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OHS legislation and codes
WorkCover NSW administers and enforces compliance with occupational health and safety (OHS), injury management, return to work and worker’s compensation legislation, and manages the worker’s compensation system.
Further information on the information on this page can be found on the ‘WorkCover’ website: http://www.workcover.nsw.gov.au/ 
The new OHS legislation is made up of the ‘Occupational Health and Safety Act 2000’ and the ‘Occupational Health and Safety Regulation 2001’. Both the Act and Regulation came into effect on 1 September 2001.
Acts
An Act is legislation made by Parliament. Acts often have regulation-making powers allowing regulations to be made under them. 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)
Other Acts you should also be familiar with:
- Worker’s Compensation Act 1987
- Workplace Injury Management and Workers Compensation Act 1998
Regulations
A regulation is law and, as such, employers, workers, insurers, designers, manufacturers, suppliers and others must meet their obligations under both the legislation and the regulations. Regulations support the general requirements of the legislation and provide more detail. The ‘WorkCover’ website provides further information on ‘Occupational Health and Safety Regulation 2001’. Go to www.workcover.nsw.gov.au
Codes of Practice
Industry codes of practice provide practical guidance and advice on how to achieve the standard required by the Act and Regulation. Codes of practice are developed through consultation with representatives from industry, workers and employers, special interest groups and government agencies.
A code of practice is not law, but it should be followed unless there is an alternative course of action that achieves the same or better standards.
Evidence of failure to observe an industry code of practice may be used as evidence in proceedings for an offence under the Act. However, a person is not liable simply because of a failure to observe the code.
Standards
Australian Standards set out the safety requirements and provide guidance for persons working in specific areas or who deal with particular equipment. These Standards only become legally binding when they are incorporated into legislation.
Under NSW law, a variety of systems, equipment, products and materials must meet Australian Standards.
Standards are established to ensure that certain requirements are addressed. They outline requirements such as:
- quality
- performance
- construction design
- endurance
- time specificity
- systems or processes
- certain hazards and controls
Standards are also developed as a result of:
- commonly adopted practices in certain industries
- agreement between management and workers
- recommendations from advisory bodies
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