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1.Explain how state/territory legislation impacts workplace regulations, codes of practice and industry standards, including WHS authorities. 

2.Explain how state/territory legislation impacts the rights and responsibilities of persons conducting a business or undertaking (PCBUs), officers and workers, including duty of care.

3.Explain how state/territory legislation impacts due diligence requirements. 

4.Explain how state/territory legislation impacts general duty requirements.

5.Provide two examples of regulatory requirements that relate to the community services work environment.

6.Explain WHS policy requirements regarding designated person/s for raising issues.

7.How does state/territory legislation affect performing hazardous manual tasks in a community services environment? Provide two characteristics of a y

8.Explain how WHS policies should address hazard identification, risk assessment and control.

9.Outline the principles of hazard and risk management regarding risk analysis in community services work environments.

10.Outline two hazard identification procedures according to the principles of hazard and risk management.

11.Provide an example of how you would apply Level 2 of the hierarchy of control to control a hazard in a community services environment.

12.In the principles of risk assessment, what is evaluated?

13.Provide two examples of health and safety benchmarks in a community services work setting.

14.Explain how state/territory legislation impacts infection control in a community services environment.

15.Explain how WHS policies should address workplace support services.

16.Explain how WHS policies should address consultation and participation.

17.Why are WHS policies and procedures required to address human resources? Give two examples.

18.Explain the legislative requirements for consultation in a community services work environment.

19.What are two principles of safe design processes?

20.Explain how WHS policies should address the use of personal protective equipment (PPE).

21.In community services, what are two considerations that may need to be included in the emergency procedures?

22.What are two ways you can use quality system documentation to evaluate record-keeping policies and procedures?

24.Give two examples of hazards common to a community services work environment and suggest strategies for risk minimisation.

The Impact of State and Territory Legislations on Workplace Health and Safety

1.In year 2011, safe work Australia developed a set of WHS laws and the same is applicable through Australia (except Victoria and Western Australia). In such a manner, every organization now needs to implement this standard set of law. Nevertheless, In Australia, different states and territories have their separate acts on the subject of workplace health and safety. This is the reason that different organizations and industries follow different legislations. The same can be understood by an example. For instance, in addition to the model WHS laws, the employer in Victoria state also need to comply with occupational health and safety act 2004 (, 2018). Further Work Health and Safety Act 2011 (Qld) is applicable throughout Queensland. If to talk about the legislations of territory, Occupational health, safety and welfare Act 1986 (South Australia), Occupational safety and health Act 1984 (Western Australia) and many others are there which define different obligations for the employers.  

Although the final objectives of all these legislations are the same yet the requirements are different. Businesses need to develop their code of practice and policies according to these legislations. In addition to this, sometimes these legislations are industry-specific due to which various industries have different standards.

2.There are many acts that defines the entitlements and responsibilities of the employer and employee. Sometimes, these legislations are closely connected to the health and safety of workers. These Legislations put liability on the employer to provide a safe and secure workplace to workers. For instance Electrical Safety Act 2002 is there which requires a person who is conducting business or undertaking (PCBUs) is required to ensure that the business is a conducting in a way that is electrically safe (, 2019). Further, The Work Health and Safety (WHS) laws also put liability on persons conducting a business or undertaking (PCBUs). According to these laws, every such person is required to provide a safe system of work, safe plant, structure and other supports. 

In addition to this, officers, workers, and other persons are also covered by state legislations. For instance Work Health and Safety Act 2011 (Qld) prescribe the duty of officers that the need to ensure in respect of workplace health and safety. The act is applicable throughout Queensland. This act also states that every officer of the organization should exercise due diligence in order to ensure the existence of a safe and healthy workplace. Duties are not there only for employers, but workers also have a responsibility to take reasonable care for theirs and other’s safety. In such a manner territory acts influence impacts the responsibilities and rights of various parties.

Due Diligence Requirements for Officers

3.As mentioned in the above-mentioned part, Work Health and Safety Act 2011 (WHS Act) states the due diligence requirements, the same are further detailed in this part. This act prescribes a specific duty for an officer of corporations and unincorporated bodies. These unincorporated bodies include club and associations. According to the subjective duty, such officers are required to keep ensuring that organizations are fulfilling their duty to provide a healthy and safe work environment to their workers. In the process of due diligence, these officers have a responsibility to show that they have taken all the sensible steps to obtain knowledge related to safety and health matters. In addition to these, they also need to show that they have tried their best to ensure that PCUBs complying the requirements mentioned under the WHS Act

The act does not only prescribe the duty of due diligence for officers but also outlined the manner in which the due diligence can be conducted. Trained safety advisors are another concept of due diligence policy, according to which every government departments, statutory authorities, and government-owned companies are required to retain trained safety advisors in order to meet the due diligence requirements. After the above-mentioned discussion, this would not be wrongful to state that state legislations have an impact on the requirement and process of due diligence.

4.Before moving ahead to the discussion of legislations, first, the meaning of general duties is required to be understood. In order to answer this is to state that general duties refer to the duties of an employer which is not prescribed under any legislation and yet, employers/person conducting business needs to perform them. Further, many legislations are there which affect such duties. Occupational health, safety and welfare Act 1986 is the legislation in South Australia. The legislation leads a general duty to the employer to provide a, safe working environment, safe plants, safe system of work, and substances and to keep training related documents. In Victoria, Occupational Health and Safety Act 2004 is there which establish many general duties on employer such as to ensure that other people are not exposing any risk from their entity (CCH Australia Limited, 2010).

In Western Australia, Occupational safety and health Act 1984 is there. Section 21 of this act mentions the general duty of care to employers regarding people at the workplace (other than the employees). These are the territory legislations which prescribe general duties for the employers. After reviewing the above-mentioned provisions it is clear that state, as well as territory legislations, influences the general duty requirements and employers of that particular state, as well as territory, need to follow them.

General Duties That Employers Have to Fulfill

5.The Work Health and Safety Act 2011 is a first key regulatory requirement that provides provisions regarding the health and safety of community services work environment. A primary duty of care is imposed through this act to ensure that community workers remain safe when they visit the community services work environment. Various general duties are also imposed on parties to make sure that they take sensible steps to ensure the safety and health of community workers (Macdonald, Driscoll, Stuckey & Oakman, 2012). These duties include providing and maintaining the work environment and the relevant system to avoid potential health risks. Another duty is appropriate handling and use of storage, transportation, and substances which could pose a safety threat for community workers. Providing information and instructions regarding the use of equipment and monitoring the conditions to control and prevent injury or illness. 

The Occupational Health and Safety Act 2004 (Vic) is another key act which provides regulatory requirements regarding maintenance of a healthy and safe working environment to protect community workers (Chan-Mok, Caponecchia & Winder, 2014). Various guidelines are given in this act which parties have to comply to ensure that they evaluate potential risks which could injure or harm community workers.

6.WHS policy of every organization will clearly state the role and responsibility of each party. In addition to this, the same will also state the name of the designated person to whom the issues will be expected to raise. In general, such a person is the supervisor of the employee. According to the provisions of Work Health and Safety Act 2011, a worker can raise the issues related to health and safety to his/her employer/ person conducting business, an inspector, A WHS entry permit holder, health and safety representative, any member of health and safety committee or any other person who has duty to deal with such matter under the act.

Until unless the workers will not be aware of the authority, they are not supposed to raise their concern by a decided channel. This is the reason that every organization is required to state the information of the designated person in the WHS policy. In addition to this, the act also prescribes the eligibility and manner of becoming a Health and safety representative.

7.Hazardous manual tasks are riskier than the other task of a worker. It involves extra movement and can lead the injury to workers. As similar to any other topics, legislations are also there to deal with such tasks. Section 60 and 61 of Work Health and Safety Regulations 2011 provides the provisions related to these risks. When it comes to the performance of hazardous manual tasks in a community services environment, a checklist provided by the Queensland government is there. Such a checklist should be filled in consultation with the worker. This checklist includes many of the questions which need to be answered. The lead objective of this checklist is to identified the hazard and to evaluate the involved risk for the workers who are engaged in the community service environment. In such a manner, the requirements of the Queensland government affect the performance of workers doing their conduct in community services environment (, 2019).

Regulatory Requirements for Hazardous Manual Tasks

To understand the meaning and characteristics of Hazardous manual tasks, this is to say that as per the definition given under Work Health and Safety Regulations 2011, two of the lead feature of such tasks are mentioned as hereunder:-

  • Repetitive or sustained force;
  • High or sudden force; (, 2019)

8.As it is the duty of every person doing business to provide a safe environment to employees, hazard identification, risk assessment and control are one of the significant elements of every WHS policy. A WHS policy should clearly define the manner of hazard identification and risk assessment. Section 274 of the WHS Act provides approve a code of practice. This code defines the manner of achieving work safety and health required by the act. Starting from the manner of hazard identification, this is to state that employer should state the standard method to identify the situations and things that can cause harm to employees. A table mentioning all the harms with their possibility should be mentioned under a WHS policy. In addition to this, potential harms should also be addressed. Further, Risk assessment is another important activity in the process of providing a safe workplace and therefore should be a part of every WHS policy. Risk assessment is an activity that states the possible consequences of a situation where a person exposed to a hazard. A WHS policy should check the effectiveness of current control measures and the manner of working during risk assessment activity and should include a table of containing likelihood of the various type of risk. At last, a WHS policy should evaluate and mention the hierarchy of control measures and titles wise details (, 2019). In addition to this, the manner of implementation of such control measures should also be defined.

9.In the case of community services work environment, the role of risk analysis increases to ensure that the volunteers and workers that are engaging in these practices remain secured. The success of the community services also depends upon the risks involved in the projects since the number of volunteers is likely to reduce if appropriate risk avoidance measures are not taken (Glendon & Clarke, 2015). One of the key principles is identifying of key hazards involved in the particular project. For example, making sure all the products related to cleaning are place in their containers and towel and soap is available for community workers so that they can clean their hands.

Another principle of risk analysis is assessing the risk of harm by determining the likelihood of an incident that could affect the health and safety of community workers. For insatance, make sure that aggressive pets are under control before and during a visit to community workers. Evaluation of existing control measures is also necessary to make sure that they are adequate along with analyses of the extra costs that might be incurred to maintain the safety of the community services work environment. Lastly, a key principle is the periodical review to make sure that controls are working appropriately.

Hazard Identification, Risk Assessment, and Control

10.According to the approved code of practice under section 274 of the act, certain methods/procedures are there using which hazard can be identified in an organization. Two of them are mentioned as hereunder:-

  • Inspect the workplace:- This is the lead method to identify hazard in the workplace. In this process, a person conducting business visit the workplace and observers the manner of working and other things thereon. He/she tries to find answers of certain questions such as is the workplace is fully risk-free, have any changes occurred there that can rise risk to workers, and so on. While doing this, the subjective person is required to identify both kinds of hazards such as short term as well as long term hazards. Then after he/she should make a list to the identified hazard.

Consult with workers: - Person conducting business should ask the workers about the issues they face during working. Many of the incidents are there which includes health and safety risk but have not been reported for any reasons. In this process, a person conducting business should ask the workers about such incidents and in order to do so, such person may take the help of worker surveys.

11.One of the key health and safety duties of an officer is to understand different levels of controls that resulted in the prevention of any hazards from posing a risk to the health and safety of people in the workplace. While discharging this duty, the officer can use the hierarchy of control. Level 2 of the hierarchy of control provides the element of substitution in which hazards are controlled by replacing them with a less risky way in order to achieve the same outcome (Carayon et al., 2015).

People face many health and safety hazards in a community services environment which can be controlled by using level 2 of the hierarchy of control. In order to maintain health and safety in a community services environment, it is important that people rely on substitutions to change the environment to avoid harming the community workers. For example, they should change medical equipment which is used by community workers while they are providing services such as replacing old and malfunctioned equipment with new ones to avoid injuries. This small change will reduce the risks faced by medical professionals while they are providing community services and establish a safe community services environment (Carayon et al., 2015). 

12.The principles of risk assessment focus on providing steps which are necessary to identify potential risks in the workplace and introducing policies to ensure that reasonable steps are taken to reduce or remove these risks. The principles of risk assessment provide various key elements are evaluated. The first element that is evaluated is the risks which are involved in different processes in the workplace (Kuempel, Geraci & Schulte, 2012). The risk assessment focuses on identifying all the potential risks which could harm the safety and health of individuals in the workplace. The likely occurrence of hazards is evaluated through the principles of risk assessment in order to prioritized hazards based on their occurrence and impact. Existing control measures are also evaluating in this process to determine whether they are adequate or not. These principles also evaluate the extra costs which are likely to be incurred while implementing the needed safety controls in the workplace. Lastly, the review mechanism implemented by the company is also evaluated through the principles of risks assessment to ensure that the controls are working and they are adequate to avoid hazards in the workplace (Holt & Allen, 2015).

13.Benchmarking can be understood as a tool which allows an entity to assess the difference between organization and other world-class performers (, 2010). However, in other ways, benchmarks can also be understood as standards. In health and safety discussion, benchmarks are the standards which need to follow by employers community service workers. If to talk about the health and safety benchmarks for community service workers, this is to state that in general someone’s home is the workplace for such workers. These kinds of workers play a very crucial role in assisting others. As per Workplace Health and Safety provisions for community workers developed by Queensland government, this is to state that following are some requirements that a person need to ensure about when a community service worker go to their home:-

  • Before and during the visit, the client needs to keep their pet under control.
  • The client needs to be ensured that electrical equipment is safe to use.

These requirements can also be understood as health and safety benchmarks. Here the lead liability on community service providers. These organizations need to ensure that during a client visit their workers are safe and secure; they are getting a healthy environment and are not coming in touch with any kind of hazard.

14.The main reasons for infection are bugs such as viruses, bacteria, fungi or protozoa. Infection control on the other side aims to stop such bugs from coming into contact with a person with a healthy person (, 2019). In Australia, different states and territories have different legislation on the subject of infection control. For instance in Victoria, Occupational Health and Safety Act 2004 is there to provide a safe workplace to employees including the requirements of adequate infection control. Different WHS Act of the state provides various provisions in order to prevent the infection in the workplace. In South Australia, Work Health and Safety Act 2012 provides the provisions related to infection control at the workplace.

If to talk about the infection control in the community service environment, such different provisions are applicable to them. Some states also developed policies regarding infection control for specific community services. Department of social services developed the Prevention and control of infection in residential and community aged care 2013 policy for the people related to aged care. Community service providers have to comply with the WHS Act of related state/territory/jurisdiction and such act often covers the provisions related to infection control. In such a manner, this would not be wrongful to say that state legislation has an impact on infection control.

15.As the name implies, workplace support services are the services provided by the person conducting business to employees at the workplace. In addition to other topics, a WHS policy should also address such services. The mention of these services let the workers know about the perception of the employer towards his/her workers. These services include education, training and development program, stress releasing activities and so on. A safe workplace is not the only requirement but in addition to this, the workplace required to be healthy also. In such a manner, a WHS policy is required to include all the support that a worker is entitled to get regarding to workplace safety and health.

Many of the services are there that can include under WHS policy, Starting from the very basic a WHS policy should always include the support that an organization is expected to provide to workers in order to reduce their stress. Further many situations are there when a worker faces a conflict situation which causes a disturbance (Archer, Borthwick, Travers & Ruschena, 2017). WHS policy should define the manner to deal with such situations. Counseling can be one of them. How effectively the ideas and suggestions will be implemented, should also be addressed by WHS policy.

16.Division 1 of Part 5 of Work Health and Safety Act 2011 provides the requirements and provisions of consultation, representation, and participation. Because of such provisions, every WHS policies are required to address these issues. In other words, this is to say that WHS policy of an organization should contain the provisions related to consultation and participation clearly.

While the development of WHS policies, an employer/person conducting business should identify the events where such consultation and participation would be required. Further, the duties of employer and duties of workers should be clearly stated under the different heading with. Section 46 of the act states that if the same duty is designated to more than one person, then it will be the responsibility of all such people to reasonably consult, participate, co-ordinate and co-operate with each other. The act also prescribes the penalty. This penalty is also required to be a part of the WHS policy of an organization.

Section 49 of the federal WHS act prescribes the events where the consultation would be required (, 2019). This is necessary to state here that these events are not limited. It means if an employer wants then the same can also mention the other events when the consultation or participation of the employees will be required. A WHS policy should mention both of such conditions.

17.Human resources play a significant part in every organization. Human resource professionals are required to ensure the health and safety of employees as they know the situation of workplace, workplace and their demands (, 2019). An organization does not work in isolation and these are the human resources which influence the environment of the workplace. At the very first instance, WHS policies and procedures seem to be a work of risk or front line manager as the same is a part of compliance. Nevertheless, such policies and procedures are required to address human resources also. Following are the aspects/reasons, that clarifies the need for addressing human resources in the development of WHS policies and procedures:-

  • Job Design: - The number of workplace injury influences by workload, clarity of reporting, supervisions and direction and shift duration. These injuries can be reduced through consideration of these issues.
  • HR policies:- The issues related to human resources such as harassment, bullying, and discrimination have an impact on workplace injuries (Willcox, 2014).

After reviewing the above aspect, it is clear that human resources are the important factors and the same has an impact on the volume of workplace injuries. This is the reason that while developing the WHS policies and procedures, human resources are required to be addressed

18.In order to maintain a healthy and safe work environment, consultation plays a major role in the community services work environment. It is a key element as per the provisions of the WHS Act to ensure that everyone in the work environment receives an opportunity to share details regarding possible risks involved in the work. The communication assists in the identification of potential hazards which assist in forming strategies to avoid such hazards. Effective consultation requires parties to engage in a two-way process between employees and the employer. Part 5, Division 5.1, Section 47 provides that the employer must consult with workers while implementing policies for work health and safety (Legislation, 2011). Failure to comply with these policies can impose a maximum penalty of $20,000 in case of an individual and $100,000 in case of a body corporate. Section 48 provides provisions regarding the nature of consultation to express their views regarding the relevant matter of issue raised by the employee and contribute to the decision-making process (Worksafe, 2011).

Community workers should be allowed to express their views regarding hazards which they might face in the work environment. Section 49 provides provisions regarding when consultation is required following health and safety matters which include when identifying hazards, making decisions, proposing changes and carrying out activities prescribed by regulation. These are the key legislative requirements provided by the WHS Act in relation to a community services work environment.

19.The safe design is a process of integration of hazard identification and risk assessment early in the process of design development in order to minimize or eliminate the risk of an injury throughout the life cycle of the product. The same applies to equipment, vehicle, buildings and structures. This approach starts at the concept development phase of subjective products.  As per the safe design approach, designers are required to consider that during each of the lifecycle process, how safety can be achieved in best mode. Some of the principles of the safe design process are there which are mentioned as hereunder:-

  • Product Lifecycle:- According to this principle, safe design applies to every stage of product development from starting to end. It involves minimization and elimination of a hazard as soon as it detected (, 2019).
  • Systematic Risk Management:- This is another principle. As per this principle, In order to achieve a safe design, one is required to apply the following:-
  1. Hazard identification,
  2. Risk assessment and
  3. Risk control process.

In addition to the above two, three more principles of safe design are also there namely, persons with control, safe design knowledge and capability, and information transfer.

20.Personal protective equipment is clothing or equipment which are designed for the purpose of providing safety to workers (, 2019). Under WHS laws, workers are required to wear them while performing their job in order to be protected from the risk of illness and injury. As the same is a requirement of WHS laws and hence WHS policy of every organization need to include the provisions related to PPE. 

In respect of PPE, the WHS policy firstly should mention what equipment and clothing will be considered as PPE. Further, the person conducting business is also required to mention that who will pay for the subjective PPE. As per law, such person has liability to make them available for workers. Further, provisions related to maintenance of PPE should also be a part of WHS policies. In general, the employer provides PPE to each worker separately but in some situation, one PPE can be shared by two or more workers. In such a situation, a WHS policy should clearly state the events when workers may share their equipment with others. Only provisions of PPE are not enough to be there. WHS policy should also state the manner of use in order to ensure the best possible result. 

21.As the name implies, an emergency plan is a set of written instructions which stated that what the workers and other people should do at the time of emergency (Austin & Arnott, 2017). Emergency procedures are part of an emergency plan. There are many points which are required to be included in an emergency procedure. These points vary according to the size and type of organization. The reason behind the same is that every organization does not have the same exposure to an emergency.

If to talk about community service workers, these are people who have a different kind of workplace in comparison to other workers. As mentioned earlier too, these workers perform their services at client places many times and therefore the emergency procedure for such people is quite different. Instead of employer and colleagues, they have clients with them. following are two of the consideration which needs to be included in emergency procedure:-

  • Training for all is essential under an emergency procedure. At the time of emergency, one should not forget the need for vulnerable workers or people with disability.
  • This must ensure that at the time of emergency there is an exit for everyone and all the doors are clearly marked.

In addition to the above two other considerations can also be there according to the nature of community service.

22.Recording keeping is an essential task to do for every organization. Every entity has different policies and procedure to keep their records. These policies and procedures are influenced by applicable legislations. Where a document states what will be done, policies prescribe the rule of what will be done and procedure provide the manner in which a particular task will be done. These three are connected in this manner. The documentation of the quality system reflects the intention of the organization with respect to the quality. Quality documentation system has a 4-tiered hierarchy which includes quality manual, quality procedure, work instruction and quality records (, 2019).

Firstly, as stated above the subjective documentation system prescribe the quality manual hence by using this one can evaluate that whether the record keeping policies of the organization are developed considering overall goals and objectives of the organizations. Secondly, The documentation can be used to evaluate record keeping policies and procedure.  The quality record states what has been done. Using this system documentation the success of record keeping policies can be evaluated.

23.Similar to any other industry, the hazard is also there in community service work environment. There are some hazards which are common to every community services despite their nature and size. Two of them are mentioned below-

  • Slips trips and falls: - There can be many causes behind such hazard. The walking pattern is one of the significant reason out of them. This hazard most occurs in elderly workers in comparison to young one because of the weaker balance.
  • Work-related stress: - This is another kind of hazard which is common in all kind of community workers. The reason behind such a hazard is that community workers often have to pay extra attention to their clients and sometimes they have to visit their homes. This causes mental disturbance and stress.

There are many ways, using which the above-mentioned hazards can be eliminated or the risk can be minimized. The hazard of slip and trip can be minimized by providing relevant information about the work area to workers such as sleeper floor or stairs (, 2012). Further providing warning signs is another strategy to minimize this risk. In addition to this, another risk i.e. work-related stress can be minimized by altering the factors of stress. Community service providers are required to change the workplace or working hours in order to minimize this risk. Coaching and mentoring are also good strategies (, 2019) 


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