Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Approval (Notice No. 1 of 1992)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted by the Australian Parliament to address the need for a comprehensive framework governing occupational health and safety in the context of Commonwealth employment. The Act was introduced to fill the gap in existing legislation by providing specific provisions for ensuring the health and safety of employees engaged in Commonwealth employment, aligning closely with the broader occupational health and safety standards in Australia. This legislation underscores the Commonwealth’s commitment to maintaining a safe and healthy working environment for its employees, thereby protecting their well-being and productivity. The Act empowers the Minister for Industrial Relations to approve codes of practice which serve as practical guides to achieving the standards of health and safety required under the Act.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to employees of the Commonwealth, including those engaged in the operation of a Commonwealth business or activity, and to their employers. The Act aims to ensure that occupational health and safety is adequately managed within Commonwealth employment. The geographic reach of the Act is limited to the Commonwealth of Australia, meaning it applies specifically to federal entities and employees rather than encompassing state or territory jurisdictions. The Act's application extends through approved codes of practice, which are approved by the Minister for Industrial Relations under Section 70 of the Act. These codes of practice cover various aspects of occupational health and safety, including prevention and management of occupational overuse syndrome, asbestos handling, timber preservatives, manual handling, vinyl chloride, synthetic mineral fibres, and emergency services chemical databases. The codes are intended to apply generally to all relevant workplaces and employees within the scope of Commonwealth employment.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) has been approved by the Minister for Industrial Relations, Peter Cook, through Notice No. 1 of 1992. This notice pertains to Section 70 of the Act and outlines the approval of various codes of practice related to occupational health and safety. These codes of practice, prepared by the Commission, are designed to guide and ensure safe working conditions and practices for employees within the Commonwealth employment sector. They include specific guidelines on the prevention and management of occupational overuse syndrome, the safe removal and control of asbestos hazards, the handling of timber preservatives and treated timber, manual handling, the safe use of vinyl chloride, the safe use of synthetic mineral fibres, and a chemical database for emergency services. Under the Act, as approved by this notice, the codes of practice listed are to be applied generally. This means that all relevant parties, including employers and employees, are expected to adhere to the guidelines set out in these codes to maintain a safe working environment. The general application of these codes ensures that there is a standardised approach to managing occupational health and safety across all Commonwealth employment sectors, thereby reducing risks and promoting a consistent level of safety. Breaches of the provisions outlined in these approved codes of practice may lead to various consequences. While the notice does not detail specific penalties, under the Act, non-compliance with occupational health and safety regulations can result in both civil and criminal liabilities. Employers found to be in breach of the Act may face fines, corrective orders, and in severe cases, imprisonment. Employees who suffer harm due to non-compliance may also have grounds to pursue civil action against their employers for damages resulting from unsafe working conditions. The overarching goal is to enforce adherence to these safety standards to protect the well-being of employees within the Commonwealth employment sector.