Work Health and Safety laws in Australia have evolved over many years to create a safer working environment for employees and employers.
Early Beginnings (Pre-1970s)
Before the 1970s, there were limited and varied regulations around workplace health and safety across Australia. Each state had its own legislation, and safety standards were not uniform. Most of the laws focused on specific industries, such as mining, and were often reactive rather than proactive in addressing health and safety risks.
- 1900s: Industrial safety laws began to emerge in the early 20th century, but they were often focused on specific hazards such as machinery, fire safety, and hazardous substances.
- 1930s–1940s: Industrial safety was still treated as an issue of personal responsibility rather than something that required systemic management. Regulations were often inadequate, and workplace accidents were common.
Industrial and Occupational Safety Legislation (1970s–1980s)
The 1970s saw significant changes in how work health and safety was approached in Australia, largely driven by international movements, growing industrial activism, and increased awareness of workers’ rights. The rise of trade unions and political movements in the 1970s pushed for stronger health and safety protections.
- 1970s: There were attempts to implement more comprehensive safety standards in various industries. However, these were still largely irregular, with different standards across states and territories.
- 1980s: This decade marked a significant shift towards more consistent regulation, particularly with the introduction of national standards and codes of practice. During this time, safety standards were enforced more rigorously, with the establishment of specific health and safety authorities at the state level.
The Push for National Harmonisation (1990s–2000s)
By the 1990s, the need for a unified approach to Work Health and Safety laws became increasingly clear. Australia’s economy was becoming more integrated, and there were growing calls for a national approach to industrial safety standards. Different state and territory laws created confusion, particularly for businesses operating in multiple jurisdictions.
- 1991: The National Occupational Health and Safety Commission (NOHSC) was established to provide national leadership on occupational health and safety issues. Its role was to develop national guidelines, codes of practice, and technical standards.
- 1995: The Model WHS Act was first developed by NOHSC to create a uniform framework across the country. It provided a model for states and territories to follow, though not all states and territories adopted it immediately.
The WHS Harmonisation (2010s)
The most significant reform in Australian WHS law came in the early 2010s when a process was launched to harmonise workplace health and safety laws across the country. This reform aimed to create consistent regulations, simplify compliance for businesses, and enhance protection for workers.
- 2008–2011: The Safe Work Australia (SWA) initiative was established by the Australian Government to develop model WHS laws. This included a model WHS Act, Regulations, and Codes of Practice, with the goal of ensuring uniformity across Australia.
- 2011: The Work Health and Safety Act 2011 (WHS Act) was passed as a model law for Australian jurisdictions. The WHS Act was designed to be adopted by all states and territories, with only minor variations based on local circumstances.
Key features of the WHS Act 2011 included:
- A focus on risk management rather than prescriptive rules.
- Clear duties of care for employers, workers, contractors, and suppliers.
- The introduction of workplace health and safety representatives and health and safety committees in larger businesses.
- Greater accountability and penalties for non-compliance, including the introduction of personal liability for officers (e.g., company directors) who fail to ensure compliance.
With accountability being restored in the model laws, business owners and company directors were given specific due diligence duties for the first time. The employer became the senior duty holder with the overall responsibility for the health and safety of the workplace and workers were tasked with WHS responsibilities to themselves and the people they work with.
The passage of the WHS Act 2011 marked a significant milestone, but the ongoing process of regulatory evolution ensures that workplace health and safety will remain a central issue in Australian law for the foreseeable future.
Sherm Software plays a critical role in helping employers maintain accountability for creating and maintaining a safe and compliant work environment. By digitising and automating health and safety processes, Sherm Software can ensure that employers are meeting legal obligations, protecting employees and fostering a safety-first culture, now and into the future.
