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Occupational health and safety law Chapter 23

Introduction Occupational health and safety law (OHS law) is one of the principal sub-sets of employment law in Australia. This body of law defines the rights and obligations of employers, employees and third parties relating to health, safety and welfare in workplaces. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Objects of occupational health and safety law Secure the health, safety and welfare of persons at work. Protect persons at work against risks to health or safety. Assist in securing safe and healthy work environments. Eliminate, at the source, risks to health, safety and welfare of persons at work. Provide for the involvement of employers, employees and associations in the formation and implementation of health and safety standards. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Statutory design of occupational health and safety law Statute-based law The constitution does not confer a specific power upon the Commonwealth, so primary responsibility lies with the state parliaments. Each state has its own OHS legislation. As a result there are 9 separate OHS systems. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Relationship of OHS law with other laws Common law contract and tort law are related to OHS law Criminal law many statutes create offences in relation to conduct that renders an offender liable to prosecution by state OHS statutes contain criminal offences for certain breaches Employment and workplace relations law OHS law regulates one aspect of the relationship between employers and employees and is a sub-set of employment and workplace relations law. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Major features of OHS law Key concepts Health, safety and welfare The workplace Employers Employees Independent contractors Occupiers Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Who owes the statutory duties? As a general rule the following parties owe legal duties to employees under Australian OHS law: Employers Employees Members of the public at a workplace Manufacturers, suppliers and importers of plant and substance Installers and designers of plant Occupiers and persons in control of a workplace Self-employed persons Independent contractors Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

General duties of employers To provide, maintain and ensure, so far as practical, a safe working environment, without risks to the health of employees. To ensure people (other than employees of the employer) are not exposed to health or safety risks arising from work being undertaken. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Specific duties of employers To provide and maintain safe plant and systems of work that minimise health risks. To ensure that plant and substances are used, handled, stored and transported safely. To give employees whatever information, training and supervision is necessary. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Principal duties of employees To co-operate with their employer or any other person to fulfill requirements imposed in the interests of safety and health. To use equipment in a safe and proper manner and in accordance with the employer’s instructions. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Enforcement of OHS law Prosecution Penalties Prison terms for serious offences Improvement and prohibition notices Administering organisations Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

Specialist OHS law Our system of OHS law contemplates that a secondary source of law exists on specialist matters These are contained in: OHS Regulations OHS codes of practice and guidance material Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham

National OHS law and policy Australia has extensive, multiple legislative systems of OHS laws. The process of developing and reviewing law and policy in this area is challenging. The National Occupational Health and Safety Commission is the principal national policy-making body for OHS in Australia. In 2002 all governments, with employer and union representatives, developed and adopted the National Occupational Health and Safety Strategy 2002–2010. Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron Slides prepared by Simone Bingham