Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Revocation and Approval - Notice No. 2 of 1994

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to ensure the health, safety and welfare of employees within the Commonwealth sector. This Act was introduced to address the need for a consistent and effective framework for managing occupational health and safety across various Commonwealth workplaces. The Act is administered by the Parliament of Australia, with a clear policy objective of mitigating risks and preventing workplace injuries and illnesses. In 1994, a notice of revocation and approval was issued to update the existing approved codes of practice related to occupational overuse syndrome, reflecting advancements in understanding and prevention strategies. This legislative instrument aimed to ensure that the approved practices remained current and effective in protecting workers from occupational overuse injuries. Under the authority granted by Section 70(5) of the Act, the Assistant Minister for Industrial Relations, Gary Thomas Johns, revoked the previously approved code of practice concerning occupational overuse syndrome and approved a new code of practice. This change was made to incorporate the latest national standards and best practices, ensuring that Commonwealth employees benefit from the most effective prevention and management strategies available. The updated code of practice is intended to apply generally across all Commonwealth workplaces, underscoring the commitment to maintaining a safe and healthy work environment for all employees within the federal sector.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to all employees and employers within the Commonwealth jurisdiction, ensuring the health, safety, and welfare of individuals in the workplace. This legislation is particularly concerned with the prevention of occupational overuse syndrome (OOS), commonly known as repetitive strain injury (RSI). The Act mandates the establishment and maintenance of safe work environments and the provision of necessary equipment and systems of work to protect employees from health risks associated with their duties. The Act's application is not restricted by geographic boundaries within Australia, meaning it applies nationwide to all Commonwealth employees. The revocation and approval of specific codes of practice, such as the Approved Code of Practice for the Prevention and Management of Occupational Overuse Syndrome and the subsequent Code of Practice for the Prevention of Occupational Overuse Syndrome, are integral to the Act's function, with the approved codes providing detailed guidance on managing and preventing OOS in the workplace. These codes are intended to be applied broadly, ensuring consistency and compliance across all Commonwealth employment sectors.

Key Provisions

The key operative sections of this notice involve the revocation and approval of certain codes of practice under the Occupational Health and Safety (Commonwealth Employment) Act 1991. Specifically, section 70(5) of the Act empowers the Assistant Minister for Industrial Relations to revoke and approve these codes of practice (subsections 70(1) and 70(2)). The notice revokes the existing Approved Code of Practice for the Prevention and Management of Occupational Overuse Syndrome, which had been approved under the National Occupational Health and Safety Commission (NOHSC) (subsection 70(1)). It simultaneously approves a new Code of Practice for the Prevention of Occupational Overuse Syndrome, also declared by the NOHSC, to apply generally across relevant workplaces (subsection 70(2) and (4)(a)). The Act imposes specific obligations and requirements on the parties and entities it governs, including the necessity to adhere to the approved code of practice. Employers, employees, and other relevant parties must comply with the new Code of Practice for the Prevention of Occupational Overuse Syndrome. This entails implementing the guidelines and recommendations set forth in the approved code to ensure workplace safety and health standards are met. Such compliance is critical for mitigating risks associated with occupational overuse syndrome, which can arise from repetitive tasks and poor ergonomic conditions. Failure to comply with the provisions of the Act or the approved code of practice may result in legal consequences. Although the notice itself does not specify penalties or consequences, breaches of the Occupational Health and Safety (Commonwealth Employment) Act 1991 can lead to both civil and criminal liabilities. Civil penalties can include fines, while criminal penalties may involve imprisonment, reflecting the seriousness of non-compliance in protecting workers’ health and safety. The exact penalties would be determined by the courts based on the nature and severity of the breach.