Chapter 12 Occupational health and safety
Upon completion of this chapter you should be able to:
INTRODUCTION
The legislative framework at Commonwealth, state and territory levels provides for the various systems of occupational health and safety regulation. The legislation is set out in Table 12.1.
Table 12.1 Occupational health and safety legislation
Commonwealth | Occupational Health and Safety (Commonwealth Employment) Act 1991 |
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ACT | Occupational Health and Safety Act 1989 |
NSW | Occupational Health and Safety Act 2000 |
NT | Work Health Act 1991 |
QLD | Workplace Health and Safety Act 1995 |
SA | Occupational Health, Safety and Welfare Act 1986 |
Tas | Workplace Health and Safety Act 1995 |
Vic | Occupational Health and Safety Act 2004 |
WA | Occupational Safety and Health Act 1984 |
It is worthy of note that in 2008, an inter-governmental agreement for Regulatory and Operational Reform in Occupational Health and Safety was signed between the federal, state and territory governments. While the present laws are based on similar underlying principles, it was recognised that there were still differences between the jurisdictions in the details and application of these laws. The Council of Australian Governments agreed to work to harmonise occupational health and safety legislation according to the principles and processes outlined in the document.
OBLIGATIONS AND RESPONSIBILITIES OF THE EMPLOYER
The employer is obliged to identify and control any risks to safety that are, or may be, present in a workplace. That is, the legislation imposes a positive and proactive obligation on the employer to identify hazards, and then to undertake a risk analysis with the aim of eliminating or controlling hazards in the workplace. In pursuit of this objective, employers in all jurisdictions have access to authorities established to assist in the development of codes of practice that aim to provide safe working environments.[5] A failure by an employer or self-employed individual to abide by such a code may be used as evidence of a failure to provide a safe system or safe place of work. Codes of practice and national standards are also provided by the Australian Safety and Compensation Council (ASCC), which was established under the Australian Workplace Safety Standards Act 2005 (Cth). It should be noted however, that these codes are advisory documents only and do not carry any legislative or regulatory force. The ASCC has, as part of its membership, representatives from the federal, state and territory governments together with representatives from employer and employee organisations.
OBLIGATIONS AND RESPONSIBILITIES OF EMPLOYEES
Should an employee become aware of an imminent threat to their health and safety, or the health and safety of others, they have a duty to take reasonable measures to ensure both their safety and the safety of others. In such circumstances an inspector may also order the cessation of work. (For information on inspectors see the section under ‘Compliance’ in this chapter.)