Occupational Health and Safety Law

All workers are protected by health and safety laws. These entitle all types of workers (part-time, full-time, casual and self-employed) to work in a safe and healthy environment. The legislation applies to all workplaces and work activities.

• prevent the occurrence of workplace disease or injury
• compensate for work-related illness or injury
• rehabilitate victims of injury or disease.

Occupational Health and Safety Acts
The objective of the Acts (each State or Territory has their own) is to prevent anyone being killed, injured or contracting illness in a workplace.

These Acts provide a framework to prevent injury by:

• imposing obligations on all persons at the workplace
• providing information about management of and exposure to hazards
• promoting consultation through officers, representatives and committees
• enforcement of the Act through inspectors, offences and penalties.

Each Occupational Health and Safety Act is performance based legislation. This means that the Act seeks to improve workplace health and safety by requiring those people who create risks at workplaces to identify, assess and control them. Workers' compensation provides financial benefits for injured workers and their dependents.

State Regulations
Regulations establish more specific legal requirements of work practices that must be followed. In particular, regulations outline how to identify, assess and control specific workplace hazards. Some examples of State regulations include controlling lead exposure, asbestos removal, hazardous substances, spray painting and amenities.

Regulations also deal with administration issues such as registering workplaces, notifying of injury or a dangerous event and the training required for particular occupations. Failure to comply with a regulation may constitute a breach of the Occupational Health and Safety Act.

Advisory Standards
Advisory standards and industry codes of practice provide advice in the management of exposure and risk in the workplace. As their name implies, advisory standards are not legally binding. However, following an advisory standard provides substantial evidence that the employer has upheld their 'duty of care' for that particular hazard. If the employer chooses an alternative risk management strategy, it must (at minimum) be equivalent to the advisory standard or code of practice.

• First Aid in the Workplace
• Hazardous Substances
• Noise
• Confined Spaces.

Obligations and Responsibilities
The Occupational Health and Safety Act imposes obligations on every person to ensure their own health and safety and that of others.

Employer Obligations
Employers are obliged to ensure the health and safety of themselves, each of their workers and 'others' such as visitors or members of the public. To do this, the employer must provide:

• a safe environment
• safe methods of doing work
• safe and properly maintained machinery, equipment and substances
• training, information and supervision of employees to enable them to work safely
• information about employees' health and safety obligations
• personal protective equipment (if it is needed).

In particular, induction training should introduce new employees to workplace procedures. Workplace procedures may be formally documented or communicated verbally to all employees. Examples of procedures include:

• job procedures and work instructions
• emergency response and evacuation
• information about general and specific workplace hazards
• health and safety consultation and participation
• how to identify, assess and control hazards
• reporting of hazards to designated personnel
• safety personnel such as OHS representatives and OHS officers
• how to correctly use personal protective equipment (PPE)
• how to resolve health and safety issues
• what to do when injured.

Following induction training, employers should continue to provide health and safety training, information and supervision. This would involve notifying employees of procedural changes, assessing if workers have attained health and safety competencies, correcting any behaviour that may cause harm and ensuring workers follow safe working practices.

Employee Obligations and Responsibilities
The OHS Act outlines the obligations of workers (and others) at the workplace. Workers must:

• follow all health and safety instructions and procedures given by the employer
• wear protective equipment as instructed
• not endanger themselves or others.

Employees can further avoid injury by reporting hazards, incidents and 'near misses' to their supervisor. Remember, when in doubt, ASK your supervisor.