What does it all mean?
In simple terms, workplace health and safety aims to promote and secure the safety and health of people at work by getting rid of, reducing or controlling hazards in the workplace.
It is based on the following four principles:
Protection for every worker.
A duty of care and responsibility for safety.
Consultation by means of committees or safety representatives discussing and resolving workplace health and safety issues.
Penalties in the way of fines for not following workplace health and safety legislation.
These principles are controlled by laws that differ from state to state. In Western Australia, for example, these principles are regulated by the following:
Occupational Safety and Health Act 1984
Occupational Safety and Health Regulations 1996
They are also supported by codes of practice and guidance notes. These laws tell the employer and the employee what their responsibilities are when it comes to workplace health and safety.
If an injury or accident occurs at work because either the employer or employee have failed to understand or follow these laws, then penalties such as fines could be imposed.
1. An employer shall provide and maintain a work environment in which the employees are not exposed to hazards (as far as practically possible).
This can be achieved by:
providing and maintaining the workplace so that the employees are not exposed to hazards (if practical)
providing personal protective clothing and equipment to employees if there is a need for them to work in a hazardous environment
providing information, instruction, training and supervision to the employee to enable them to work in an environment and not be exposed to hazards
consulting and working with safety representatives and employees with regard to OHS in the workplace.
2. Notify the commissioner of any workplace injury that resulted in time off or the death of an employee.
3. If an employer hires a contractor to carry out work then the contractor and any of their employees are deemed to be employees of the employer.
4. If an employer fails to protect the employees they will be in breach of the law and liable for a fine of up to $100 000.
5. If an employer fails to protect the employees and as a result causes the death of, or serious harm to an employee they will be in breach of the law and liable for a fine of up to $200 000.
6. If an employer fails to notify the commissioner of a workplace injury as stated in section 2 they will be in breach of the law and liable for a fine of $25 000.
1. An employee shall take reasonable care to ensure their own safety and health at work and that of any other person in the workplace.
2. An employee will be in breach of the OHS act if they:
fail to comply with instructions given to them by their employer with regard to OHS in the workplace
fail to use protective clothing and equipment provided by the employer as instructed
misuse or damage equipment provided for safety and health in the workplace
fail to report any situation that they believe to be a hazard or an injury occurring at the workplace.
3. An employee shall cooperate with their employer in matters relating to OHS in the workplace.
4. If an employee fails to carry out any of the above (1– 3) they can be liable for a fine of up to $10 000.
5. If an employee fails to carry out any of the above (1–3) and this causes the death of, or serious injury to another person they can be liable for a fine of up to $20 000.
Each state or territory in Australia has its own workplace health and safety laws. These laws are produced and regulated by state or territory government groups that are responsible for safety issues. These organisations include:
South Australian Workcover Authority
Northern Territory Work Health Authority
Queensland Division of Workplace Health and Safety
Always check the workplace health and safety legislation of your state for more detail about the specific laws that affect your workplace.