On 18 June 2017, the Occupational Health and Safety Regulations 2017 (OHS Regulations 2017) replaced the Occupational Health and Safety Regulations 2007 (OHS Regulations 2007), which expired on this date. This publication has not yet been updated to reflect the changes introduced by the OHS Regulations 2017 and should not be relied upon as a substitute for legal advice.

Information on the key changes introduced by the OHS 2017 Regulations can be found in

the guidance titled Occupational Health and Safety Regulations 2017: Summary of changes

- available at https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0011/207659/ISBN-

OHS-regulations-summary-of-changes-2017-04.pdf. However, this guidance document

contains material of a general nature only and is not to be used as a substitute for obtaining

legal advice.

3.1 Responsibilities under the OHS Act 2004

Planning to reduce risks can only be undertaken when each person with OHS responsibilities does all that is ‘reasonably practicable’ to meet them.

The level and nature of responsibilities is related to the extent of control a person exercises over activities that impact on OHS and what is reasonably practicable.This means that what has to be done is based on what is known, or should be known, about the hazards and risks and how much control is exercised over the activity that creates the hazards and risks.

The most frequently referred to duty in the Industry Standard is the employer duty. Under s. 21 of the OHS Act 2004 an employer has a broad duty or responsibility to provide and maintain, so far as is reasonably practicable, a safe and healthy working environment for its employees.

3.2 What does ‘reasonably practicable’ mean?

When determining what is reasonably practicable, a duty holder must have regardto the following:

• The likelihood of hazards and risks eventuating

• The degree of harm that would result if the hazard or risk eventuated

• What is known, or ought reasonably be known, about hazards and risks and ways of eliminating or reducing them

• The availability and suitability of ways to eliminate or reduce hazards and risks, and

• The cost of eliminating or reducing hazards and risks.

Reasonably practicable also takes into account the state of knowledge about the risk and the availability and suitability of ways of eliminating or reducing it. There is much available information on hazards and risks that will assist duty holders to establish what is reasonably practicable (e.g. WorkSafe guidance, industry guidance).

When taking into account the cost of eliminating hazards or risks, this does not mean risks should only be controlled if you can afford it, but rather that risks must be controlled unless the cost is grossly disproportionate to the benefi ts of risk reduction.

All the elements of ‘reasonably practicable’ have to be considered together in order to make decisions.

The OHS responsibilities of the major parties in the supply chain are described in the following pages.

The forest operations supply chain involves longer term and operational planning as well as the specifi c timber harvesting and haulage activities thatend in product being deliveredto customers.

Successful management ofOHS risks requires everyonein the supply chain to playtheir part. Everyone’s broad responsibilities are describedin the OHS Act 2004.

The forest operations supply chain involves longer term and operational planning as well as the specifi c timber harvesting and haulage activities thatend in product being deliveredto customers.

Successful management ofOHS risks requires everyonein the supply chain to playtheir part. Everyone’s broad responsibilities are describedin the OHS Act 2004.

WorkSafe Victoria Industry Standard / Safety in Forestry Operations Harvesting and Haulage 5

OHS responsibilitiesin the supply chain

3.

SAFEAREA

LAN EDGE

SAFEAREA

LANDING EDGE

WorkSafe Victoria

Advisory Service

222 Exhibition StreetMelbourne VIC 3000

Tel 03 9641 1444Toll-free 1800 136 089Email info@worksafe.vic.gov.au

Head Offi ce

222 Exhibition StreetMelbourne VIC 3000

Tel 03 9641 1555Toll-free 1800 136 089Website worksafe.vic.gov.au

Local Offi ces

Ballarat 03 5338 4444Bendigo 03 5443 8866Dandenong 03 8792 9000Geelong 03 5226 1200Melbourne (628 Bourke Street) 03 9941 0558Mildura 03 5021 4001Mulgrave 03 9565 9444Preston 03 9485 4555Shepparton 03 5831 8260Traralgon 03 5174 8900Wangaratta 03 5721 8588Warrnambool 03 5564 3200

VWA1098/02/08.07