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GUIDE TO NSW OHS LEGISLATION

Introduction

This guide provides an outline of the principal Occupational Health and Safety legislation which applies to the University. You can access some of the legislation directly by using the links incorporated in this guide. New OHS Legislation came into force on September 1 2001: the NSW OHS Act 2000 and the NSW OHS Regulation 2001.

  1. The Occupational Health & Safety Act
  2. Regulations made under the Act
  3. Associated Legislation
  4. References

1.1 A SUMMARY OF THE MAIN PROVISIONS

The New South Wales Occupational Health and Safety Act, 2000 aims to secure the health, safety and welfare of people at work. It lays down general requirements which must be met at places of work in New South Wales. The provisions of the Act cover every place of work in New South Wales. The Act covers self employed people as well as employees, employers, students, contractors and other visitors.


1.2 DUTIES RELATING TO HEALTH, SAFETY & WELFARE AT WORK (PART 2, DIVISION 1 OF THE ACT.)

The general duties set out in the Act are summarised below.

  1. EMPLOYERS must ensure the health, safety and welfare of their employees when at work (Section 8). Things employers must do to ensure this include:
    - 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,
    - 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.
  2. EMPLOYERS 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 (Section 8).
  3. CONTROLLERS OF WORK PREMISES, PLANT OR SUBSTANCES must ensure the premises are safe and that plant or susbtances used for work are safe and without risks to health when properly used (Section 10).
  4. DESIGNERS, MANUFACTURERS & SUPPLIERS OF PLANT AND SUBSTANCES for use at work
    - must ensure the plant or substance is safe and without risks to health when properly used
    - must provide adequate information about the plant or susbtance to ensure its safe use
    - design, manufacture or supply safe components and accessories for plant for use by people at work (Section 11).

1.3 DUTY TO CONSULT (PART 2, DIVISION 2 OF THE ACT)

The Act requires employers to consult with employees to enable the employees to contribute to making decisions affecting their health, safety and welfare at work (Section 13). This consultation must involve:

  • sharing of relevant information with employees
  • giving employees opportunities to express their views and contribute in a timely fashion to the resolution of health, safety and welfare issues at their workplace
  • the employer taking into account and valuing the views of employees (Section 14).

Consultation is required when:

  • risks to health and safety arising from work are assessed
  • decisions are made about measures to eliminate or control risks
  • introducing or altering procedures for monitoring risks
  • decisions are made about the adequacy of facilities for employee welfare
  • changes are proposed to t e premises, plant, substances or work methods that may affect health, safety or welfare of employees
  • decisions are made about procedures for consultation on health, safety or welfare (Section 15).

Consultation can be undertaken through occupational health and safety committees, occupational health and safety representatives or by other arrangements agreed between the employees and the employer (Section 16). The Act provides further details about the establishment of committees, the election of OHS representatives and the functions and powers of these (Sections 17 & 18).


1.4 RELATED DUTIES (PART 2, DIVISION 3 OF THE ACT)

  1. EMPLOYEES are required to take reasonable care for the health and safety of people at their place of work and who may be affected by their acts or omissions at work. Employees are also required to cooperate with their employer and other people to enable compliance with the Act or regulations (Section 20).
  2. PERSONS are not to interfere with or misuse things provided for health, safety and welfare (Section 21). Persons must not hinder aid to injured workers or refuse reasonable requests for assistance in giving aid to injured or ill people at the workplace (Section 24). Persons must not disrupt the workplace by creating health or safety fears or the appearance of a risk (Section 25).
  3. EMPLOYERS may not charge employees for anything done or provided because of a specific requirement of the Act or regulations (Section 22). Employers must not dismiss or victimise employees because they make complaints about health and safety matters, are members of OHS Committees or are OHS Representatives (Section 23).

1.5 OFFENCES AND PENALTIES (PART 2, DIVISION 4 OF THE ACT)

There are various offences and penalties associated with the Act. These include fines for organisations and fines and gaol sentences for individuals found guilty of breaches of the Act or the Regulation. The maximum penalty is 5000 penalty units for an organisation and 500 penalty units for an individual. Additional penalties apply to previous offenders and can include 2 years gaol for individuals. Non-monetary penalties can also be imposed. As at Janaury 2001, a Penalty Unit = $110.

  1. DIRECTORS AND MANAGERS are liable if a corporation contravenes the Act. Each director and each person concerned in the management of the corporation is considered to have contravened the Act unless the director or person can satisfy the court that:
    - he or she was not in a position to influence the conduct of the corporation in relation to its contravention of the provision of the Act, or
    - he or she, being in such a position, used all due diligence to prevent the contravention by the corporation (Section 26).
  2. DEFENCES are limited. It is a defence for a person to prove that
    - it was not reasonably practicable to comply or
    - the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision (Section 28).

1.6 INSPECTORS POWERS (PART 5, DIVISION 2 OF THE ACT)

WorkCover Inspectors are given inspection powers (Sections 50-75) for the purpose of the Act, including the taking of samples, and the carrying out of a range of tests (Section 59). Inspectors can be accompanied by an employees' representative during an inspection (Section 69). University personnel are obliged to answer questions asked of them by the WorkCover Inspectors.

To date only one Regulation has been made under the OHS Act 2000. This is the Occupational Health and Safety Regulation 2001. This Regulation consolidates a number of previous Regulations including those related to Manual Handling and Hazardous Substances. It consists of 12 chapters covering the following areas:

Chapter 2 requires employers to adopt a risk management approach to managing workplace health and safety. It requires employers to identify hazards and assess and control the risks associated with these hazards. This chapter is the foundation of the Regulation.

Some legal requirements regarding health and safety at work are contained in associated legislation. This includes Workers Compensation and Injury Management legislation. See legislation database alphabetical listing for a more comprehensive list of NSW Acts and Regulations.


Notes
Authorised by Risk Management Office
Revised by Leanne Mumford, OHS Officer, & last updated 19/10/01.