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Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

1. Occupational health and safety law Chapter 23

2. Introduction
Occupational health and safety law (OHS law) is one of the principal sub-sets of employment law in Australia.
This body of law defines the rights and obligations of employers, employees and third parties relating to health, safety and welfare in workplaces.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

3. Objects of occupational health and safety law
Secure the health, safety and welfare of persons at work.
Protect persons at work against risks to health or safety.
Assist in securing safe and healthy work environments.
Eliminate, at the source, risks to health, safety and welfare of persons at work.
Provide for the involvement of employers, employees and associations in the formation and implementation of health and safety standards.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

4. Statutory design of occupational health and safety law
Statute-based law
The constitution does not confer a specific power upon the Commonwealth, so primary responsibility lies with the state parliaments. Each state has its own OHS legislation.
As a result there are 9 separate OHS systems.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

5. Relationship of OHS law with other laws
Common law
contract and tort law are related to OHS law
Criminal law
many statutes create offences in relation to conduct that renders an offender liable to prosecution by state
OHS statutes contain criminal offences for certain breaches
Employment and workplace relations law
OHS law regulates one aspect of the relationship between employers and employees and is a sub-set of employment and workplace relations law.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

6. Major features of OHS law
Key concepts
Health, safety and welfare
The workplace
Employers
Employees
Independent contractors
Occupiers
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

7. Who owes the statutory duties?
As a general rule the following parties owe legal duties to employees under Australian OHS law:
Employers
Employees
Members of the public at a workplace
Manufacturers, suppliers and importers of plant and substance
Installers and designers of plant
Occupiers and persons in control of a workplace
Self-employed persons
Independent contractors
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

8. General duties of employers
To provide, maintain and ensure, so far as practical, a safe working environment, without risks to the health of employees.
To ensure people (other than employees of the employer) are not exposed to health or safety risks arising from work being undertaken.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

9. Specific duties of employers
To provide and maintain safe plant and systems of work that minimise health risks.
To ensure that plant and substances are used, handled, stored and transported safely.
To give employees whatever information, training and supervision is necessary.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

10. Principal duties of employees
To co-operate with their employer or any other person to fulfill requirements imposed in the interests of safety and health.
To use equipment in a safe and proper manner and in accordance with the employer’s instructions.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

11. Enforcement of OHS law Prosecution Penalties
Prison terms for serious offences
Improvement and prohibition notices
Administering organisations
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

12. Specialist OHS law
Our system of OHS law contemplates that a secondary source of law exists on specialist matters
These are contained in:
OHS Regulations
OHS codes of practice and guidance material
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham

13. National OHS law and policy
Australia has extensive, multiple legislative systems of OHS laws.
The process of developing and reviewing law and policy in this area is challenging.
The National Occupational Health and Safety Commission is the principal national policy-making body for OHS in Australia.
In 2002 all governments, with employer and union representatives, developed and adopted the National Occupational Health and Safety Strategy 2002–2010.
Copyright  2006 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 5e by Margaret Barron
Slides prepared by Simone Bingham