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Policy · Health & safety

WHS Legal Duties Quick Guide

A practical guide to the safety duties of Nexus Group, officers, workers and other people at our workplaces.

Purpose and jurisdiction

This induction guide explains the duty-holder concepts used in Nexus Group’s national WHS framework and in workplace training. The model work health and safety (WHS) laws use the terms person conducting a business or undertaking (PCBU), officer, worker and other person at the workplace.

The law that applies depends on the work location. At Melbourne Head Office, the main law is Victoria’s Occupational Health and Safety Act 2004. Victorian law commonly uses employer and employee rather than PCBU and worker. Follow the law and regulator guidance for your location, as well as Nexus Group policies and procedures. Ask the WHS Manager if you are unsure.

Nexus Group as the PCBU or employer

Nexus Group must provide and maintain, so far as is reasonably practicable, a work environment, plant, systems of work, facilities, information, training and supervision that protect workers and other people from health and safety risks. Nexus Group must identify hazards, eliminate or minimise risks, consult workers and act on reports.

Officers and senior leaders

Under the model WHS laws, an officer is a person who makes, or participates in making, significant decisions affecting all or a substantial part of the organisation. Officers must exercise due diligence to ensure the PCBU complies with its WHS duties. This includes keeping WHS knowledge current, understanding operations and risks, ensuring suitable resources and processes are available, and checking that those processes are used.

Senior officers also have responsibilities under Victorian OHS law. A job title alone does not decide whether someone is an officer; the person’s actual role and influence matter.

Workers, employees and co-workers

Workers must take reasonable care of their own health and safety and avoid adversely affecting the health and safety of others. They must follow reasonable safety instructions and cooperate with notified policies and procedures. At Nexus Group this includes completing required checks, using equipment and PPE correctly, stopping when work appears unsafe, and promptly reporting hazards, near misses, incidents and injuries.

Co-workers have the same personal duties. A worker should not ignore unsafe behaviour by a co-worker: make the situation safe if this can be done without risk, speak up, and report or escalate through the correct channel.

Other people at the workplace

Visitors, customers, clients, volunteers and contractors must take reasonable care of their own health and safety and that of others affected by what they do or fail to do. They must follow reasonable safety instructions, signs, exclusion zones and emergency directions.

What this means in your role

  1. Follow the Work Health & Safety Policy, the Office WHS procedure, equipment instructions and supervisor directions.
  2. Complete the required pre-start check before routine office work.
  3. Stop, isolate or warn others about a hazard only where you can do so safely and within your authority. Seek help when the issue is outside your role.
  4. Use the hazard and incident report and notify your supervisor and the WHS contact.
  5. Take part in WHS consultation, including inspections, toolbox meetings and control reviews.

Authoritative references

This guide supports induction and assessment. It is not legal advice and does not replace current legislation or regulator guidance.

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