Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Amendment and Approval - Notice No. 1 of 1995

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted by the Commonwealth Parliament to ensure the health, safety, and welfare of employees in Commonwealth workplaces. The Act aimed to provide a framework for the management of occupational health and safety by setting out duties and obligations for employers and employees, and by establishing mechanisms for consultation and enforcement. The 1995 Notice of Amendment and Approval further refined the application of the Act by updating and approving various codes of practice to address evolving workplace hazards and safety standards. The policy objective underpinning these amendments was to maintain a safe and healthy work environment for all Commonwealth employees, adapting to new standards and technologies as they emerged.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to the Commonwealth of Australia and its territories, governing occupational health and safety for Commonwealth employees. The Act focuses on ensuring safe and healthy working conditions for employees and includes provisions for the development and approval of codes of practice, which are essential for maintaining safety standards. These codes are applicable generally across all relevant industries within the Commonwealth's jurisdiction and are designed to cover a broad range of occupational health and safety issues. The Act allows for the amendment and approval of these codes by the Assistant Minister for Industrial Relations, ensuring that they remain relevant and effective in protecting workers' health and safety. The legislative instrument referenced here amends existing codes of practice and approves new ones, extending the application of these practices to ensure comprehensive safety measures are in place for Commonwealth employees.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) has been amended and updated through a legislative instrument to revise and incorporate various codes of practice. Specifically, section 70(1) of the Act allows for the amendment and approval of codes of practice related to occupational health and safety in the workplace. The amendments include the revocation of certain standards and the addition of new ones (subsection 70(1)). For example, the Approved Code of Practice on Manual Handling has replaced the NOHSC National Standard for Manual Handling, and the Approved Code of Practice on Interior Lighting and Visual Display Units has replaced Australian Standard AS 2713-1987 with Australian Standard AS 1680.2.2-1994 (subsection 70(1)(a) and (b)). Additionally, several new codes of practice have been approved under section 70(1) of the Act, including those related to confined spaces, limiting occupational exposure to ionising radiation, control of workplace hazardous substances, safe use of inorganic lead, and carcinogens. The Act imposes certain obligations on employers, employees, and other parties to adhere to the approved codes of practice. These obligations are designed to ensure a safe and healthy work environment, including compliance with standards for manual handling, lighting, visual display units, confined spaces, and exposure to hazardous substances. Employers must ensure that their workplace complies with the approved codes of practice and provide necessary training and resources to employees. Employees, in turn, have a responsibility to follow safety procedures and report any hazards or incidents to their employer. Failure to comply with the provisions of the Act or the approved codes of practice can result in various penalties and consequences. Under the Act, breaches of occupational health and safety provisions can lead to civil or criminal liability. For example, employers found in breach of their duty of care under section 21 of the Act may face fines up to $1.65 million for corporations and $330,000 for individuals (subsection 125(1)). Additionally, officers of the corporation who are responsible for the breach may also face personal fines and imprisonment. The specific penalties and consequences for breaches depend on the nature and severity of the breach and are outlined in the relevant sections of the Act.