Occupational Health and Safety (Commonwealth Employees) Act 1991 - Notice of Approval and Amendment (Notice No. 1 of 1993)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to address workplace health and safety concerns specifically within Commonwealth employment, thereby aiming to provide a safer and healthier working environment. The Act empowers the Minister for Industrial Relations to approve codes of practice, guidelines and amendments to ensure compliance with occupational health and safety standards. The Minister, Peter Cook, approved the Code of Practice for the Protection of Workers from the Ultraviolet Radiation in Sunlight, and amended the Code of Practice for Manual Handling to incorporate additional guidance relevant to the retail industry. These codes are intended to apply generally and incorporate amendments as required, reflecting the evolving nature of occupational health and safety practices. The policy objective underpinning these legislative actions is to safeguard the wellbeing of workers by providing practical and up-to-date guidance on health and safety issues pertinent to their specific work environments.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to all Commonwealth employees, their employers, and other persons or entities involved in Commonwealth employment activities. The Act's geographic reach is national, ensuring that occupational health and safety standards are uniformly applied across all Commonwealth workplaces. The Act is designed to protect workers from health hazards and risks associated with their employment under the Commonwealth, including exposure to ultraviolet radiation and manual handling, as evidenced by the approved codes of practice. The Act extends its application through subordinate instruments, specifically the approved and amended codes of practice, which incorporate guidance notes and other relevant documents to ensure comprehensive coverage of occupational health and safety matters. These codes are approved under the authority of the Minister for Industrial Relations, ensuring that they are applicable generally to all relevant workplaces and activities within the Commonwealth's jurisdiction.

Key Provisions

The key operative sections of the Occupational Health and Safety (Commonwealth Employment) Act 1991, as amended by Notice No. 1 of 1993, approve specific codes of practice concerning worker protection. Section 70(1) of the Act mandates the Minister for Industrial Relations to approve codes of practice for the protection of workers, which are to be prepared by the Commission. The Notice approves the Code of Practice for the Protection of Workers from the Ultraviolet Radiation in Sunlight (section 1(a)), and the amendment to the Code of Practice for Manual Handling (section 2(a)), which includes additional guidance specific to the retail industry. Section 70(3) provides that these approved and amended codes incorporate any documents as amended by the body from time to time, ensuring that the codes remain up-to-date with evolving health and safety standards. Lastly, section 70(4)(a) stipulates that these codes apply generally to all relevant workers and employers under the Act. The Act imposes several obligations on the parties it governs. Firstly, employers are required to adhere to the approved and amended codes of practice, ensuring that they implement appropriate measures to protect workers from hazards such as ultraviolet radiation and manual handling injuries. Employers must also ensure that workers are adequately informed about these health and safety practices. Furthermore, the Act obligates the Commission to keep the codes of practice under review and to update them as necessary, ensuring that they reflect the most current health and safety standards. The Notice also outlines the consequences for non-compliance with the Act and its approved codes of practice. While the Notice itself does not explicitly detail offences, penalties, or specific consequences for breach, the Occupational Health and Safety (Commonwealth Employment) Act 1991 does provide for penalties under its own provisions. For example, section 27 of the Act provides for offences and penalties where a person fails to comply with a direction issued under the Act, with potential penalties including fines of up to $66,000 for individuals and $330,000 for bodies corporate, depending on the severity and nature of the breach. Additionally, serious breaches could result in civil or criminal liability, with potential legal actions taken against those responsible for failing to meet their obligations under the Act and its codes of practice.