Document ID: chunk:federal_register_of_legislation:F2016L00421:front:0:p3
Version: federal_register_of_legislation:F2016L00421
Segment Type: other
Provision Reference: 
Character Range: 5466–8374

references to sections of the WHS Act and the Regulations which set out the legal requirements. These references are not exhaustive. The words 'must', 'requires' or 'mandatory' indicate that a legal requirement exists and must be complied with.

1.              INTRODUCTION

1.1              Who has duties in relation to the work environment and facilities?
A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking.
The WHS Regulations place more specific obligations on a person conducting a business or undertaking in relation to the work environment and facilities for workers, including requirements to:
    * ensure, so far as is reasonably practicable, that the layout of the workplace, lighting and ventilation enables workers to carry out work without risks to health and safety
    * ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing and eating facilities
    * manage risks associated with remote and isolated work
    * prepare emergency plans.
Persons conducting a business or undertaking who have management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace is without health and safety risks to any person.
This means that the duty to provide and maintain a safe work environment and adequate facilities may be shared between duty holders, for example a business leasing premises will share the duty with the landlord or property manager of the premises. In these situations the duty holders must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with each other.
Persons who design and construct buildings and structures that are intended to be used as workplaces must ensure, so far as is reasonably practicable, that the building or structure is without risks to health and safety.
Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to provide and maintain a safe work environment and adequate facilities for workers.
Workers have a duty to take reasonable care for their own health and safety and that they do not adversely affect the health and safety of other persons. Workers must comply with any reasonable instruction and cooperate with any reasonable policy or procedure relating to health and safety at the workplace.

1.2              Identifying what facilities are needed
Decisions about