Section 5

Section 5 – OH&S – WH&S - Government Legislation – The legal Framework Assessment Task 5 In this section you will study: The legal Framework Acts Who makes them What do they do Where do they apply When are they enforced Regulations Who makes them What do they do Where do they apply When are they enforced Codes of Practice Who makes them What do they do Where do they apply When are they enforced Standards Who makes them National Standards Australian Standards What do they do When do they apply When are they enforced Laws concerning WH&S and Workers Compensation Acts Regulations Legislation
The WH&S – formerly – the Occupational Health and Safety Government Legislation. The legal framework Australian health and safety law is governed by a framework of Acts, Regulations and support material including codes of practice and standards, as illustrated in the above diagram. Each State/Territory has a central piece of law, the principal occupational health and safety Act. Supporting material outlines how employers in consultation with their employees should approach the management of health and safety at work. This framework is explained in more detail under the following headings: Acts Regulations Codes of Practice Standards Industry Specific Standards/Guidance Notes Acts Who makes them? An Act or Statute is law made by parliament and enforced by government departments. Refer to the contact list for the government department responsible for administering the Health and Safety Act in your State or Territory. What do they do? Health and Safety Acts set out legal rules that govern workplaces to ensure persons in workplaces do not suffer injury or illness. Where do they apply? At any place where people are required to work. A workplace is not necessarily a building. It can be a factory or vehicle or anywhere else defined by the Act as a workplace and can include outdoors. Small Businesses are not exempt from health and safety law. When are they enforced? Not complying with an Act is considered an offence and can result in a fine, or the issuing of either an improvement or prohibition notice. Some States and Territories are able to issue on the spot fines. A breach of an Act does not have to result from an accident or a person being injured at work.
Regulations Who makes them? A Regulation is made under the principal Acts governing occupational health and safety legislation. What do they do? Regulations support a principal Act by outlining how the general obligations of an Act will be applied in a workplace. Regulations are usually made in relation to a particular type of health and safety issue, such as asbestos, first aid, or a dangerous chemical. Not complying with a regulation is considered an offence and can result in a fine, issuing of an improvement or prohibition notice or imprisonment. Where do they apply? Where the principal Act applies. When are they enforced? Like an Act, any section of a Regulation can be breached at any time and a breach does not have to result from a serious accident. Codes of Practice Who makes them? State and Territory Governments are able to approve codes of practice through the powers of the principal occupational health and safety Act. What do they do? They are supporting material additional to Acts and Regulations. They give practical advice and guidance on how to comply with the general obligations set out in the Act and Regulations. Where do they apply? Where the Act and Regulations apply. However, sometimes the guidance provided in a code may only cover specific areas of the principal Act or regulation. When are they enforced? A breach of a code is not by itself a breach of an Act or Regulation. However all codes of practice can be used as evidence in court to demonstrate what an employer should have been doing to comply with the obligations under the Act or Regulations to ensure a safe workplace. Standards Who makes them? There are two main sources of standards relevant to health and safety: National Standards Produced by the National Occupational Health and Safety Commission (NOHSC), in consultation with the State/Territory Health and Safety Authorities, employee unions and employer associations. Australian Standards Produced by Standards Australia, a non-government, non-profit organisatiori that makes standards in consultation with overseas standards bodies and Australian working parties. The working parties comprise employer and employee organisations and representatives from relevant State and Territory government agencies. What do they do? National Standards usually deal with workplace problems such as noise or dangerous working environments. Exposure Standards are guides which are used in controlling exposure to hazardous substances in the workplace. Australian Standards provide technical and design guidance notes. Some standards are directly relevant to health and safety, such as safety and emergency equipment and fire safety standards. Other general standards will contain health and safety provisions. When are they enforced? Standards are only enforceable by law when they are specifically included in a State/Territory health and safety regulation. Laws concerning occupational health and safety and workers compensation: Acts Occupational Health and Safety Act 2000 Dangerous Goods Act 1975 Rural Workers Accommodation Act 1969 Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Act 1987 Regulations Occupational Health and Safety Regulation 2001 Dangerous Goods (General) Regulation 1999 Dangerous Goods (Gas Installations) Regulation 1998 Workers Compensation (General) Regulation 1995 Workplace Injury Management and Workers Compensation Regulation 1999
The Legislation Set out the legal obligations of employers, self-employed persons, employees, controllers of work premises, designers, manufacturers and suppliers in relation to OHS and workers compensation; Set out WorkCover's functions and responsibilities; Describe the legislative objectives and outcomes and set maximum penalties for non- compliance; and Assign WorkCover and its Inspectors various powers to administer and enforce the law.