Occupational Health and Safety

SRXOHS001B & SRXOHS002B

Presented by:

Deb Moloughney

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Types of Laws

• Legislation:– Victorian:

• Occupational Health and Safety Act 2004– Commonwealth

• Occupational Health and Safety (Cwlth Employment) Act 1991– Others:

• Transport of Dangerous Goods Acts• Public Health Acts• Environmental Protection Acts• Construction Safety Acts• Workers Compensation Acts

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Types of Laws

• Regulations:– Each Act also has regulations that apply to it– Regulations normally relate to particular Health and Safety

Issues such as First aid or dangerous chemicals– Codes of Practice & Standards– OHS Codes and standards are generally practical guides for

businesses to follow to comply with OHS Legislation and regulations

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• The intention of the OHS act is to ensure that employers protect the health and safety of employees and that employees are involved in workplace decision making

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• A worker can be full-time, part-time or casual. A worker may be a person: 

– who applies for WorkSafe Injury Insurance – who has entered into or works under a contract of service

(including a domestic servant or an outworker) – apprenticeship or otherwise with an employer and under that

contract does manual labour, clerical work, or otherwise – person who is deemed to be working under a contract of service – person who is deemed to be a worker – pupil attending a school who is employed under a work

experience arrangement – student of a TAFE provider who is employed under an

agreement – person who is directly employed by one employer but contracted

to work with another (such as through an agency)

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Duty of Care

• Duty of care requires everything ‘reasonably practical’ to be done to protect the health and safety of others at the workplace. This duty is placed upon:

• All employers• Their employees• Any other who have influence on the hazards in the workplace

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• Employer (s 21)

• “must provide & maintain so far as ‘reasonable practicable’ a working environment that is safe and without risk to health”

• Employee (s 25)

• “an employee must take reasonable care for his or her own health and safely, and for the health and safety of persons who may be affected by the employees acts or omissions at the work place”.

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Defining Reasonably Practicable

• Employer must consider all of the following four points:

1. Severity of the hazard

2. Knowledge about the hazard and ways to control it

3. Availability and suitability of control measures and their practicality

4. Cost of controlling the hazard

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How does the employer provide you with a working environment that is safe

and without risks to health?

1. Working areas and surfaces are in good condition

2. Plant and equipment in good condition

3. Safe systems of work

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How does the employee take reasonable steps to ensure that they are working safely and without risk to

health?

• Be responsible for your actions• Use correct tools and work methods• Use safe systems of work

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EMPLOYERS’ LEGAL RESPONSIBILITIES

• Victorian legislation requires employers to reduce the risk of injury and other health risks.

• They need to ensure that:

1. Their systems are safe

2. Supervision is adequate

3. Information on hazards, education and training is provided

4. There is access to well maintained protective equipment

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PENALTIES

• Penalties for breaches of the Occupational Health & Safety Act 2004 were substantially increased. The maximum penalties are now $943,290* for companies and $188,658* for individuals.

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OHS Management Process

1. Hazard identification

2. Risk assessment

3. Risk Control

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