Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Approval - Notice No. 2 of 1993

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to address occupational health and safety issues within the Commonwealth employment sector. This Act provides a legislative framework to ensure the health and safety of employees working for the Commonwealth, thereby fulfilling a critical public policy objective of protecting workers' rights and well-being. The Act allows for the establishment of codes of practice and other guidelines to maintain high safety standards in the workplace. The Minister of State for Industrial Relations, Laurence John Brereton, approved the codes of practice through Notice No. 2 of 1993, which incorporated the Code of Practice for Workplace Injury and Disease Recording and the Code of Practice for the Safe Use of Ethylene Oxide in Sterilisation/Fumigation Processes. These codes apply generally across the Commonwealth employment sector, thereby reinforcing the commitment to occupational health and safety.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to the Commonwealth Government and its employees, including those in the Australian Public Service, Defence Force, and other entities and contractors employed by the Commonwealth. The Act's primary purpose is to ensure the health, safety, and welfare of employees in Commonwealth employment by providing a framework for the management of occupational health and safety risks. The Act's jurisdictional reach extends to all activities and workplaces under the control of the Commonwealth. Notably, it does not apply to state or territory government employees or private sector workers, which are governed by their respective state or territory occupational health and safety legislation. The Act provides for the approval of codes of practice that offer practical guidance on how to achieve compliance with the legislative requirements. The codes mentioned in the legislative instrument approved by the Minister are designed to assist in the recording of workplace injuries and diseases, as well as the safe use of ethylene oxide in sterilisation and fumigation processes. These codes, once approved, are incorporated into the Act and form part of the legislative framework governing occupational health and safety in Commonwealth employment.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) has been supplemented by a legislative instrument which approves certain codes of practice and guidance notes for the purposes of occupational health and safety within the Commonwealth employment sphere. Specifically, Section 70 of the Act allows for the approval of codes of practice and guidance notes, and this legislative instrument provides for the approval of two such documents (sections 3 and 4). The first is the Code of Practice for Workplace Injury and Disease Recording, which incorporates the Australian Standard (AS 1885.1 – 1990) and the Worksafe Australia National Standard (NS 002 – 1990) on workplace injury and disease recording. The second is the Code of Practice for the Safe Use of Ethylene Oxide in Sterilisation/Fumigation Processes, which includes the NOHSC Code of Practice for the Safe Use of Ethylene Oxide in Sterilisation/Fumigation Processes [NOHSC: 2008 (1992)] and the Guidance Note for the Safe Use of Ethylene Oxide in Sterilisation/Fumigation Processes [NOHSC: 3016 (1992)]. Additionally, the Guidance Note incorporated in the latter code of practice is approved "as in force". Under the Act, parties or entities subject to its governance are required to adhere to the approved codes of practice. This means that employers, employees, and other relevant stakeholders must comply with the guidelines and standards set out in these documents to ensure a safe and healthy work environment. The approved codes of practice for recording workplace injuries and diseases, as well as for the safe use of ethylene oxide in sterilisation and fumigation processes, are to be followed by all Commonwealth employees and employers. This requirement is set out in section 4 of the legislative instrument, which specifies that the approved codes apply generally. Failure to comply with the approved codes of practice can lead to various consequences. While the Act itself does not explicitly outline offences, penalties, or civil/criminal consequences, the overarching framework of occupational health and safety legislation in Australia typically includes provisions for enforcement and penalties for non-compliance. Non-compliance with occupational health and safety regulations can result in fines, legal action, or other penalties as prescribed by relevant state or territory legislation. Furthermore, serious breaches may also lead to criminal charges, with potential penalties varying based on the severity of the breach and the jurisdiction in which the offence occurred. The intent of these provisions is to ensure adherence to the highest standards of workplace safety and health.