Occupational Health and Safety
Occupational health and safety law has developed in Australia to provide greater work place protection. The principles of work place health and safety are enshrined in legislation within each Australian State and Territory. Employers have substantial duties under these laws to ensure the safety of people in the workplace, and substantial fines can be imposed for inadequate attention to workplace safety.
There are legislations at both Commonwealth and State levels regulating the issue. The major Commonwealth legislations are:
- Australian Workplace Safety Standards Act 2005 for the making of occupational health and safety standards, and for related purposes
- Australian Workplace Safety Standards Regulations 2005 which set out the particulars relating to publication and consultation requirements to be met by the Australian Safety and Compensation Council when declaring national standards and codes of practice
- Occupational Health and Safety (Commonwealth Employees) Act 1991 to secure the health, safety and welfare at work of employees of the Commonwealth and of Commonwealth authorities; and to protect persons at or near workplaces from risks to health and safety arising out of the activities of such employees at work
- Occupational Health and Safety (Maritime Industry) Act 1993 to promote the occupational health and safety of persons employed in the maritime industry, and for related purposes
- Road Transport Reform (Dangerous Goods) Act 1995 to make provision for safety in the transport of dangerous goods by road as part of the system of nationally consistent road transport laws.
- Safety, Rehabilitation and Compensation Act 1988 for the rehabilitation of employees of the Commonwealth and certain corporations and to workers’ compensation for those employees and certain other persons, and for related purposes
There are similar legislations at the State level. All legislations make provision for worker representation principally through the institutions of health and safety representatives and committees. The provisions vary from State to State. All the legislations provide for health and safety committees, comprised of employer and employee representatives.
There are special Courts and Tribunals set up to implement these legislations at the Commonwealth and State levels.
