Occupational health and safety obligations

Currently, the Australian Safety and Compensation Council (ASCC) is responsible for dealing with OHS at a national level. Performance is measured through the National OHS Strategy 2002-2012.

The five priorities identified by the National Strategy to achieve short and long-term OHS improvement and to nurture longer term cultural change are to:

-  reduce the impact of risks at work

- improve the capacity of business operators and workers to manage OHS effectively

-  prevent occupational disease more effectively

-  eliminate hazards at the design stage; and

-  strengthen the capacity of government to influence OHS outcomes.

Implementation of a national OHS model, we hope will lessen the burden on employers and provide a safe workplace. However, in the meantime, employers must take note that they have a legal obligation and a moral obligation of good practice when providing guidance to employees with respect to safety in the workplace. You are legally obliged to provide a healthy and safe environment and encourage staff to be aware and maintain safe practice within the workplace.  It is good practice to create policies and procedures and it is essential that employers, business owners, managers and company directors familiarise themselves with the company’s policies and procedures.

GOOD PRACTICE

WorkCover has identified that an essential practice to develop and maintain a safe working environment is to encourage both those at a senior level as well as employees to partake in training programs, both formally and informally. These programs are available through employee organisations, unions, health and safety organisations, TAFE colleges and private occupational health and safety consultants. To ensure the training effectiveness, the skills should then be utilised in the workplace and those at a management level should endeavor to train staff. 

No matter how large or small your business, everybody needs some training in health and safety matters and the policies and procedures of your particular business. The employee’s training should start with induction training. The employer is responsible for ensuring that a new employee is given induction training and has the skills and knowledge to work safely. The induction training should include information such as:

· Hazards at work,

· How to interpret safety signs and information,

· Fire and emergency procedures,

· First aid procedures,

· Reporting procedures,

· Dealing with specific equipment, and

· How to get involved in health and safety.

In most workplaces, the owner, supervisor or experienced worker will provide this training. It is essential that the induction training is properly recorded and that all records are kept.

The records should include the name of the person who received the induction and health and safety training, dates and times of when the training took place, specific details of what occurred during the training, how long the training session lasted, and how the training was assessed. 

ASSESSING TRAINING NEEDS

To minimise their risk of liability, it is essential that employers, business owners, managers, supervisors and company directors are aware of their legal obligations to provide a safe workplace to ensure that employees are given ongoing training. Training needs analysis to ensure it is relevant to the job and to the changing needs of the workplace. WorkCover suggests conducting a health and safety training needs analysis to ensure that the right type of training is being provided.

In your analysis of the workplace, you should consider the following:

· Analyse the workplace,

· Assess the current approach to health and safety at work,

· Analyse the specific jobs,

· Forecast any possible job changes,

· Delegate responsibilities to appropriate supervisors or managers,

· Create responsibilities of supervisors, and

· Create a handling system for health and safety procedures.

It should be noted that the obligations discussed above extend to employees too. Under the OHS Act, a worker must take reasonable care for the health and safety of co-workers who may be affected by their actions and are obligated to cooperate with their employer in performing tasks that they require in order to ensure a safe workplace. The scope of the responsibility on the employee includes ensuring that their actions do not pose a risk to other employees, that they use and maintain machinery and/or equipment properly and ensure that work areas are free from hazards known to them. It is essential that employees notify supervisors of potential risks and adhere to instructions on the prescribed safety equipment and following health and safety instructions. Often, employees are required to sign off on a company OHS policy and procedures manual which clearly explains to the employee or the contractor their obligations and rights, signing off to commit to the system.