Workplace health and safety

Work health and safety laws

In Canberra, WorkSafe ACT regulates our work health and safety (WHS) laws. They handle many things from dangerous goods to labour hire to long service leave. It’s your responsibility to keep up-to-date with the latest requirements and advice on WHS for your workplace.

To manage health and safety you should:

• identify hazards in your workplace
• assess risks
• control risks
• review risk controls
• record and report safety issues
• support return to work options following sickness or injury.

WorkSafe ACT has information to help business owners manage work health and safety. This includes advice for different industries and how to reduce the risks of common workplace safety hazards such as:

• excessively loud noise
• moving machinery
• chemicals
• electricity
• working at heights
• repetitive jobs
• bullying or discrimination
• violence in the workplace.

As well as common risks, your business must be aware of risks specific to your industry and those with an increased likelihood. For example, hospitality and food business often have increased risks for burns, slips and chemical use.

Find out more from WorkSafe ACT

Discrimination

As a business owner you need to have a workplace that is free from discrimination and harassment. You also need to ensure that you and your employees don't discriminate against your clients or customers.

Protected attributes

In the ACT it's against the law to treat someone unfavourably due to their characteristics. These characteristics are known as protected attributes. They include (but are not limited to):

• race
• disability
• sex
• gender identity
• age
• religious conviction
• parent, family, carer or kinship responsibilities
• pregnancy or breastfeeding
• homelessness and accommodation status
• employment status
• physical features (i.e. how someone looks)
• subjection to domestic or family violence
• industrial activity
• irrelevant criminal record.
• using an aid like a wheelchair or walker
• having a guide dog or assistance animal
• being an associate of a person with one of these attributes.

Direct and indirect discrimination

Discrimination on the grounds of protected attributes is not allowed whether it's direct or indirect.

Direct discrimination happens when someone is unfairly treated due to their protected attribute. For example, Alice applies for a job as a manager in a bar but is told that they will only hire a man for that position. Another example, Dan has an assistance animal and is told he can only sit outside at a café.

Indirect discrimination happens when a condition or requirement disadvantages someone because of their protected attribute. For example, Ahmed is a wheelchair user, but his local grocery store does not have a ramp. Another example, Gina has a compromised immune system but her work requires all people to attend meetings in-person.

The ACT now has a new positive duty to make reasonable adjustments to accommodate a person’s particular needs due to their protected attribute. This applies to all protected attributes in the Discrimination Act. This means that businesses need to proactively think about how their services, premises and work conditions are accessible to customers, clients and employees.

A positive duty to eliminate discrimination, sexual harassment and unlawful vilification will commence for businesses in April 2027.

Exceptions

There are some exceptions where discrimination is allowed. For example, if it would cause unjustifiable hardship to a small business to make changes for people with a protected attribute. Another example is a measure intended to achieve equality. For example, offering a management course to female employees only in a workplace where most managers are men.

You can stop someone entering your business or refuse to serve them. You can only do this if you don’t breach anti-discrimination laws. You need to understand when you can refuse service and when you can't.

You would need to find out more if an exception is applicable.

Find out more from the ACT Human Rights Commission

Mental Health and wellbeing

Supporting the mental health and wellbeing of your employees is an important part of work health and safety.

Creating mentally healthy workplaces

Creating a mentally healthy workplace has benefits for you and your team. As well as looking after your employees, your business can experience:

• increased productivity
• less staff absenteeism
• less staff turnover
• greater job satisfaction.

Work-related psychological injury can also cost your business.  Reduce and avoid work-related mental health injuries with good management practices.

This can include:

• managing workloads effectively
• being open and communicating with your staff regularly
• clear complaint procedures
• having zero tolerance to inappropriate behaviours.

Create a mentally healthy workplace

Psychosocial hazards

WorkSafe ACT provides information about psychosocial hazards and how to prevent or manage them.

Psychosocial hazards are things at work that can hurt your mental or physical health. They can come from how work is set up, how people behave, or how the workplace is managed.

Some common examples include:

• having too much work or unclear tasks
• not getting enough support
• poor communication or unfair treatment
• working alone or in unsafe places
• bullying, harassment or violence.

These hazards can happen over time or in one incident. For example, feeling stressed every day because of unclear tasks, or being yelled at by a customer.

Psychosocial hazards can lead to work-related stress. If this stress is too much or lasts too long, it can cause serious health problems like anxiety, depression or physical illness.

As a business owner, you can create processes and procedures to manage work-related stress to create a mentally healthy workplace.

Learn more about psychosocial hazards

Your mental health and wellbeing as a business owner

Running a small business is rewarding, but it can also be isolating, stressful and overwhelming. As a business owner, it's easy to put your wellbeing last.

The Australian Government has developed NewAccess for Small Business to support small business owners.

It’s a free and confidential mental health coaching program. Developed by Beyond Blue, it supports small business owners and small traders.

The program gives you up to 8 free coaching sessions. No GP referral needed. Coaching is flexible, confidential, and available by phone or video. Coaches have a small business background and understand the unique challenges of running a business.

Remember to talk to your doctor if you need more support.

Get free support

Get immediate support

If you’re having very strong feelings of worry, unease or fear and you’re struggling to cope, seek immediate help.

If your situation is life-threatening, call triple zero (000) immediately for help or visit your nearest Emergency Department.

You can also call or visit:

• Your GP
• Lifeline Australia: 13 11 14
• Lifeline crisis support chat
• Beyond Blue: 1300 224 636
• Suicide Call Back Service: 1300 659 467 or online chat and video chat counselling
• MensLine Australia: 1300 78 99 78
• Canberra Health Services Access Mental Health: 1800 629 354 or 02 6205 1065

If you need to talk, call Lifeline Australia today on 13 11 14

Healthier Work program

The Healthier Work program is a free program that helps employers create healthy and safe work environments. It can help businesses put in place strategies and activities that:

• protect
• support
• promote health and wellbeing.

The Healthier Work team provides advice on actions to address both mental and physical health and safety. They do this with organisational, environmental and individual initiatives.

The program also offers:

• resources and support for managers and leaders
• a tiered recognition scheme with promotional benefits
• networking opportunities and events.

The Healthier Work program has a community of businesses at the leading edge of employee wellbeing. Learn from others and be recognised by the ACT Government for your commitment.

Join the Healthier Work program