Occupational Health and Safety (Commonwealth Employees) Act 1991 - Notice of Revocation and Approval - Notice No. 1 of 1999

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to provide a framework for ensuring the health, safety and welfare of employees in Commonwealth employment, particularly by preventing work-related injury and disease. This Act addresses the problem of occupational health and safety risks in the Commonwealth workplace, ensuring a consistent approach to managing hazards, including exposure to carcinogenic substances. The relevant legislature, the Australian Parliament, established this Act to safeguard workers' health by setting out duties and responsibilities for employers and employees. The policy objective of the Act is to foster a safe and healthy working environment, which is reinforced by the approval of the Code of Practice on the Control of Scheduled Carcinogenic Substances in Commonwealth Employment. This legislative instrument aims to provide practical guidance to employers and employees on managing risks associated with exposure to carcinogens, thereby promoting better occupational health and safety outcomes.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to the Commonwealth, its departments, and associated entities in relation to occupational health and safety (OHS) matters. This legislation is designed to ensure that all employees working for the Commonwealth are provided with a safe and healthy work environment. The Act applies to all Commonwealth employers and employees, which includes individuals and entities employed by the Commonwealth government, its departments, and agencies. This includes contractors and subcontractors who are engaged by the Commonwealth. The Act's provisions extend to all Commonwealth workplaces, irrespective of their geographic location within Australia, thereby ensuring uniform standards for OHS across all Commonwealth employment sectors. The Act does not exclude any industry or type of employment from its scope. However, the revocation of the Approved Code of Practice on Carcinogens and the approval of the new Code of Practice on the Control of Scheduled Carcinogenic Substances in Commonwealth Employment, as detailed in the legislative instrument, reflect specific amendments to the regulatory framework for handling carcinogenic substances within Commonwealth employment. These changes are effective from the date of publication in the Commonwealth of Australia Gazette and are intended to provide updated and improved guidance on managing risks associated with carcinogenic substances.

Key Provisions

This legislative instrument, Notice No. 1 of 1999, issued by the Minister for Employment, Workplace Relations and Small Business, Peter Keaston Reith, revokes an existing Approved Code of Practice on Carcinogens (section 1(i)) and simultaneously approves a new Code of Practice on the Control of Scheduled Carcinogenic Substances in Commonwealth Employment (section 1(ii)). The new Code of Practice is intended to replace the old one and apply generally under the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the "Act"). Under the Act, the primary obligations imposed on entities and individuals revolve around the safe handling and control of scheduled carcinogenic substances. The Act mandates that employers must implement appropriate measures to control exposure to these substances to ensure the health and safety of employees. The new Code of Practice provides detailed guidelines on how to comply with these obligations, including risk assessment, control measures, monitoring, and employee training. It is essential for employers and employees to familiarise themselves with the requirements set out in the approved Code of Practice to maintain a safe working environment. Failure to comply with the provisions of the Act or the approved Code of Practice may lead to various consequences. Under the Act, breaches can result in both civil and criminal penalties. For example, employers who fail to adhere to the health and safety requirements may face fines up to a maximum of $1,650,000 for corporations and $330,000 for individuals, as stipulated in section 47 of the Act. Additionally, officers of a corporation found guilty of an offence under the Act may also face personal criminal liability, with potential penalties including fines and imprisonment. It is crucial for all parties governed by the Act to ensure strict compliance with the legislation and the approved Code of Practice to avoid these severe consequences.