Workplace Occupational Health, Safety and Security Vocational Education and Training Training Toolbox Series Work Studies NSW Work Studies Course Workplace Occupational Health, Safety and Security Section 1

Health and Safety Laws, Regulations and Codes of Practice Workplace Occupational Health, Safety and Security Health and Safety Laws, Regulations and Codes of Practice

Table of Contents Workplace Occupational Health, Safety and Security Section 1 – Health and Safety Laws, Regulations & Codes of Practice   OHS Laws Slide - 04 Employers’ Duty of Care Slide - 06 Employee’s Responsibility Slide - 07 OHS Regulations Slide - 08 Powers Under the OHS Acts Slide - 09 Notices, Enforcements and Penalties Slide - 10 Codes of Practice Slide - 12 Licenses and Permits Slide - 13 SafeWork Australia Council   Slide - 15 Role of SafeWork Australia Council Slide - 16 Standards and Guidance Notes Slide - 17 State and Territory Offices Slide - 18 Worker’s Compensation Slide - 19 Roles of Unions in Workplace Safety Slide - 20

OHS Law Workplace Occupational Health, Safety and Security The three jurisdictions in Australia that have OHS Acts are: Commonwealth State Territory 

OHS Law Workplace Occupational Health, Safety and Security OHS Acts have the following common requirements: To promote occupational OHS in the workplace Provide systems of work that are safe and without Take steps to prevent workplace injuries and diseases Take steps to protect the health and safety of the public Provide rehabilitation and maximum recovery

Employers’ Duty of Care Workplace Occupational Health, Safety and Security Employers’ Duty of Care An employer’s ‘Duty of Care’ include many rights and responsibilities such as:   Provision and maintenance of safe equipment and systems Safe work processes in line with equipment and substances A safe working environment Adequate employee welfare facilities Information and training on workplace hazards Monitoring the health of their employees and record keeping Employment of qualified persons to provide OHS advice Management personnel monitoring conditions Duty of Care

Employee’s Responsibility Workplace Occupational Health, Safety and Security Employee’s Responsibility Areas that are under the control of the employee include:   Undertaking training when requested   Confirming their understanding of hazards   Use any personal protective equipment   Following emergency procedures   Learning to identify any unique hazards in the workplace   Reporting unsafe or unhealthy conditions   Following the rules related to alcohol and drug use   Understanding the required actions when injured at work

OHS Regulations Workplace Occupational Health, Safety and Security An OHS regulation may:     Deal with detailed administrative matters   Prohibit exposure to risk   Prescribe ways to prevent or minimise exposure to risk 

Powers Under the OHS Acts Workplace Occupational Health, Safety and Security Powers Under the OHS Acts Powers granted to OHS inspectors include:   Entering a work place without a warrant   Conducting inspections and investigations   Conducting interviews and making inquiries   Taking photographs, recordings, measurements or samples   Gathering information, examining and copying documents   Enforcing compliance by issuing notices  

Notices, Enforcements and Penalties Workplace Occupational Health, Safety and Security Notices, Enforcements and Penalties The five types of notices inspectors can issue are:   Improvement Notice   Prohibition Notice   Direction Not to Disturb   Infringement Notice   Notice of Prosecution Action   1 2 3 4 5

Notices, Enforcements and Penalties Workplace Occupational Health, Safety and Security Notices, Enforcements and Penalties To avoid any notices, fines or prosecution the following must be done:     Employers must support their managers in achieving OHS   Managers must support their supervisors in achieving OHS   Allow employees to raise health and safety issues Follow up on raised issues Ensure that employees are trained in OHS Ensure employees are provided information on OHS Employees must cooperate with management in OHS

Codes of Practice Workplace Occupational Health, Safety and Security Codes of Practice are developed to advise employers of acceptable compliance to OHS laws and regulations. They are developed by:     Industry groups   Employer groups   Unions Government

Workplace Occupational Health, Safety and Security Licenses and Permits Licenses or permits may be required for:     The preparation or mixing of hazardous goods or substances   The use of hazardous goods or substances   The storage of hazardous goods or substances   The transportation of hazardous goods or substances   The discharge of production facility wastewater   The disposal of solid hazardous waste   The use of land or water sources   The use of certain machinery or equipment   Processing emissions   Hazardous processes/operations to the community Hazardous processes/operations to the environment

Licenses and Permits Terms and Conditions Workplace Occupational Health, Safety and Security Licenses and Permits Terms and conditions of licenses or permits may include:     Monitoring requirements Training requirements Reporting requirements Inspections Compliance statements Terms and Conditions

Safe Work Australia Council Workplace Occupational Health, Safety and Security Safe Work Australia Council The Council consists of the following members:      Chairperson   One member who represents the Commonwealth    Eight members representing a different State or Territory   Two members representing the interests of workers   Two members representing the interests of employers   A Safe Work Australia CEO

Role of Safe Work Australia Council Workplace Occupational Health, Safety and Security Role of Safe Work Australia Council The Council has the following functions:      Develop national policy relating to OHS Develop national policy relating to workers’ compensation   Develop policies dealing with the compliance of OHS laws Develop policies for the enforcement of the OHS laws    Raise national awareness of OHS and workers’ compensation

Standards and Guidance Notes Workplace Occupational Health, Safety and Security Standards and Guidance Notes The four types of OHS standards are:     Standards developed internally   Standards developed by industry groups   The National Standards   Australian Standards Standards Guidance Notes

State and Territory Offices Workplace Occupational Health, Safety and Security State and Territory Offices Each State and Territory has government office that regulates and enforces OHS laws.

Workers’ Compensation Workplace Occupational Health, Safety and Security Workers’ Compensation Worker’s compensation insurance provides injured workers payments for: Loss of income while injured Medical expenses Rehabilitation expenses Re-training expenses

Roles of Unions in Workplace Safety Workplace Occupational Health, Safety and Security Roles of Unions in Workplace Safety If informed of unsafe practices or conditions unions will:     Represent the workers in unresolved OHS issues   Act as a mediator in workers’ compensation claims   Monitor working conditions Notify employers if unsafe conditions are found

Workplace Occupational Health, Safety and Security End of Section 1