1. Workplace Occupational Health, Safety and Security
Vocational Education and Training
Training Toolbox Series
Work Studies
NSW Work Studies Course
Workplace Occupational Health, Safety and Security
Section 1

2. Health and Safety Laws, Regulations and Codes of Practice
Workplace Occupational Health, Safety and Security
Health and Safety Laws, Regulations and Codes of Practice

3. Table of Contents Workplace Occupational Health, Safety and Security
Section 1 – Health and Safety Laws, Regulations & Codes of Practice
OHS Laws Slide - 04
Employers’ Duty of Care Slide - 06
Employee’s Responsibility Slide - 07
OHS Regulations Slide - 08
Powers Under the OHS Acts Slide - 09
Notices, Enforcements and Penalties Slide - 10
Codes of Practice Slide - 12
Licenses and Permits Slide - 13
SafeWork Australia Council   Slide - 15
Role of SafeWork Australia Council Slide - 16
Standards and Guidance Notes Slide - 17
State and Territory Offices Slide - 18
Worker’s Compensation Slide - 19
Roles of Unions in Workplace Safety Slide - 20

4. OHS Law Workplace Occupational Health, Safety and Security
The three jurisdictions in Australia that have OHS Acts are:
Commonwealth
State
Territory 

5. OHS Law Workplace Occupational Health, Safety and Security
OHS Acts have the following common requirements:
To promote occupational OHS in the workplace
Provide systems of work that are safe and without
Take steps to prevent workplace injuries and diseases
Take steps to protect the health and safety of the public
Provide rehabilitation and maximum recovery

6. Employers’ Duty of Care
Workplace Occupational Health, Safety and Security
Employers’ Duty of Care
An employer’s ‘Duty of Care’ include many rights and responsibilities such as:
Provision and maintenance of safe equipment and systems
Safe work processes in line with equipment and substances
A safe working environment
Adequate employee welfare facilities
Information and training on workplace hazards
Monitoring the health of their employees and record keeping
Employment of qualified persons to provide OHS advice
Management personnel monitoring conditions
Duty of
Care

7. Employee’s Responsibility
Workplace Occupational Health, Safety and Security
Employee’s Responsibility
Areas that are under the control of the employee include:
Undertaking training when requested
  Confirming their understanding of hazards
  Use any personal protective equipment
  Following emergency procedures
  Learning to identify any unique hazards in the workplace
  Reporting unsafe or unhealthy conditions
  Following the rules related to alcohol and drug use
  Understanding the required actions when injured at work

8. OHS Regulations Workplace Occupational Health, Safety and Security
An OHS regulation may:
  Deal with detailed administrative matters
  Prohibit exposure to risk
  Prescribe ways to prevent or minimise exposure to risk 

9. Powers Under the OHS Acts
Workplace Occupational Health, Safety and Security
Powers Under the OHS Acts
Powers granted to OHS inspectors include:
  Entering a work place without a warrant
  Conducting inspections and investigations
  Conducting interviews and making inquiries
  Taking photographs, recordings, measurements or samples
  Gathering information, examining and copying documents
  Enforcing compliance by issuing notices

10. Notices, Enforcements and Penalties
Workplace Occupational Health, Safety and Security
Notices, Enforcements and Penalties
The five types of notices inspectors can issue are:
  Improvement Notice
  Prohibition Notice
  Direction Not to Disturb
  Infringement Notice
  Notice of Prosecution Action 1 2 3 4 5

11. Notices, Enforcements and Penalties
Workplace Occupational Health, Safety and Security
Notices, Enforcements and Penalties
To avoid any notices, fines or prosecution the following must be done:
  Employers must support their managers in achieving OHS
  Managers must support their supervisors in achieving OHS
  Allow employees to raise health and safety issues
Follow up on raised issues
Ensure that employees are trained in OHS
Ensure employees are provided information on OHS
Employees must cooperate with management in OHS

12. Codes of Practice Workplace Occupational Health, Safety and Security
Codes of Practice are developed to advise employers of acceptable compliance to OHS laws and regulations.
They are developed by:
  Industry groups
  Employer groups
  Unions
Government

13. Workplace Occupational Health, Safety and Security
Licenses and Permits
Licenses or permits may be required for:
  The preparation or mixing of hazardous goods or substances
  The use of hazardous goods or substances
  The storage of hazardous goods or substances
  The transportation of hazardous goods or substances
  The discharge of production facility wastewater
  The disposal of solid hazardous waste
  The use of land or water sources
  The use of certain machinery or equipment
  Processing emissions
  Hazardous processes/operations to the community
Hazardous processes/operations to the environment

14. Licenses and Permits Terms and Conditions
Workplace Occupational Health, Safety and Security
Licenses and Permits
Terms and conditions of licenses or permits may include:
  Monitoring requirements
Training requirements
Reporting requirements
Inspections
Compliance statements
Terms
and
Conditions

15. Safe Work Australia Council
Workplace Occupational Health, Safety and Security
Safe Work Australia Council
The Council consists of the following members: 
  Chairperson
  One member who represents the Commonwealth 
  Eight members representing a different State or Territory
  Two members representing the interests of workers
  Two members representing the interests of employers
  A Safe Work Australia CEO

16. Role of Safe Work Australia Council
Workplace Occupational Health, Safety and Security
Role of Safe Work Australia Council
The Council has the following functions: 
  Develop national policy relating to OHS
Develop national policy relating to workers’ compensation
  Develop policies dealing with the compliance of OHS laws
Develop policies for the enforcement of the OHS laws
   Raise national awareness of OHS and workers’ compensation

17. Standards and Guidance Notes
Workplace Occupational Health, Safety and Security
Standards and Guidance Notes
The four types of OHS standards are:
  Standards developed internally
  Standards developed by industry groups
  The National Standards
  Australian Standards
Standards
Guidance
Notes

18. State and Territory Offices
Workplace Occupational Health, Safety and Security
State and Territory Offices
Each State and Territory has government office that regulates and enforces OHS laws.

19. Workers’ Compensation
Workplace Occupational Health, Safety and Security
Workers’ Compensation
Worker’s compensation insurance provides injured workers payments for:
Loss of income while injured
Medical expenses
Rehabilitation expenses
Re-training expenses

20. Roles of Unions in Workplace Safety
Workplace Occupational Health, Safety and Security
Roles of Unions in Workplace Safety
If informed of unsafe practices or conditions unions will:
  Represent the workers in unresolved OHS issues
  Act as a mediator in workers’ compensation claims
  Monitor working conditions
Notify employers if unsafe conditions are found

21. Workplace Occupational Health, Safety and Security
End of Section 1