Occupational health and safety obligations

Business owners, company directors, managers and supervisors all need to be aware of their occupational, health and safety (OHS) obligations. As the Federal Government begins a review of Australia’s OHS legislation, we tell you everything you need to know to keep your staff safe.

Under OHS legislation you are obliged to provide: 

·         Safe premises

·         Safe machinery and substances

·         Safe systems of work

·         Information, instructions, training and supervision

·         A suitable working environment and facilities.

If you do not comply with these requirements you can be prosecuted and fined.

The reality is, however, that more than 120,000 workers compensation claims are made each year, with more than 200 fatalities reported per year resulting from work-related injuries. This is totally unacceptable. When an employee goes to work, their family expects that they will return home safely at the end of the day.

Although some employers believe that the current OHS obligations are both time consuming and costly, they are however essential.

The Federal Government announced on 4 April 2008, that a panel will be convened to undertake a national review into OHS laws. The Government believes that by harmonising OHS laws they will cut the red tape, boost business efficiency and provide greater certainty and protection for everyone in the workplace

The review panel responsible for reporting to work place relations minister counsel, conducts a review in two stages. The first stage is to report to the work place relations minister counsel on 31 October this year and provide recommendations in the following areas:

• ·  Duties of care, including the identification of duty holders and the scope and limits of duty, and
• ·  The nature and structure of offences, including defences.

Stage 2 recommendations are due on 30 January 2009 and the panel must make recommendations on the content of a model OHS Act, on the following areas:

• ·  Scope and coverage, including definitions
• ·  Workplace-based consultation, participation and representation provisions, including the appointment, powers and functions of health and safety representatives and/or committees
• ·  enforcement and compliance, including the role and powers of OHS inspectors, and the application of enforcement tools including codes of practice
• ·  regulation making powers and administrative processes, including mechanisms for improving cross-jurisdictional cooperation and dispute resolution
• ·  permits and licensing arrangements for high risk work and the use of certain plant and hazardous substances
• ·  the role of OHS regulatory agencies in providing education, advice and assistance to duty holders, and
• ·  other matters the review panel identifies as being important to health and safety that should be addressed in a model OHS Act.

CURRENT LEGISLATION

Currently in New South Wales, the Occupational Health and Safety Act 2000 (OHS Act 2000) aims to eliminate or minimise the risk of injury and illness from hazards in the workplace. Employers and business owners have an obligation under the OHS Act and common law, to ensure that people are not exposed to risks to their health and safety at their workplace.

At the minimum, section 8(1) of the Act stipulates that employers must provide safe premises, safe machinery and substance, safe systems of work, informative instruction, training and supervision, and suitable working environment and facilities. The obligations extend to people other than workers, who may be present at the workplace, including contractors.

The burden is extended on company directors, managers and supervisors by section 26 of the Act, who too must ensure a safe workplace and supervision to areas within their direct control.

In reality, many company directors are not aware of the day-to-day management of a business, but this is not a defence. A company director will be liable for conventions of the OHS Act unless they can demonstrate that they were not in a position to influence the conduct of the corporation, or they had used due diligence.