1. Work Health and Safety (National Uniform Legislation) Act and Regulations
NT WorkSafe
Anna McGill

2. Legislative Framework
Work Health and Safety (National Uniform Legislation) Act (WHS (NUL) Act)
Work Health and Safety (National Uniform Legislation) Regulations
Approved Codes of Practice
Managing Health and Safety Risks
Work Environment and Facilities

3. Key provisions of the WHS Act
duties of care are not defined by the nature of employment relationship – Person Conducting Business or Undertaking (PCBU)
protects all types of ‘workers’
positive duties for officers to exercise ‘due diligence’
duty to consult with workers and other duty holders
protection against discrimination and coercion
unions have a right to enter workplaces
significant increase in penalties

4. Duties of Care

5. Section 18 - Reasonably Practicable
Standard of your Work Health and Safety duty
In this context, reasonably practicable means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters.

6. Reasonably Practicable – relevant matters for consideration
the likelihood of the hazard or the risk concerned occurring
the degree of harm that might result from the hazard or the risk
what the person concerned knows, or ought reasonably to know, about the hazard or risk, and ways of eliminating or minimising the risk
the availability and suitability of ways to eliminate or minimise the risk, and
after assessing the above, consider the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

7. PCBU Primary Duty of Care

8. Further Duties of PCBUs
PCBU involving the management or control of a workplace
PCBU involving management or control of fixtures, fittings or plant
PCBU that designs /manufactures / imports or supplies plant, substances or structures
PCBU that install, construct or commissions plant or structures.

9. Duty of Officers

10. Consultation Obligations
PCBU must, so far as reasonably practicable:
consult with workers, and
consult, co-operate with and co-ordinate activities with other persons who have a duty in relation to the same matter.
Health and Safety Representatives (HSRs) for work groups:
must be established on request from a worker, and
can direct unsafe work to cease and issue provisional improvement notices, but only if trained.
Health and Safety Committees:
must be established within two months where requested by HSR, or five or more workers.

11. Role of Unions
Work health and safety entry permit holder can enter to inquire into suspected breaches, as well as to consult and advise workers, subject to permit and member eligibility requirements, protections and accountability.
Aligned with requirements in the Fair Work Act 2009.
No notice for suspected breach.
24 hours notice to consult, advise or obtain documents.

12. Transitional Arrangements
Extensive Transitional Arrangements have been developed.
Provides PCBU with time to assess compliance and implement control measures where necessary to comply with the new and significantly changed obligations
Detailed information on NT WorkSafe website

13. WHS Regulations Chapter 1 – Preliminary Matters Definitions generally
Definition of Supply
How the Regulations can be linked to the Act

14. WHS Regulations – Chapter 2 Representation and Participation
Process for
Establishing work groups
Electing HSR
Electing HSC
Default process for issue resolution
Entry Permit holders notice etc.

15. Chapter 3 - General Risk and Workplace Management
How to manage Health and Safety Risks
Specific requirements must be complied with;
Risk Management Process
Provisions relating to general workplace management
Information and training for staff
First aid, PPE, etc.

16. Chapter 3 - 12 Month Transitional Arrangements
Reg 42 – Duty to provide adequate numbers of first aid officers
Reg 43 – Duty to prepare, maintain and implement emergency plans
Reg 48 – Management of Risk of remote or isolated workers
Reg 53 – Flammable and combustible material not to be accumulated
Reg 54/55 – Managing Risks of Falling Objects

17. Chapter 4 Hazardous Works
General and Specific risk management requirements in relation to:
Noise
Confined space
Hazardous manual tasks
Electrical safety
High Risk Work Licences

18. Chapter 5 – Plant and Structures
General and specific control measures for plant
5 year registration process for items of plant
Required to maintain, test and inspect plant in accordance with manufactures instructions
Competent person required to inspect plant for registration and renewal purposes
Major inspection of cranes – who is competent

19. Chapter 6 Construction Work
Principal Contractor duties triggered when construction work is $250,000 or more
Work Health Safety Management Plan required
Safe Work Method Statements required for high risk construction work

20. Chapter 7 Hazardous Chemicals
The use, storage and handling of dangerous goods are now regulated by the WHS (NUL) Act
No longer a licensing regime established by the Dangerous Goods Act
Notification requirements based on threshold quantities at workplace
Globally Harmonised System (GHS) will become the system of classification and labelling of Chemicals – 5 year transition applies

21. Chapter 8 Asbestos
PCBU with management or control of a workplace will need to establish:
Asbestos Register identifying location of asbestos by competent person
Asbestos management plan
Changes to asbestos removal licensing regime
Transitional arrangements exist

22. Codes of Practice
Work Health and Safety Consultation, Co-operation and Co-ordination
How to Manage Work Health and Safety Risks
Managing the Work Environment and Facilities
First Aid in the Workplace
Hazardous Manual Tasks
How to Manage and Control Asbestos in the Workplace
How to Safely Remove Asbestos
Managing Noise and Preventing Hearing Loss at Work

23. Codes of Practice Labelling of Workplace Hazardous Chemicals
Preparation of Safety Data Sheets for Hazardous Chemicals
Confined Spaces
Construction Work
Preventing Falls in Housing Construction
Prevention of Falls in General Construction

24. Further Information Website www.worksafe.nt.gov.au
safeworkaustralia.gov.au