How does WHS training empower workforces and help employers meet their legal obligations?
Under Australian WHS/OHS legislation, employers are mandated to ensure a safe working environment for all workers. As well as providing a safe workplace where they assess and control risks, employers are also obligated to provide employees with adequate training, instruction, information, and supervision to perform their work safely and without risks to health.
Investing in WHS training for your workforce does more than just meet legal obligations; it introduces an additional layer of safety vigilance at work. Workers with WHS skills become invaluable assets, enhancing workplace safety and using their knowledge to reduce the risk of incidents. These skills boost their effectiveness and versatility.
Additionally, businesses and individuals may face criminal charges under Industrial Manslaughter laws if their negligence (which can include a lack of training in workplace safety) leads to a fatality. If found guilty, penalties may include hefty fines for businesses and jail terms for individuals (varying by state*).
What are an employer’s general legal obligations regarding safety training for their employees and contractors?
1. Identify training needs
Employers must identify the WHS training needs specific to their workplace and the needs of their workers by understanding the nature of the work, the risks associated with it, and the specific requirements of the WHS legislation that apply. This process involves analysing the current skills and knowledge of employees regarding health and safety practices to highlight areas where training is needed. This consultation should cover the types of training required, how it will be delivered, and who will receive it, utilising methods such as surveys, interviews, or discussions with health and safety representatives to ensure comprehensive coverage of training needs.
2. Induction training
All new employees should undergo induction training that covers WHS responsibilities, the identification of hazards, and the procedures for reporting and responding to potential risks.
All workers must be provided with easy access to information about the risks in their workplace and the measures in place to manage these risks. Employers must develop and implement training programs tailored to the specific needs identified and must cover the following:
- The WHS legal framework and the responsibilities of employers and workers.
- How to identify, report, and manage workplace hazards and risks.
- The correct use of personal protective equipment (PPE).
- Emergency procedures, including evacuation plans and first aid.
- Specific training for health and safety representatives (HSRs) if elected, which includes negotiation and consultation processes.
- The company policies and procedures which include the expectations regarding expected behaviours and how to meet those behaviours.
4. Competency-based training/ Verification of Competency (VOC)
Certain high-risk roles may require competency-based training. This might include your workers who operate heavy machinery, work at heights, or handle hazardous substances. Competency-based training often results in a recognised qualification, licence or ticket. Employers need to view, verify and record that each employee holds the relevant current qualification, licence or ticket, and through a verification of competency process, confirm their employee’s ability to undertake the tasks safely.
Employers must keep records of all WHS training conducted for their workers, including the content of the training, the trainer’s qualifications, and attendance records.
6. Ongoing education and refresher training
WHS training is not a one-time requirement. Regular refresher training should be provided to address changes in legislation, work practices, or the introduction of new equipment or technology. To maximise effectiveness and ensure training sticks, training should include ongoing embedding activities to keep the key messages and expected behaviours going.
7. Consult with workers
Employers are required to consult with all their workers on the ongoing effectiveness of WHS training programs.
Why go beyond the basics of safety training?
The outcomes of WHS training can extend beyond keeping workers safe and legal compliance. It helps employers retain talent, maximise productivity and can reduce business costs, as the frequency and severity of workplace incidents can influence an employers cost of workers’ compensation insurance premiums.
Training everyone in your workforce in WHS helps create teams that are conscientious, skilled, and ready to contribute to a safer working environment. An investment in safety training is the foundation for a productive, secure, and successful business operation.
________________________________
*Industrial manslaughter laws in NSW and SA have legislation pending. No scheme in TAS to date.
Note: Please check your own state’s legal obligations to ensure you are following the most current legislation that applies to your specific state and circumstances. This is general information and not legal advice. Visit Safe Work Australia to find your State Regulator.