Occupational Health and Safety Legislation

The State and Federal Occupational Health and Safety Acts form a framework that both employers and employees can use to arrive at a workable solution.

This framework fosters a process of consultation and co-operation. The key elements of OHS legislation are:

• Protection for every worker
• Duty of care not to endanger the health or safety of self or others, and resolve OHS issues in a timely manner
• Consultation with workers to discuss the penalties for breaches of the legislation
  

For more information on this topic you might like to visit the following site: http://www.nohsc.gov.au 1. Use the navigation provided, or search, to locate appropriate documents related to National standards, codes of practice and related guidance.

Legislative Focus

The focus of the legislation is performance based. This focus puts the emphasis on achieving outcomes rather than simply following a set of rules prescribed by a government. This in turn allows each workplace the flexibility they need to respond to their individual safety needs.

The legislation provides a general framework so employers can manage their individual OHS needs in consultation with their employees.

In addition to prosecutions and/or on-the-spot fines, inspectors have the authority to either close the workplace until the hazard is fixed, or allow work to continue provided that the hazard is fixed in a certain time. If the hazard is not rectified, the employer may be prosecuted.

Penalties vary between the states, territories and the Commonwealth with fines ranging from $50,000 to $250,000 for companies and $1000 to $50,000 for employees. Serious breaches may also result in imprisonment.

Monitor OHS Legislation

OHS legislation is constantly changing as new laws are passed and current standards are refined and updated. As a manager you are ultimately responsible for ensuring that your team is using current and appropriate work practices. To achieve this it is essential that you keep abreast of the changes and modify your OHS policies and procedures accordingly.

There are many ways of doing this but the most effective is to monitor the government bodies that create and enforce OHS legislation. Using the www site addresses in this program is a good place to start.
This information can be obtained from your:

• Store's OHS Representative or officer
• State Government Departments
• Federal Government
  

For more information on this topic you might like to visit the following site: http://www.nohsc.gov.au 1. Select the Health and safety link. - or - 2. Search for associated publications.

As the store's health and safety policies and procedures should conform to, the OHS requirements, it is important that you have a sound knowledge of the Occupational Health and Safety legislation that applies to your working environment.