1. 1. Law and WHS Introduction to Workplace Health and Safety
2. 2. The Final Word The Act that we shall focus on in this unit is the Occupational Health and Safety Act 1984. Did all states move to the new Act then? No. Victoria and WA decided to continue with their own laws. All other states and territory transitioned to the new WHS Act. So is there a federal law? Yes. WHS Act 2011 was enacted in order to bring about harmonization and standardization across Australia and was developed such that it could be a model law to be enacted across all states. State or Federal Laws? Workplace Health and Safety is a state subject. This means that the states create and enforce laws on workplace health and safety. For instance: WA enacted Occupational Health and Safety Act 1984 to govern workplace health and safety in the state. What is the Law About ? We spend a significant part of our waking lives in the workplace and therefore it is important that there are standards in place to protect and safeguard lives. The laws help define and set up those standards. 5 4 3 2 1 An Introduction to the Legal Framework
3. 3. WHS Legislative Framework in WA WHS Framework in WA Occupational Health and Safety Act 1984 Mines Safety and Inspection Act 1994 Petroleum and Geothermal Energy Resources Act 1967 Petroleum Pipelines Act 1969 Petroleum (Submerged Lands) Act 1982 Dangerous Goods Safety Act 2004 Between these six acts and associated regulations, Organisations operating in WA comply with Workplace Health and Safety requirements. A review is currently underway to evaluate if there can be a unified WHS legislative framework to reduce complexities of multiple acts and multiple regulators.
4. 4. Occupational Health And Safety Act 1984 An Act to promote and improve standards for occupational safety and health, to establish the Commission for Occupational Safety and Health, to provide for a tribunal for the determination of certain matters and claims, to facilitate the coordination of the administration of the laws relating to occupational safety and health and for incidental and other purposes
5. 5. 3. Guidance Notes. Guidance notes provide guidelines on risk and hazard management for employers and workers. Guidance notes are non enforceable as well and provide the best practices approach to help comply with the act and the regulations. 2. Codes of Practice Codes of practice provide practical guidance on how to comply with the requirements of the Act and the Regulations It is non enforceable and acts as a best practice guide. Organisations can and should strive to develop better practices over the prescribed codes of practice 1. Occupational Safety and Health Regulations 1996 The regulations set minimum requirements for specific hazards, work and administrative practices The regulations are enforceable and add teeth to the Act For e.g. Regulations provide details on Introductory and Transitional Courses and Entitlements for Safety and Health and Representatives ( Part 2, Sec 2.2) What Goes Along with the Act?
6. 6. OSH Act 1984 Key Sections The OSH Act comprises of Eight Parts Between these eight parts the Act covers the following aspects of work health and safety Establishment of Commission of Occupational Safety and Health General provisions relating to Occupational Safety and Health Election of Safety and health representatives and committees and their responsibilities and rights Appointment of Inspectors and their powers Issue of Improvement and Prohibition notices by Inspectors, Role of Safety and Health Magistrates and Occupational Safety and Health tribunals Legal Proceedings and Miscellaneous provisions The Act is currently under review and a new Bill Work Health and Safety Bill 2014 is expected to be presented to the legislature for approval and enactment soon.
7. 7. OSH Regulations 1996 Key Sections The OSH Regulations comprise of seven parts These seven parts and their individual divisions between them provide detailed regulations on areas such as Workplace safety requirements relating to issues such as evacuation procedures, warning signs, first aid et. al. Specific regulations relating to plant and machinery Specific regulations relating to handling and storage of hazardous substances Regulations relating to performance of high risk work and Regulations concerning repeals savings and transitional arrangements
8. 8. Using Regulations and Codes of Practice To meet the workplace health and safety obligations under the act, the organisation is expected to use the regulations and the codes of practice Where there is regulation about a risk, the organisation must follow the regulation Where there is a code of practice about a risk the organisation must follow The code or Adopt and follow procedures that offer the same level of protection or better If there is no regulation the organisation must choose a way that offers reasonable precautions and adequate protection. Ignoring the risk is not an Option!