Industrial Technology
Home > Industrial Technology > Industry Study > Government legislation - safety
Occupational health and safety
Safety legislation - Suggested Answers
Activity 1.
What is a Regulation and how does it differ from an Act of Parliament?
Often, Acts have regulation-making powers allowing regulations to be made under them. Regulations support the general requirements of the legislation and provide more detail as to how the legislation is to be enforced.
Activity 2
Go to the NSW government web site that outlines the Occupational Health and Safety Act 2000:
http://www.legislation.nsw.gov.au/fullhtml/inforce/act+40+2000+FIRST+0+N 
Answer the following questions:
- Outline the objects of this legislation.
The objects of the Occupational Health and Safety Act 2000 are to:- secure and promote the health, safety and welfare of people at work
- protect people against workplace health and safety risks
- provide for consultation and cooperation between employers and workers in achieving the objects of the Act
- ensure that risks are identified, assessed and eliminated or controlled,
- develop and promote community awareness of occupational health and safety issues,
- provide a legislative framework that allows for progressively higher standards of occupational health and safety to take account of new technologies and work practices
- protect people against risks arising from the use of plant (ie. machinery, equipment or appliances).
- To what work environments does Act apply?
This Act applies to all places of work, except as otherwise provided by this Act.
- Outline the duties of employers under the Act.
Employers have responsibilities to employees and others in the work place. Specifically these responsibilities include:
Employees
An employer must ensure the health, safety and welfare at work of all the employees of the employer.
That duty extends (without limitation) to the following:- ensuring 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
- ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used
- ensuring that systems of work and the working environment of the employees are safe and without risks to health
- providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work
- providing adequate facilities for the welfare of the employees at work.
An employer must ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work.
- Outline the duties of employees under this act
An employee must, while at work, take reasonable care for the health and safety of people who are at the employee’s place of work and who may be affected by the employee’s acts or omissions at work.
An employee must, while at work, co-operate with his or her employer or other person so far as is necessary to enable compliance with any requirement under this Act or the regulations that is imposed in the interests of health, safety and welfare on the employer or any other person.
- Under what circumstances may a WorkCover inspector enter a work place.
For the purposes of this Act or the regulations, an inspector may enter any premises the inspector has reason to believe is a place of work.
Activity 3
Use the following web site to access information in relation to these responsibilities and answer the following questions.
http://www.workcover.nsw.gov.au/Pages/default.aspx
Answer the following questions:
- Outline the duty of care employees have under the Act
There is a general obligation on employees to take care of others and cooperate with employers in matters of health and safety An employee must also co-operate with the employer or other person so far as is necessary to enable compliance with the OHS Act 2000 and OHS Regulation 2001.
- What are the worker's obligations in relation to personal protective equipment (PPE)?
As a worker, you must co-operate with the OHS requirements stipulated by your employer.
If your employer’s rule is that PPE should be worn, then you must wear it. In addition, you must not intentionally or recklessly, interfere with or misuse anything provided in the interest of health and safety, which includes PPE.
- Who has to pay for the personal protective equipment (PPE) required at the workplace?
The employer must pay for all safety equipment.
- What happens if an employee refuses to wear personal protective equipment (PPE)?
An employer is expected to develop a policy and procedure that clearly explains the workplace requirements and the action that will be taken for failure to comply with the policy. This policy should cover PPE requirements at the workplace.
The policy must be developed in consultation with the employees through the safety committee, health and safety representative or other agreed arrangements and where relevant, the union.
If an employee continues to resist wearing or using PPE, then the employer would be expected to take stronger action such as disciplinary action or moving the employee to another area. All of this should be documented in the procedure.
If the policy is developed in consultation, then this reduces the risk of industrial action should an employee be terminated or disciplined for breaching safety rules.
The employer as well as the employee could be subject to fines or prosecution for the employee’s failure to wear or use PPE.
- Outline the suggested procedures in making a workplace complaint
Before WorkCover becomes involved in the issue, you might like to try resolving it "in house", if you haven't already done so. This might include:- complaint to the workplace OHS Committee
- direct negotiation with management
- negotiation with management through union representatives.
- identify the issue as one which is within its jurisdiction
- find the address of the workplace and the location within that workplace which is the subject matter of the complaint
- identify the exact nature of the complaint
- identify the name and address of the organisation or individual in control of the workplace.
|