WHS-PRO-001 WHS Responsibilities Procedure

Intent

To define the work health and safety responsibility for all roles at all levels within James Cook University (JCU).

To enable all persons to comply with their work health and safety legal obligations which are endorsed by JCU’s Work, Health and Safety Policy

Scope

This Procedure applies to all staff, students, contractors and affiliates involved in JCU business operations and activities.

This Procedure does not apply to the JCU Controlled Entities, JCU Singapore and JCU Brisbane.

Definitions

1 Duty, Obligations and Responsibilities

Duties for work health and safety are legislated in the Work Health and Safety Act 2011 (Qld) (the Act).

The Act details the duties of a ‘person conducting a business or undertaking’ (PCBU), Officers, Workers and other persons.

The following principles apply to all duties that persons have under the Act;

• A duty is not transferable
• A person may have more than one duty
• More than one person can have the same duty
• A duty imposed on a person to ensure health and safety requires the person to manage risks so that they are eliminated so far as is Reasonably Practicable or, if elimination is not possible, are or minimised so far as is Reasonably Practicable.

1.1  James Cook University

As a PCBU under the Act, JCU has a primary duty of care to ensure Workers and Others are not exposed to a risk to their health and safety.

Without limiting the above statement, JCU owes a primary duty of care when it;

• Engages or causes to engage a Worker;
• Influences or directs the work carried out by a Worker; or
• Has management or control of a Workplace.

JCU must meet its obligations, so far as is reasonably practicable, to provide a safe and healthy Workplace for Workers and Others by ensuring:

• Safe systems of work are in place;
• A safe work environment is provided;
• The provision and maintenance of safe plant and structures;
• The safe use, handling and storage of plant, structures and substances;
• Adequate facilities for the welfare of Workers are provided;
• Adequate information, training, instruction and supervision is provided;
• If accommodation is provided, it is maintained to not expose occupant Workers to risks to health and safety;
• That effective systems are in place for monitoring the health of Workers and workplace conditions; and
• That the notification and recording of workplace incidents is implemented.

JCU must also have meaningful and open consultation about work health and safety with its Workers, Health and Safety Representatives and health and safety committees.

JCU must consult, cooperate and coordinate with other PCBU’s with whom it shares duties.

JCU will also have further duties under the Act if it is involved in specific kinds of activities such as:

• The management and control of Workplaces, fixtures, fittings or plant at a Workplace;
• The design, manufacture, import or supply of plant, substances or structures; or
• The installation, construction or commissioning of plant or structures.

1.2  Officers

Holders of the following JCU positions are considered Officers with regards to Work Health and Safety:

• Members of Council, Chancellor and Vice-Chancellor
• Deputy Vice-Chancellors, Chief of Staff
• Directors, Deans and Executive Officers

It is an Officer’s duty to exercise due diligence to ensure the PCBU fulfils its health and safety obligations under the Act.

In exercising that due diligence, Officers must take reasonable steps to:

• Acquire and keep up-to-date knowledge of work health and safety matters;
• Gain an understanding of the operations of the business and the hazards and risks involved;
• Ensure appropriate resources and processes are provided to enable hazards to be identified and risks to be eliminated or minimised;
• Confirm information regarding incidents, hazards and risks is received and the information is responded to in a timely way;
• Ensure the PCBU has, and implements, processes for complying with any legal duty or obligation; and
• Ensure these resources and processes are verified, monitored and reviewed.

Officers are able to meet their due diligence by:

1.2.1 University Council, Chancellor and Vice-Chancellor

Implementing due diligence requirements:

• Acquiring and keeping up-to-date knowledge of work health and safety matters through active consultation with their team, active attendance at WHSAC and other consultation forums/processes;
• Gaining an understanding of the operations of the business and the hazards and risks involved;
• Ensuring appropriate resources and processes are provided and used to enable hazards to be identified and risks to be eliminated or minimised;
• Ensuring information regarding incidents, hazards and risks is received and the information is responded to in a timely way;
• Ensuring JCU has and implements processes to comply with any legal duty or obligation;
• Ensuring processes are verified, monitored and reviewed;
• Monitoring the implementation of the WHS Policy.

1.2.2 Deputy Vice-Chancellors, Chief of Staff and Chief Financial Officer

Providing leadership and exercising due diligence requirements:

• Setting the standard for health and safety and actively demonstrating commitment to the health and safety of staff, students and others through proactive safety leadership and safety behaviours;
• Acquiring and keeping up-to-date knowledge of work health and safety matters;
• Gaining an understanding of the operations within areas of responsibility and the hazards and risks involved;
• Ensuring areas of responsibility comply with work health and safety legislation and the JCU Health Safety Management System (HSMS);
• Providing resources to implement the requirements of the HSMS for the area of responsibility;
• Ensuring information regarding incidents, hazards and risks is received and the information is responded to in a timely way;
• Participating in the monitoring and review of the implementation of the HSMS for the area of responsibility.

1.2.3 Directors, Deans & Executive Officers:

Implementation of due diligence requirements by ensuring activities of the Organisational Unit comply with workplace health and safety legislation and the JCU HSMS. This includes but is not limited to:

• Ensuring a culture of compliance and proactive WHS Management is promoted;
• Implementing work health and safety risk management activities. For example reporting of incidents and any local specific measures required to eliminate or reduce risk in their area that are identified, documented and implemented;
• Ensuring safe equipment and processes are in place for staff, students and others for example Safe Work Procedures, use of the field trip module in Riskware;
• Ensuring staff and students have the necessary instruction, information, induction, training and supervision to enable work to be carried out safely;
• Ensuring corrective actions are implemented as a result of hazard / incident reports or incident investigations;
• Monitoring the work health and safety performance of the Organisational Unit;
• Ensuring work health and safety consultation arrangements are implemented;
• Allocating appropriate resources to fulfil work health and safety requirements;
• Other responsibilities as outlined in the HSMS.

1.3 Senior Officers

The use of the term ‘senior officer’ for the industrial manslaughter offence is intended to capture individuals of the highest levels in an organisation (those who can create and influence safety management and culture at their workplace), even if they don’t have the final say on safety matters. The rationale for capturing these higher level officers is to ensure health and safety is managed as a cultural priority within organisations and to guarantee that safety standards are managed and supported from the top-down.

A person is not a senior officer if they simply provide advice for the consideration of decision-makers or are only involved in the administration of a business process. For example, a manager or supervisor in an operational area of the business (i.e. a line manager) will not be a senior officer as the manager or supervisor administers the decisions of more senior management and do not make key decisions on how the business is managed.

A Senior Officer meets their obligations by exercising due diligence in the same way as Officers.

1.4 Supervisors

Many Staff Members at JCU are responsible for Supervising Workers and Students. As a Supervisor, the Staff Member is responsible for:

• Ensuring that work areas and equipment under their control is safe and without risk to health and safety;
• Ensuring that health and safety is integrated into planning;
• Ensuring risks are managed when there is a known hazard that may result in injury or illness for activities under their management and control;
• Ensuring all hazards and incidents are identified, assessed, controlled and reported and appropriately actioned;
• Actively participating in inspections and audits within their area of responsibility;
• Engaging with workers in an open honest and meaningful way to ensure they understand what safety standards are expected of them;
• Encouraging feedback and communication channels between workers, supervisors and senior managers;
• Providing appropriate instruction, information, training and supervision to staff, students and others to enable work to be carried out safely;
• Modelling safe work practices to workers and other managers;
• Involving and assisting workers in any change management process;
• Monitoring the work health and safety performance of employees under their supervision;
• Other responsibilities as outlined in the Health and Safety Management Systems.

1.5 Staff, Contractors, Adjuncts and Others

Staff, Contractors, Adjuncts and Others, must take the following actions whilst on JCU controlled premises:

• Take reasonable care for their own health and safety;
• Take reasonable care that his / her acts or omissions do not adversely affect the health and safety of other persons;
• Comply with any reasonable instruction from JCU;
• Comply with all applicable JCU Policies and Procedures;
• Promptly report hazards or incidents using the JCU reporting system;
• Being familiar with emergency and evacuation procedures and complying with the instructions given by emergency response personnel (e.g. wardens) during emergencies; and
• Other responsibilities as outlines in the JCU HSMS system.

1.6 Work Health and Safety Committees and other health and safety roles

Specific work health and safety responsibilities are outlined throughout the Health and Safety Management System (HSMS) documentation.

2 Requirements

2.1 Documenting Responsibilities

Specific work health and safety responsibilities are outlined throughout the Health and Safety Management System (HSMS) documentation.

Work health and safety expectations must also be specified in all JCU Position Descriptions.  Performance against the work health and safety responsibilities is assessed and managed during the individual performance development planning process.

Related policy instruments

Work Health and Safety Policy

Workplace Health and Safety Queensland

Work Health and Safety Act 2011

Work Health and Safety Regulation 2011

AS/NZS 45001:2018 Requirements with guidance for use - Occupational health and safety management systems

Queensland First Aid in the Workplace Code of Practice 2021

Appendices

Appendix 1: Work Health and Safety Responsibilities

Administration

NOTE:  Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History