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o understand and list the main parts of the Occupational Health and Safety (OHS) legislation in NSW

Aim

The aim of this unit is to provide students with an overview of the NSW legislation that protect workplace health and safety, and how it impacts on the management of health and safety in the workplace.

Outcomes

On completion of this unit of work, students will be able to:

• understand and list the main parts of the Occupational Health and Safety (OHS) legislation in NSW
• understand and explain to whom the OHS legislation applies
• understand and explain the roles and responsibilities of employers in regards to occupational health and safety
• understand and explain the roles and responsibilities of the employees and others in regards to occupational health and safety
• understand the need for OHS management systems in the workplace

• understand the role of WorkCover inspectors

Unit outline

Poor workplace health and safety affects the individual, the workplace and the

community. Many of the effects of injury or illness are not fully recognised and range

from minor inconvenience through to major consequences. Some of the effects include:

• injury, disease, death
• pain and suffering
• changes to lifestyle
• financial problems
• psychological impact of injury/illness
• low workplace morale
• absenteeism
• reduced or poor productivity
• poor corporate image
• high compensation costs
• community costs.

(Source: Background Information: Workplace Health And Safety, WorkCover NSW)

Governments throughout the world have developed legislation to protect the rights of workers. Governments have seen the need to establish legislation to provide a healthy and safe workplace in order to reduce the number of injuries and death that have occurred in the past.

Improved occupational health and safety can lead to improved productivity and a better working experience for all workers.

Statistics collected by insurers and submitted to WorkCover show that young workers between the ages of 15 and 25 are being hurt on the job every day. Young workers generally lack experience and are generally unfamiliar with workplace procedures.  

For young workers, employers must provide information and training about work hazards and safe work practices that give consideration to young people’s age and experience.

Workers greatest at risk in the workplace include:

• Young workers - people under the age of 25
• New workers including people who are:
  • entering the workforce for the first time
  • employed for less than 12 months
  • re-entering the workplace
  • transferring to a new job
  • Male employees

Young workers at risk

Young workers and new employees often have a greater chance of being injured at work.

A variety of factors may contribute to this higher risk factor:

• lack of experience
• eagerness to please
• lack of training in Occupational Health and Safety
• lack of supervision

In NSW in 2000/2001

• 13 workers under the age of 25 were killed in the workplace. All of these workers were male. This represented 9% of all fatalities. Of these, seven were killed by vehicle accident

• approximately 7,500 workers under the age of 25 were injured.

Some of these injuries were minor, allowing rapid return to work. Others were major and more incapacitating. Some of the young people will never be able to go to work again!

(Source: Statistical Bulletin 2000/2001, WorkCover NSW)

Why are young workers greater at risk?

• One of the contributors to accidents and injury of young people in the workplace is inexperience.
• Young workers are not always aware of the range of physical, environmental, chemical and biological hazards in their new working environment.
• Their knowledge of health and safety rights and responsibilities will often be inadequate.
• They may be afraid to address the issue with their employer.

Adequate information, training and supervision of health and safety must be provided to all new workers.

The Occupational Health and Safety Regulation 2001 clearly states that “in determining the nature and extent of necessary supervision, the employer must have regard to the competence, experience and age of each employee”. (Clause 14(3))

Each employer has a duty of care to provide a safe workplace for all their employees. This includes risk management and training. Young workers must be trained to do their work in a safe manner from the first day of employment. The Occupational Health and Safety Act clearly states that employers must “provide such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work.” (Division 1(8d))

Gender differences

Statistical data suggests that gender appears to be a significant factor in the incidence of workplace injury.

In 2000/2001 male injuries comprised 70.5% of all workplace injuries. This includes occupational diseases. (Source: Statistical Bulletin 2000/2001, WorkCover)

The statistics below show a constant trend for male injuries to be significantly greater than those for females. However there has been a steady increase in the number of injuries for females. This may partly be explained by an increase in the female workforce.

Number of workplace injuries, 1991/92 – 2000/2001

Unsafe workplaces or work practices can have an enormous cost both financially and emotionally. The pain, suffering and death resulting from workplace accidents place a burden on families and the wider community. The financial cost to commerce and industry reduces competitiveness.

The consequences of workplace injury include:

• financial costs
• human costs
• social costs

Financial costs affect the worker, the wider community and the State.

In NSW in 2000/2001:

• The total number of workplace injuries was 49,253, (39,995 workplace injuries and 9,258 occupational diseases).
• There were 139 workplace fatalities.
• The gross incurred cost of employment injuries was $1,138 million.
• Time lost for temporary disability cases was 398,838 weeks.
• The most common workplace injuries were sprains and strains (64%) accounting for a cost of $565 million.
• Back injuries accounted for over 30% of workplace injuries and cost $270 million.

(Source: Statistical Bulletin 2000/2001, WorkCover)

All workers in NSW, including full-time, part-time, permanent, temporary and casual workers, are covered by occupational health and safety laws passed by the NSW parliament.

Under occupational health and safety laws, employers have a duty of care to ensure the health, safety and welfare of all their employees at work as well as non-employees at the place of work.

WorkCover NSW manages the State`s workplace safety, injury management, and workers compensation systems.  WorkCover NSW has the power to prosecute employers who fail to fulfill this duty.

The OHS Legislation in NSW

OHS Legislation in NSW consists of an Act of Parliament and a consolidated regulation made under this Act. These are supported by various codes of practice .

Acts of Parliament

The main Act which covers all health and safety in the workplace in NSW is the Occupational Health and Safety Act 2000 which came into effect from September 2001. It lays down the requirements for health, safety and welfare which must be met at all places of work in NSW. The Act covers self-employed people as well as employers and employees

Information and a copy of the Occupational Health and Safety Act is available from the web sites:      

            http://www.WorkCover.nsw.gov.au/                      http://www.austlii.edu.au/

Regulations

The Occupational Heath and Safety Regulation 2001 replaces all existing Occupational Heath and Safety Regulations, the Construction Safety Act 1912 and Regulations and Part Three of the Factories, Shops and Industries Act 1962.

The Occupational Health and Safety Regulation 2001 aims to support the Occupational

Health and Safety Act 2000 in achieving reductions in the incidence of workplace injuries and disease.

The Regulation emphasises a risk management approach. Under this risk management approach, there is a legal requirement to manage risks in the workplace.

Legal requirements include requirements to:

• identify hazards
• assess risks
• eliminate or control risks
• review risk assessments and control measures

Regulations give details on how certain sections of the Act are to be implemented.

Regulations made under the OHS Act cover specific areas of work such as:

Risk management        

• First Aid
• Workplace consultation
• Work premises and working environment
• Notification of Accidents
• Floors, Pathways and Stairs
• Manual Handling
• Noise
• Hazardous Substances

Information and a copy of the Occupational Health and Safety Regulation 2001 is available from the web sites:

http://www.WorkCover.nsw.gov.au/                      http://www.austlii.edu.au

Code of practice

Codes of practice give practical guidance on how the required standard of health, safety and welfare can be achieved in an area of work. They are approved under the OH&S Act by the Minister for Commerce and are published in the Government Gazette.

Sometimes Codes of Practice are ‘called up’ in Regulations and in these circumstances have the same legal force as the Regulation itself. Otherwise, Codes of Practice should be followed, unless there is an alternative course of action which achieves the same or better standard of health in the workplace.

They can be used in support of the enforcement provisions of the OH&S Act or as evidence to support a prosecution for failing to comply with or contravening the OH&S Act or OH&S Regulation.

In summary, an approved industry code of practice:

• Gives practical guidance on how the required standard of health safety and welfare can be achieved in the workplace.

• Should be followed, unless there is an alternative course of action that achieves the same or a better standard of health, safety and welfare in the workplace.

• Can be used to support prosecution for failing to comply with or contravening the Act or Regulation.

(Source: OHS Consultation: Code of Practice 2001, WorkCover NSW)

Examples of Codes of Practice are:

• Electrical Practices for Construction Work

OHS Consultation

• Labelling of Workplace Substances
• Workplace Injury and Disease Recording
• Workplace Amenities
• Noise Management and Protection of Hearing at Work
• Safe Work on Roofs
• Safety at Work – A Guide for Young Workers in Hospitality
• Protecting Young Workers from Workplace Hazards
• Workplace Violence Series (including WV – Awareness, WV – Prevention, WV – Intervention, WV – Legal Consequences)

Under the Occupational Health and Safety Act 2000 the employer must ensure the health, safety and welfare of their employees when at work by:

• ensuring that any places of work controlled by the employer are safe and without risks to health, including safe entrances and exits
• ensuring the safe and proper use, handling, storage and transport of plant and substances provided for use by employees
• providing and maintaining systems of work and working environments that are safe and without risks to health
• providing information, instruction, training and supervision necessary to ensure the health and safety of employees
• providing adequate facilities for the welfare of the employees          

(Source: Summary of the OHS Act 2000, WorkCover NSW)

Under the Occupational Health and Safety Regulation 2001 the employer must:

• identify hazards
• assess risks
• eliminate or control risks
• review risk assessments and control measures
• provide instruction, training and information
• provide supervision
• provide personal protective equipment
• obtain information
• provide for emergencies
• provide amenities
• maintain of amenities and accommodation
• provide first aid facilities and personnel

(Source: Summary of the OHS Regulation 2001, WorkCover NSW)

Work experience and work placement students are considered to be “volunteers” while in the workplace. Students should observe the same responsibilities as normal employees to ensure their own safety and the safety of others in the workplace.

Under Section 21 of the OHS Act any person must not intentionally or recklessly interfere with or misuse any personal protective equipment or anything else provided in the interests of safety. Students have a legal duty under this section of the Act and can be fined if they breach it. The maximum penalty is currently 30 penalty units for a first offence.

Under the Occupational Heath and Safety Act 2000, an employee must:

• take reasonable care for the health and safety of themselves and other people at the place of work

• co-operate with his or her employer or other person in the interests of health, safety and welfare.
• not interfere with or misuse things provided for the health, safety and welfare of persons at work
• not obstruct attempts to give aid or attempts to prevent a serious risk to the health and safety of a person at work
• not disrupt the workplace by creating health or safety fears
• not refuse a reasonable request to assist in giving aid or preventing a risk to health and safety                                    

(Source: Summary of the OHS Act 2000, WorkCover NSW)

Under the Occupational Health and Safety Regulation 2001, an employee:

• must take reasonable steps to prevent risks to health and safety at work by notifying the  employer or supervisor of any matter that may affect the capacity of the employer to comply with the requirements of the Regulation.

(Source: OHS Regulation 2001, Clause 28 (1) WorkCover NSW)

The Occupational Health and Safety Act 2000 also outlines the responsibilities of other parties involved in the provision of a safe working environment.

• Persons who erect or install equipment at a workplace also have the manufacturer’s obligation to make sure that the equipment is safe to use when properly used
• Persons in control of non-domestic premises used as a place of work, by persons other than their employees, must ensure that the premises and exits and entrances are in a safe condition
• Persons who control plant or substances must ensure the plant or substance is safe and without risk when used at work by persons other than their employees

(Source: Summary of the OHS Act 2000, WorkCover NSW)

In NSW, WorkCover Inspectors have the role of ensuring safe workplaces. They help employers and employees to understand their rights and obligations under occupational health and safety, injury management and workers compensation legislation. They also have a range of powers to enforce compliance with the legislation. WorkCover inspectors can enter any workplace at any time to conduct an investigation. Inspectors can issue investigation, improvement or prohibition notices. It is an offence to prevent an inspector from doing their job.

Inspectors are empowered to act under the:

• Occupational Health and Safety Act 2000
• Workers Compensation Act 1987
• Workplace Injury Management and Workers Compensation Act 1998.

Workplace visits

Inspectors visit workplaces to:

• investigate work place incidents and breaches of legislation
• attend court, provide evidence and prepare comprehensive reports
• respond to OHS complaints from workers, unions, OHS committees and the public
• give advice and information to management, committees, union and workers
• carry out compliance inspections relating to work places and industry hazards
• target hazards in industry sectors as part of specific injury prevention projects and campaigns
• resolve workplace health and safety disputes.

Enforcement role

Inspectors have the power to:

• issue notices which require employers to remedy unsafe working conditions or hazards
• issue notices prohibiting work from continuing until a hazard is fixed
• issue notices requiring employers to provide proof of correct worker compensation insurance
• issue on-the-spot fines for breaches of the OHS Legislation
• collect evidence and recommend a prosecution.

Information role

Inspectors are trained to advise employers and employees about the risk management approach to all aspects of occupational health and safety, injury management and workers compensation matters.

For example, they can give advice on how to:

• conduct a workplace risk assessment
• bring plant, equipment and work methods up to the required standards
• establish a rehabilitation program.

(Source: Role of the WorkCover Inspector, WorkCover NSW)

WorkCover inspectors have the authority to issue penalties or fines and/or initiate prosecution for breaches of the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001.

The maximum penalties for an offence under the OHS Regulation 2001 range from $2,200 to $27,500 depending on the type of offence (e.g. an administrative breach of the Regulation attracts a lesser penalty, while safety breaches attract higher penalties).

Penalty notices (on-the-spot fines) under the OHS Regulation 2001 range from $550 to $600 for employers, and from $1,100 to $1,500 for non-compliance with an Improvement Notice.

The maximum penalties under the OHS Act 2000 for an offence is:

• corporation – 5,000 penalty units (presently $550,000 for first offence) 
• individual – 500 penalty units (currently $55,000 for first offence)
• corporation – 7,500 penalty units (previous offender).
• individual – 750 penalty units (previous offender) and/or 2 years                                                                 imprisonment.

The Court can also order offenders to do things, e.g. paying WorkCover costs of the investigation.

(Source: Summary of the OHS Act 2000, WorkCover NSW)

Consultation is a key feature of risk management since involving the people who do the work in identifying hazards and how to control risks is the most effective way to manage workplace health and safety. This also allows employers to meet their legal requirements on consultation under the Occupational Health and Safety Act 2000.

The Occupational Health and Safety Regulation 2001 sets out procedures to be followed in establishing and maintaining consultation with employees as well as for resolving matters that may present a risk to health and safety.  The regulation also states the requirement for the employer to provide training for OHS committee members and OHS representatives.

Consultation is required:

• whenever risks to health and safety are being examined or reviewed
• when decisions are being made about measures taken to eliminate or control risks
• when introducing or altering any procedures for identifying and monitoring workplace risks
• whenever changes that may affect health and safety are proposed to the workplace, the system of work, or the plant and substances used for work
• whenever decisions are made about consultation arrangements.

Consultation can take place through an OHS committee, an OHS representative or using other arrangements that have been agreed upon by the employer and the employees.

Employers need policies and procedures in place to make sure that potential hazards and the health and safety of people in the workplace are addressed.  An occupational health and safety management system is a documented, coordinated plan to make sure hazards and associated risks in the workplace are managed.

The six steps in creating an OHS management system are:

• Determine who is responsible for health and safety

Plan to work safely

• Involve employees in the process
• Develop procedures
• Train people in the procedures
• Monitor, review and improve the system.

(Source: Risk Management at Work, Guide 2001, WorkCover NSW)

Student Activity 1: The cost of workplace injuries

Outcomes:    Students will be able to:

• demonstrate an understanding of the different consequences of workplace injuries
• classify the consequences as either a financial or human cost or other
• determine which group is directly affected by workplace injuries, employee, employer or community,       

Resources:

Overhead transparency – Consequences of workplace Injuries

Handout - Consequences of Workplace Injuries

Activity Outline:

o   Place a tick (ü ) in the column which best describes the consequence described. Is it

Ø  a human consequence?

• a financial consequence?
• other (does not fit into either)?

In some cases you may have to tick (ü) more than one column.

• Now decide if each consequence directly affects

• the employee
• the employer
• the community

and place a tick (ü) in the appropriate column.

Student Activity 2: The Occupational Health and Safety Act 2000

Outcomes:         Students will:

• be aware of the rights and responsibilities of both employers and employees
• understand the role of an Occupational Health and Safety Committee
• gain an understanding of the Occupational Health and Safety Act 2000
• access and navigate through the Occupational Health and Safety Act 2000.

Resources:

• Internet connection
• Student worksheets

Activity Outline:

Students are to complete the student worksheets using the Occupational Health and Safety Act 2000 to help them with their responses.

The worksheets will cover the responsibilities of the employer and employee in relation to workplace safety and the role of the Occupational Health and Safety Committee.

The full Act can be found at:

http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

This page lists the contents of each part of the Act. The Act itself is extensive, covering 142 sections providing information on:

• Duties relating to health, safety and welfare at work
• Regulations
• Industry codes of practice
• Investigations
• Investigation, improvement and prohibition notices
• Criminal and other proceedings

The Occupational Health and Safety Act 2000 - Worksheet 1

Go to the website:  http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 3 in Part 1- Preliminary of the OH&S Act.

This section lists the objectives of the Act.

Below is a list of key words that you need to know the meaning of before you read the passage below. You may need to find their meaning in a dictionary.

Key Words

Read the passage and underline the key words in the appropriate sentence.

The objectives of this Act are as follows:

• to secure  and promote the health, safety and welfare of people at work
• to  protect people at a place of work against risks to health or safety  arising  out of the activities of a person at work
• to promote a safe and healthy work environment for people at work that protects them from injury and illness and that is adapted to their physiological and psychological needs
• to provide for consultation and co-operation between employers and employees in achieving the objectives of this Act
• to ensure that risks to health and safety at a place of work are identified, assessed and eliminated or controlled
• to develop and promote community awareness of occupational health and safety issues
• to provide a legislative framework that allows for progressively higher standards of occupational health and safety to take account of changes in technology and work practices
• to protect people (whether or not at a place of work) against risks to health and safety arising from the use of plant  that affects public safety.

The Occupational Health and Safety Act 2000 - Worksheet 2

Go to the website:  http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 8, Duties of Employers in Part 2 Duties of Employers - Duties Relating To Health, Safety And Welfare At Work, Division 1 - General duties

This section explains the legal requirements of the employer to provide a safe environment for their employees. Read through these requirements.

Answer true or false to the following statements by placing a tick ( a) in the correct column.