EXPLANATORY STATEMENT
Issued by authority of the
Minister for Employment and Workplace Relations
Occupational Health and Safety (Maritime Industry) Act 1993
Subsection 109(1)
Approved Code of Practice for Manual Handling (Maritime Industry)
The purpose of the instrument to which this Explanatory Statement relates is to bring into operation the Approved Code of Practice for Manual Handling (Maritime Industry) (“the Code”), which was prepared by the Seafarers Safety, Rehabilitation and Compensation Authority (“the Authority”).
The Code will take effect the day after it is registered.
Section 109 of the Occupational Health and Safety (Maritime Industry) Act 1993 (“the Act”) provides that the Minister for Employment and Workplace Relations may approve codes of practice prepared by the Authority or any other body, and may amend or revoke any code of practice so approved under that section.
A code of practice approved by the Minister under the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
An approved code of practice:
(a) provides practical guidance to persons with a duty of care under the Act and associated regulations;
(b) should be followed unless there is another means of achieving the same or better standard of health and safety; and
(c) is admissible as evidence in proceedings under the Act and associated regulations.
In 1990, the National Occupational Health and Safety Commission (NOHSC) [now the Australian Safety and Compensation Council (ASCC)] declared the National Standard for Manual Handling [NOHSC:1001 (1990)] (national standard) and the National Code of Practiced for Manual Handling [NOHSC:2005 (1990)] (national code).
The objectives of the national standard are to prevent the occurrence of injury and/or reduce the severity of injuries resulting from manual handling tasks and to require employers to identify, assess and control risks arising from manual handling activities in workplaces. The national code provides practical advice in meeting the requirements of the national standard for the identification, assessment and control of risks arising from manual handling activity in workplaces.
The Seacare Authority consulted the Australian Maritime Industry on the adoption of the national standard and the national code. There was broad agreement to their adoption, subject to a number of enhancements / additions to reflect maritime industry conditions.
The Office of Regulation Review has advised that a Regulation Impact Statement (RIS) was not mandatory as a RIS was prepared for the development of the national standard and the national code and the amendments required to accommodate the unique nature of the maritime industry are minor in nature.
In accordance with the Council of Australian Governments’ Principles and Guidelines for National Standard Setting and Regulatory Action by Ministerial Councils and Standard-Setting Bodies it is not necessary to duplicate the RIS prepared by NOHSC.
In accordance with subsection 109(7), a copy of the approved code of practice will be held in the offices of the Australian Maritime Safety Authority (AMSA), the Inspectorate under the Act, for examination on request.
Overview
The Occupational Health and Safety (Maritime Industry) Act 1993 was enacted to provide for the occupational health and safety of people working in the maritime industry. It establishes a framework for ensuring safe and healthy working conditions, addressing the specific hazards and risks associated with maritime work. The problem or gap this Act sought to address was the need for comprehensive health and safety regulations tailored specifically to the maritime industry, which has unique challenges and hazards not present in other industries. The Act was enacted by the Commonwealth Parliament, aiming to protect workers by setting out duties and responsibilities for employers, employees, and other relevant parties, and to ensure compliance with occupational health and safety standards. The policy objective of the Act is to prevent workplace injuries and illnesses, thereby promoting a safer working environment in the maritime sector.
Scope and Application
The Approved Code of Practice for Manual Handling (Maritime Industry) is an instrument brought into operation under the Occupational Health and Safety (Maritime Industry) Act 1993. This Act applies to the maritime industry, encompassing persons and entities involved in maritime operations, including employers, employees, shipowners, and other relevant parties within the maritime sector. The Code provides practical guidance to those with a duty of care under the Act and associated regulations, offering detailed advice on the identification, assessment, and control of risks arising from manual handling activities to prevent injuries. The Act's jurisdictional reach is federal, as it pertains to the maritime industry across Australia. The approved code of practice should be followed unless an alternative achieves a better standard of health and safety, and it is admissible as evidence in proceedings under the Act and related regulations. Any amendments or revocations of the code are made by the Minister for Employment and Workplace Relations under Section 109 of the Act.
Key Provisions
The main operative sections of the Occupational Health and Safety (Maritime Industry) Act 1993 are relevant to the establishment and enforcement of occupational health and safety standards in the maritime industry. Section 109(1) authorises the Minister for Employment and Workplace Relations to approve codes of practice prepared by the Seafarers Safety, Rehabilitation and Compensation Authority, which may then be amended or revoked under the same provision. The approved code of practice, once registered, becomes effective as a legislative instrument under the Legislative Instruments Act 2003. This code provides practical guidance to those with a duty of care under the Act and associated regulations, and should be followed unless an equally or more effective alternative method of achieving health and safety standards is found. It is also admissible as evidence in proceedings under the Act and its associated regulations.
The obligations imposed by the Act on the maritime industry are primarily centred on compliance with the approved code of practice. Employers and employees must ensure adherence to the guidelines set forth in the code, which focuses on the prevention of injuries and the management of risks associated with manual handling tasks. This includes the identification, assessment, and control of risks specific to maritime conditions, thereby aligning with the broader objectives of the national standard for manual handling. The maritime industry is also required to consult with the Seafarers Safety, Rehabilitation and Compensation Authority and the Australian Maritime Safety Authority (AMSA) to ensure that the code is suitably adapted to the unique operational environment of the maritime sector.
Breach of the approved code of practice may result in both civil and criminal consequences. Under the Occupational Health and Safety (Maritime Industry) Act 1993, failure to comply with the approved code of practice can be pursued through legal action. The Act does not specify particular penalties within the explanatory statement; however, general provisions within the Act and associated regulations may provide for fines or other penalties for non-compliance. Additionally, the approved code of practice can be used as evidence in legal proceedings, which may result in further sanctions being imposed by the courts. The consequences for non-compliance can significantly impact the safety and operational integrity of maritime activities, underscoring the importance of adherence to the approved code.