when necessary;
    2. following all relevant procedures in the event of an incident, including the reporting of all incidents within one working day;
    3. planning, leading and recording emergency drills; and
    4. Participating in development, review and implementation of procedures pertaining to emergency management at SWD.

WHS Responsibilities of SWD First Aiders

17. Additional to the WHS responsibilities associated with the role of each SWD representative, designated First Aiders are responsible for:
    1. ensuring they have adequate training to perform the role of First Aider and that refresher training is completed when necessary;
    2. following all relevant procedures in the event of an incident, including the reporting of all incidents within one working day;
    3. replacing any items from the first aid kit each time the kit is accessed;
    4. checking and recording that the contents of first aid kits in the First Aiders work area are in good working order, have not deteriorated and are within their expiry dates and that sterile products are sealed and have not been tampered with, on a quarterly basis;
    5. checking and recording that the location and signage for first aid kits is clear, adequate and undamaged, on an annual basis; and
    6. Participating in development, review and implementation of procedures pertaining to first aid management at SWD.

WHS Responsibilities of Contractors

18. Contractors are categorised as ‘Workers’ by the WHS Act, for purposes relating to WHS management.
19. Contractors shall support the SWD General Manager and Coordinators in the execution of WHS responsibilities. The primary WHS duties of Contractors include but are not limited to:
    1. compliance with the SWD WHS System as it is presented;
    2. compliance with the contractor’s WHS System;
    3. carrying out work in compliance with relevant WHS legislation;
    4. ensure that the right person is engaged for each job, taking into account the type of work to be performed, the licences, certificates and qualifications required;
    5. conduct relevant job safety analyses whenever it is appropriate to do so;
    6. provide and/or participate in WHS risk assessments for the work to be completed if requested;
    7. ensure appropriate equipment is available and used correctly for the job and it has been tested, maintained and is safe to use;
    8. ensure that the Hierarchy of Controls has been applied to mitigate any identified risk;
    9. report any hazards and incidents to SWD as soon as practicable but no more than one work day;
    10. operate equipment and machinery with guards and safety controls operating and in place at all times; and
    11. Consult, cooperate and coordinate with SWD in respect of WHS issues.

WHS Responsibilities of SWD Volunteers

20. SWD Volunteers shall support the SWD General Manager in the execution of WHS responsibilities. The primary WHS duties of SWD Volunteers include but not limited to ensuring:
    1. proactive practising and developing in SWD representatives, participants and guests positive attitudes toward WHS matters;
    2. any incident (injury, near miss, damage to property) or identified hazard is reported within one work day;
    3. consultation mechanisms for WHS matters are utilised if necessary;
    4. WHS training is attended as required;
    5. information and/or advice is sought where necessary before carrying out new or unfamiliar work;
    6. participation in WHS activities such as inspections, investigations, evacuation drills, WHS meetings and risk assessments as required from time to time;
    7. assisting in the return to work process for colleagues following injury; and
    8. Do not misuse or interfere with anything which is provided in the interests of workplace health and safety.

WHS Responsibilities of SWD Participants and Guests

21. The WHS responsibilities for SWD participants and guests include:
    1. taking reasonable care for their own health and safety;
    2. taking reasonable care that their acts or omissions do not adversely affect the health and safety of other persons; and
    3. Complying, so far as the person is reasonably able, with any reasonable instruction that is given by a SWD representative(s) to comply with the WHS Act.