Occupational Health and Safety (Commonwealth Employment) Act 1991 - Notice of Revocation and Approval - Notice No. 2 of 1999

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 was enacted to address the specific occupational health and safety concerns related to employees of the Commonwealth. This Act provides a legislative framework to ensure safe and healthy working conditions for these employees. The Minister for Employment, Workplace Relations and Small Business, Peter Reith, issued a notice on 3 March 1999, revoking the previously approved Code of Practice on the Control and Safe Use of Inorganic Lead at Work, which had been in effect since 1995. The revocation was necessary to align with updated safety standards and to introduce a revised Code of Practice on the Control and Safe Use of Inorganic Lead in Commonwealth Employment. This revised code was approved to apply generally for the purposes of the Act, reflecting the ongoing commitment to maintaining high standards of occupational health and safety within Commonwealth employment.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to Commonwealth employment and all persons and entities engaged in or in connection with Commonwealth employment. This includes employees, employers, contractors, and any other individuals or entities involved in activities under the Commonwealth's jurisdiction. The Act aims to ensure the health and safety of individuals in the workplace, particularly focusing on the control and safe use of inorganic lead. Geographically, the Act applies to the Commonwealth of Australia, impacting all areas where the Commonwealth has employment responsibilities. The Act may be extended or restricted through subordinate instruments such as codes of practice, which provide detailed guidelines and standards for specific hazards and risks. The revocation and approval of the Code of Practice on the Control and Safe Use of Inorganic Lead in Commonwealth Employment reflects the ongoing efforts to maintain and update safety standards in line with current knowledge and practices.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 has undergone a significant update through Notice No. 2 of 1999, issued by the Minister for Employment, Workplace Relations and Small Business. This notice revokes the previous Approved Code of Practice on the Control and Safe Use of Inorganic Lead at Work, Notice No. 1 of 1995 (subsection 70(1)) and approves a new Code of Practice on the Control and Safe Use of Inorganic Lead in Commonwealth Employment. This new code is intended to apply generally for the purposes of the Act, effective from the date of its publication in the Commonwealth of Australia Gazette. This transition aims to ensure that current safety standards are in line with the most recent occupational health and safety practices. The new Code of Practice on the Control and Safe Use of Inorganic Lead in Commonwealth Employment imposes several obligations on parties and entities governed by the Act. Employers are required to implement measures to ensure the safe use of inorganic lead in their workplaces. This includes providing appropriate training and information to employees, maintaining safety equipment, and ensuring that lead exposure is monitored and controlled. Employers must also ensure that employees are aware of the risks associated with lead exposure and understand the safety measures in place. These obligations are intended to create a safer working environment and to prevent health issues related to lead exposure. Failure to comply with the provisions of the Act and the new Code of Practice can result in various penalties and consequences. Under the Act, breaches may lead to civil or criminal liability, depending on the nature and severity of the breach. For instance, employers who fail to implement necessary safety measures or provide adequate training may face fines and legal action. The maximum penalties for breaches can be significant, reflecting the importance of adhering to occupational health and safety regulations. In criminal cases, individuals found guilty of serious breaches may face imprisonment, highlighting the seriousness with which the law regards non-compliance with safety standards. In summary, Notice No. 2 of 1999 represents a crucial update to the Occupational Health and Safety (Commonwealth Employment) Act 1991, introducing a new Code of Practice aimed at ensuring the safe use of inorganic lead in Commonwealth employment. This legislative update imposes clear obligations on employers and employees, requiring adherence to updated safety standards and practices. Failure to comply with these provisions can result in severe penalties, including fines and potential criminal charges, underscoring the importance of strict compliance with occupational health and safety regulations.