2 3 The three jurisdictions in Australia that have OHS Acts are: Commonwealth State Territory 4

Workplace Occupational Health, Safety and Security

Section 1

Vocational Education and TrainingTraining Toolbox Series

Work StudiesNSW Work Studies Course


Health and Safety Laws, Regulations

and Codes of Practice

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Table of ContentsSection 1 – Health and Safety Laws, Regulations & Codes of Practice

OHS Laws Slide - 04Employers’ Duty of Care Slide - 06Employee’s Responsibility Slide - 07OHS Regulations Slide - 08Powers Under the OHS Acts Slide - 09Notices, Enforcements and Penalties Slide - 10Codes of Practice Slide - 12Licenses and Permits Slide - 13SafeWork Australia Council Slide - 15Role of SafeWork Australia Council Slide - 16Standards and Guidance Notes Slide - 17State and Territory Offices Slide - 18Worker’s Compensation Slide - 19Roles of Unions in Workplace Safety Slide - 20

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OHS Law

The three jurisdictions in Australia that have OHS Acts are:

Commonwealth State Territory

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OHS Law

OHS Acts have the following common requirements:

To promote occupational OHS in the workplace Provide systems of work that are safe and without Take steps to prevent workplace injuries and diseases Take steps to protect the health and safety of the

public Provide rehabilitation and maximum recovery

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Employers’ Duty of CareAn employer’s ‘Duty of Care’ include many rights and responsibilities such as:

Provision and maintenance of safe equipment and systems Safe work processes in line with equipment and

substances A safe working environment Adequate employee welfare facilities Information and training on workplace hazards Monitoring the health of their employees and record

keeping Employment of qualified persons to provide OHS advice Management personnel monitoring conditions

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Employee’s Responsibility

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Areas that are under the control of the employee include:

Undertaking training when requested Confirming their understanding of hazards Use any personal protective equipment Following emergency procedures Learning to identify any unique hazards in the

workplace Reporting unsafe or unhealthy conditions Following the rules related to alcohol and drug use Understanding the required actions when injured at

work


OHS Regulations

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An OHS regulation may:

Deal with detailed administrative matters Prohibit exposure to risk Prescribe ways to prevent or minimise exposure to

risk


Powers Under the OHS Acts

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Powers granted to OHS inspectors include:

Entering a work place without a warrant Conducting inspections and investigations Conducting interviews and making inquiries Taking photographs, recordings, measurements or

samples Gathering information, examining and copying documents Enforcing compliance by issuing notices


Notices, Enforcements and Penalties

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The five types of notices inspectors can issue are:

Improvement Notice Prohibition Notice Direction Not to Disturb Infringement Notice Notice of Prosecution Action


Notices, Enforcements and Penalties

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To avoid any notices, fines or prosecution the following must be done:

Employers must support their managers in achieving OHS Managers must support their supervisors in achieving

OHS Allow employees to raise health and safety issues Follow up on raised issues Ensure that employees are trained in OHS Ensure employees are provided information on OHS Employees must cooperate with management in OHS


Codes of Practice

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Codes of Practice are developed to advise employers of acceptable compliance to OHS laws and regulations.

They are developed by:

Industry groups Employer groups Unions Government


Licenses and Permits

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Licenses or permits may be required for:

The preparation or mixing of hazardous goods or substances

The use of hazardous goods or substances The storage of hazardous goods or substances The transportation of hazardous goods or substances The discharge of production facility wastewater The disposal of solid hazardous waste The use of land or water sources The use of certain machinery or equipment Processing emissions Hazardous processes/operations to the community Hazardous processes/operations to the environment


Licenses and Permits

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Terms and conditions of licenses or permits may include:

Monitoring requirements Training requirements Reporting requirements Inspections Compliance statements


Safe Work Australia Council

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The Council consists of the following members:

Chairperson One member who represents the Commonwealth Eight members representing a different State or Territory Two members representing the interests of workers Two members representing the interests of employers A Safe Work Australia CEO


Role of Safe Work Australia Council

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The Council has the following functions:

Develop national policy relating to OHS Develop national policy relating to workers’ compensation Develop policies dealing with the compliance of OHS

laws Develop policies for the enforcement of the OHS laws Raise national awareness of OHS and workers’

compensation


Standards and Guidance Notes

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The four types of OHS standards are:

Standards developed internally Standards developed by industry groups The National Standards Australian Standards


State and Territory Offices

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Each State and Territory has government office that regulates and enforces OHS laws.


Workers’ Compensation

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Worker’s compensation insurance provides injured workers payments for:

Loss of income while injured Medical expenses Rehabilitation expenses Re-training expenses


Roles of Unions in Workplace Safety

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If informed of unsafe practices or conditions unions will:

Represent the workers in unresolved OHS issues Act as a mediator in workers’ compensation claims Monitor working conditions Notify employers if unsafe conditions are found


End of Section 1

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Documents

2 3 The three jurisdictions in Australia that have OHS Acts are: Commonwealth State Territory 4