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Work Health and Safety (WHS)
WHS Law (Legislation)
www.tastafe.tas.edu.au

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Work Health and Safety (WHS) Act 2012
The new WHS laws came into effect on January 2013. All Australian states and
territories will operate under this new National WHS legislation.
The aim of the national WHS legislation is to “provide all workers in Australia with
the same standard of health and safety protection regardless of the work they do
or where they work” (Safe Work Australia, 2012)
According to Safe Work Australia (2012), these new laws will create a stronger
approach to workplace health and safety, which will mean a greater certainty for
workers and businesses.

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Work Health and Safety (WHS) Act 2012
The WHS 2012 Act documents the rules that workers and PCBU must follow, and
outlines:
• The duties of workers, owners, and managers of workplaces in order to keep
workplaces safe
• How owners and managers can consult and discuss work health and safety
issues with workers
• The roles of duty holders e.g. officers
• The role of WHS meetings and consultation
• The fines and penalties that will be imposed if the law is not followed;
• and other WHS information

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Work Health and Safety (WHS) Act 2012
Persons Conducting a Business or Undertaking (PCBU) must follow set rules as
outlined by the WHS 2012 Act. To assist PCBUs to follow WHS laws WHS
Regulations and Codes of Practice have been developed.
• The WHS Regulations specify the way in which some duties must be met e.g.
guidelines for record keeping, requiring licenses for specific activities
• The Codes of Practice provide practical guidance on how to meet the standards
set out in the WHS 2012 Act and the WHS Regulations

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Work Health and Safety (WHS) Act 2012
The WHS 2012 Act sets out the WHS duties for PCBUs. An important duty is that
of providing workers with WHS information, instruction, training and supervision to
ensure their safety at work and to assist workers to maintain their own health and
safety and ensure that their conduct does not effect the health and safety of other
workers.
PCBUs collect and document WHS information, guidelines, and codes of conduct
in their policies and procedures.

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Work Health and Safety Policies and Procedures
PCBU policies and procedures should include the following:
• WHS policies and procedures
• WHS consultation processes and representatives
• Reporting requirements e.g. incidents and hazards
• Safety inspections processes and reporting
• Relevant WHS forms e.g. incident form
• WHS information e.g. ergonomics
• Worker induction program

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Work Health and Safety (WHS) Act 2012
Workers duties, under WHS 2012 Act, is to follow PCBU instructions. WHS
instructions and information will be outlined in the PCBU‟s policies and procedures.
Therefore, PCBU must ensure all workers are aware of, and have access to, the
PCBU‟s WHS policies and procedures and other WHS information.