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Home Supervisors of Young Workers Managing Young Workers What are Employers and Supervisors Legal Responsibilities?
What are Employers and Supervisors Legal Responsibilities? Print E-mail

Although employers have primary responsibility, everyone in the workplace has legal responsibilities regarding WHS

Click headings below to expand.

  • The NSW WHS Act 2011 - Part 2, Division 3, Section 20 states that a person conducting business of undertaking involving management such as directors, managers and supervisors are legally responsible for WHS within areas under their control.
  • NSW WHS Regulation 2011 - Part 7.1, Division 7, Section 379 requires employers to provide reasonable supervision by a competent person to ensure the health and safety of employees and any other persons affected by the workplace. The level of supervision provided must take into account the competence, experience and age of employees.
  • Overall responsibility for WHS policies, procedures and planning
  • Reviews of information and systems for hazard identification, risk assessment and risk control
  • Delegation of responsibility for WHS
  • Allocating an appropriate budget for WHS
  • Active support and leadership of WHS policies, procedures and planning

The current NSW laws concerning WHS are outlined below.

NSW WHS Regulation, 2011 NSW WHS Act, 2011

Employers are required by law to:

Employers are required by law to provide:

Identify hazards

Safe work areas, machinery and equipment

Assess risks

Safe systems of work

Eliminate or control risks

Information, instruction, training and supervision

Monitor and review risk control measures

Suitable working environment and facilities

Provide a workplace induction relevant to the new worker’s competence, experience and age

Personal protective equipment

Provide workplace and WHS training


  • The NSW WHS Act 2011 - Part 1, Division 2, Section 19 states that the person in control of premises, plant or substances used by people at work must ensure that they are safe and without risks to health.
  • Training and supervising YWs to follow safe work procedures.
  • Communicating with YWs about hazards and procedures to control risk.
  • Consulting on WHS issues and providing feedback to management and employees.
  • Recording and reporting hazards, incidents, near misses, injuries and illness.
  • Cooperating with WHS representatives and committee members.
  • Correcting and monitoring any YWs not completing tasks safely.

  • Working safely and following WHS policies and procedures at all times.
  • Reporting known workplace hazards and unsafe practices.
  • Reporting incidents, near misses, injuries and illness.
  • Using personal protective equipment and other safety equipment in the correct way at all times.
  • Cooperating with WHS representatives and committee members.


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Managing YW - what do you think?

Who are young workers?

Young workers are those aged up to 25 years.