Occupational Health and Safety (Commonwealth Employees) Act 1991 - Notice of Approval - Notice No. 3 of 1999

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to provide for the health, safety and welfare of employees in the Commonwealth public sector. This legislation was introduced to address the need for a robust framework to ensure safe and healthy working conditions within the Commonwealth workforce. The Act was enacted by the Parliament of Australia and is administered by the Minister for Employment, Workplace Relations and Small Business. One of the policy objectives of the Act is to ensure that the Commonwealth provides a safe and healthy workplace for its employees, thereby preventing work-related injuries and illnesses. The Act aims to establish a set of standards and practices that employers must adhere to in order to maintain a safe work environment. The legislative instrument Notice No. 3 of 1999, issued by the Minister for Employment, Workplace Relations and Small Business, Peter Reith, serves to approve the Code of Practice for First Aid in Commonwealth Workplaces, which is designed to apply generally for the purposes of the Act and to support the overarching objective of safeguarding employees' health and safety in Commonwealth workplaces.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to all employees of the Commonwealth of Australia, including those in public and private sector agencies, as well as contractors and their employees working on Commonwealth premises or under Commonwealth contracts. The Act covers a broad range of conduct and transactions associated with occupational health and safety within the Commonwealth workplace. Its jurisdictional reach is confined to the Commonwealth sphere, meaning it applies to federal government employees and operations, rather than state or territory employees. There are no exclusions explicitly stated in this legislative instrument, however, the application of the Act may be further defined through subordinate instruments, such as the approved Code of Practice for First Aid in Commonwealth Workplaces. This code supplements the Act by providing specific guidelines and standards to be followed in Commonwealth workplaces, thereby extending and clarifying the requirements set out in the primary legislation.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) is designed to ensure the health and safety of employees in the Commonwealth sector. Section 70 of the Act allows for the approval of codes of practice, which provide practical guidance on how to achieve compliance with the Act's requirements. In Notice No. 3 of 1999, the Minister for Employment, Workplace Relations and Small Business approved the Code of Practice for First Aid in Commonwealth Workplaces (the Code). This Code applies generally for the purposes of the Act and came into effect on the date of publication of this Notice in the Commonwealth of Australia Gazette. The Code of Practice for First Aid in Commonwealth Workplaces (section 70) sets out the requirements for first aid in the workplace, including the number of first aid officers and the types of first aid kits to be provided. It also outlines the responsibilities of employers, employees, and first aid officers to ensure a safe working environment. The Code is intended to assist employers in meeting their obligations under the Act to provide a safe and healthy work environment. The obligations imposed on parties governed by the Act include ensuring that there are sufficient first aid facilities and trained personnel available to deal with any injuries or illnesses that may occur in the workplace. Failure to comply with the Code, which is approved under the Act, can lead to various consequences. While the Act itself does not explicitly outline specific offences or penalties for breaching the Code, non-compliance with the Act's general obligations to ensure a safe workplace can result in civil or criminal liability. Under section 27 of the Act, an employer who fails to comply with the Act may be guilty of an offence and can be prosecuted. The maximum penalty for an individual offender is $120,000, while the maximum penalty for a corporate offender is $600,000. Additionally, section 28 of the Act allows for the imposition of civil penalties for breaches of the Act. These penalties can include fines of up to $1.1 million for individuals and $5.5 million for corporations. The seriousness of the breach, the degree of negligence, and the impact on the health and safety of employees are considered when determining the appropriate penalty. The Act aims to deter non-compliance and promote a culture of safety in Commonwealth workplaces.