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New federal workplace laws - what does it mean for employers and employees in NSW?
Occupational Health and Safety (OHS)
Engagement in a work activity can expose employees to the risk of an injury, disease or illness. Every small business employer should effectively manage these occupational health and safety (OHS) risks just as they do for other aspects of their business. The basic aim of effective OHS management is to ensure that such risks are addressed and workers are protected. Like other employers, small business employers are bound to comply with certain statutory obligations under NSW law .
What is the NSW OHS legislative framework?
The OHS legislative framework consists of the following Act and Regulation: This legislation was established following an extensive reform process. The new Act replaced the Occupational Health and Safety Act 1983 and the new Regulation has replaced a number of previous Regulations. WorkCover NSW has produced a wide range of guidance material to assist employers in implementing the Act and Regulation. Of particular relevance to small business employers is the Small Business Safety Starter Kit. What are the general OHS obligations for all employers?
Under NSW law, every employer must observe a general duty of care towards their employees, and others who may be exposed to health and safety risks arising from the conduct of the employer's business undertaking. In addition to the general duty of care, there are a number of obligations required by the Occupational Health and Safety Act 2000 (OHS Act). They include the obligation to: · ensure that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health · ensure that any plant or substance provided for use by the employees at work is safe and without risk to health when properly used · ensure that systems of work and the working environment of the employees are safe and without risks to health · provide such information, instruction, training and supervision as may be necessary to ensure the employees' health and safety at work · provide adequate facilities for the welfare of the employees at work. What are the key issues for small business employers?
The following items represent a number of important OHS issues for employers. For specific guidance on these and other OHS issues (eg. hazardous substances, hazardous processes, licensing etc) employers should refer directly to the Regulation and guidance material available from WorkCover NSW. · Understanding the relationship between the OHS Act, the Regulation, Codes of Practice and guidance material · Requirement to consult with employees on all OHS issues · OHS risk management requirements · Accident and injury reporting · Other safety legislation.
What is the relationship between the Act, the Regulation, Codes of Practice and Guidance Materials?
The OHS Act provides the basis of the law. Obligations set out in the Act are mandatory. The OHS Regulation 2001 contains provisions, which operate in support of the provisions of the Act. The Regulation explains how the requirements under the Act must be complied with. The main requirements are for risk management and consultation as set in Chapters 2 and 3. Other chapters set out requirements directed at particular areas of concern. For example, Chapter 5 of the Regulation focuses on plant safety and it sets out requirements for protecting employees from risks associated with to equipment and machinery hazards. Codes of Practice are practical guides to achieving the standards described in the Act and Regulation. An approved industry Code of Practice should be followed unless there is an alternative course of action that achieves the same or better standard. Other Guidance Material includes a range of material, which has been designed to assist employers with specific issues. These are often described as guides or fact sheets. The Small Business Safety Starter Kit is of general interest to small business employers. This is designed to help them comply with the new OHS legislation in NSW. The kit provides advice on where to start and how to incorporate safety management into business operations. The Small Business Safety Checklist is designed to help you identify the safety risks in your workplace and suggests how to make your workplace safer. What are the requirements to consult with employees on OHS issues?
Consultation between employers and employees is an important ingredient in the development of an effective approach to OHS management. Under the Occupational Health and Safety Act 2000, employers must consult with their employees to enable the employees to contribute to the making of decisions affecting their health, safety and welfare at work. This essential requirement is supported by more specific requirements concerning consultation established by the Occupational Health and Safety Regulation 2001. In support of the Act and the Regulation, there is an OHS Consultation Code of Practice. This code is designed to provide employers with guidance and advice on how to go about arranging and engaging in the kind of workplace consultation that is required under the Act and the Regulation. The Act provides that consultation must be undertaken by one or a combination of the following means: · establishment of an OHS committee · election of one or more OHS representatives · other arrangements agreed by employer and employees. The Act requires an employer to consult with their employees about the consultation arrangements they will set up. OHS committeesAn OHS committee can operate as a convenient and practical forum, which helps to facilitate consultation between an employer and their employees. OHS committees are widely used by large employers. They must be established where an employer employs more than 20 people and a majority of these employees request a committee or when directed to do so by WorkCover. Members of OHS committees are required to undergo specific training in their role. OHS representativesAn OHS representative is required to be elected for the purposes of consultation if at least one employee requests this. More than one OHS representative may be elected if the employer agrees or if WorkCover directs that more than one be elected. An OHS representative can be elected in addition to the establishment of a committee and the representative can be appointed to the committee. OHS Representatives are required to undergo specific training in their role. Other agreed arrangementsConsultation arrangements do not have to be implemented by means of a committee or a representative. Employers may reach an agreement with the employees to consult directly. Other arrangements may also apply in particular industries. What are OHS Risk Management Requirements?
The current OHS framework is founded on modern risk management principles. WorkCover encourages employers to adopt a systematic approach to OHS management and to develop and implement systems, which enable this to be achieved. Under the Regulation, there is a requirement for every employer to manage OHS risks by undertaking a risk management process, which consists of the following measures: · Identification of workplace hazards · Assessment of risks presented by workplace hazards · Eliminate any reasonably foreseeable risk · If it is not reasonably practicable to eliminate the risk, the employer must control the risk The purpose of risk management is to get employers to undertake a logical, practical exercise, which will lead them systematically to appropriate risk-prevention decisions for their business. The Regulation describes the employer's responsibilities in relation to each component of risk management. The Regulation sets out specific risk-control requirements to address certain kinds of workplace hazards. Many small business employers will need to become acquainted with these. A number of WorkCover publications will be of assistance in understanding and implementing risk management. Besides the Small Business Safety Starter Kit and the Small Business Safety Checklist already mentioned, there are also A Guide to Risk Management at Work and the Risk Assessment Code of Practice. What is the procedure for accident and injury reporting?
The accurate recording and timely reporting of workplace accidents is considered to be a key element of an effective system of OHS management. Reliable accident records and reports often provide critical information about the circumstances and causes of accidents and about mitigation or remedial measures that might be appropriate. You must notify your workers compensation insurer within 48 hours of incidents involving an injury to a worker. WorkCover must be notified of certain workplace events and occurrences. This includes accidents, injuries and illnesses in certain circumstances. A register of injuries is also required to be kept by an employer under the Workplace Injury Management and Workers Compensation Act 1998. Clause 341 of the Occupational Health and Safety Regulation 2001 specifies the kinds of events and occurrences that are required to be notified to WorkCover. Under clause 342, the relevant employer is required to give the notification. WorkCover must be notified immediately where a death or serious injury has occurred. Advice about accident notification arrangements can obtained from the WorkCover Assistance Service on 131 050 or at Workcover's website.
What other safety legislation applies?
In addition to OHS legislation, small business employers should be aware of the requirements of the dangerous goods legislation operating in NSW. This includes the following Act and Regulation: · Dangerous Goods Act 1975 · Dangerous Goods (General) Regulation 1999 These requirements govern the containment, storage, keeping and use of dangerous goods of various classes. Certain licensing requirements also apply. Small business employers can obtain information about dangerous goods they might keep on their premises or use in the course of their business, and about the requirements to be complied with, by contacting WorkCover. WorkCover and Small Business: Working together to improve workplace health and safety through risk management DisclaimerWorkCover appreciates that although small businesses are aware of their responsibility to ensure the health and safety of their employees they need clear information and advice to help them to achieve this. From Small business can be assured that where a health and safety problem is identified WorkCover Inspectors will provide advice on how to resolve the problem. They will refer the employer to relevant sources of information and where necessary, will provide them with written information on how to rectify the problem. They will also give the employer time to resolve the problem and will be available to discuss any improvements that must be implemented. Only where there is an immediate risk to health and safety will the Inspector take further action that may result in a penalty or prohibition being imposed. WorkCover will continue to provide advice and information to owners and operators of small business as part of the Small Business Assistance Strategy. The focus of this strategy is to build the capacity of small business to improve health, safety and injury management through applying the principles of risk management. Where to get more information
WorkCover NSW 92 – Telephone: (02) 4321 5000 WorkCover Assistance Service 13 10 50 (local call in NSW) or visit the WorkCover website: www.workcover.nsw.gov.au top |
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Date Created: 18 April 2004 Last Reviewed : 28 November 2004 |
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 ©Office of Industrial Relations, NSW Department of CommerceMcKell Building, 2-24 Rawson Place, Sydney NSW 2000 Phone: 131 628 (anywhere within NSW) Fax: (02) 9020 4700 URL: http://www.industrialrelations.nsw.gov.au |
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