Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 3) 2001 No. 270
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 270
Issued by the authority of the Minister for Employment, Workplace Relations and Small Business
Occupational Health and Safety (Commonwealth Employment) Act 1991
Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 3)
Subsection 82(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 15 of the Act provides that where employees ordinarily perform their work at places which are not Commonwealth premises, then the relevant provisions [Parts 3, 4, 4A and 5 (except section 82)] of the Act only apply if the Regulations so provide, subject to modifications (if any) as are set out in the Regulations. The remaining provisions of the Act apply where employees ordinarily perform their work at places which are not Commonwealth premises.
In June 1993 the Occupational Health and Safety (Commonwealth Employment) Regulations 1991 (the principal Regulations) were amended by the insertion of Regulation 38A and Schedule 5. Regulation 38A applies Parts 3, 4, 4A and 5 of the Act to employees of the Australian Quarantine Inspection Service (AQIS) who are appointed as authorised officers under section 20 of the Export Control Act 1982 or under section 32 of the Meat Inspection Act 1983, and who work in non-Commonwealth workplaces.
The amendment Regulations also apply Parts 3, 4, 4A and 5 of the Act, as modified by Schedule 5, which makes miscellaneous amendments to give effect to an extended coverage of the Act, to specified AQIS employees. The specified AQIS employees are those appointed as officers under section 40 of the Imported Food Control Act 1992 and officers appointed under subsection 9AA(3) or authorised under section 9A of the Quarantine Act 1908. The specified AQIS employees in the regulations are in addition to those AQIS employees already covered by all parts of the Act since 1993.
The Regulations ensure that all AQIS employees working in non-Commonwealth premises are provided with the full coverage of the Act to secure their health, safety and welfare at work.
More details of the Regulations are attached.
The Regulations commenced on gazettal.
ATTACHMENT
PROPOSED OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) AMENDMENT REGULATIONS 2001 (NO. 3)
Regulation 1
This is a formal provision that sets out the name of the Regulations.
Regulation 2
This Regulation provides that the Regulations commenced on gazettal.
Regulation 3
Regulation 3 is a formal provision, stating that the Occupational Health and Safety (Commonwealth Employment) Regulations 1991 (the principal Regulations) are amended as provided for in Schedule 1.
Schedule 1 - Amendments
Item 1
Item 1 replaces the existing subparagraph 38A(1)(a)(ii) with new subparagraphs 38A(1)(a)(ii) -(v). The effect of these new subparagraphs is to extend the application of Parts 3, 4, 4A and 5 of the Occupational Health and Safety (Commonwealth Employment) Act 1991, as modified by Schedule 5 to the principal Regulations, to an employee who ordinarily works as an authorised officer at a place that is not Commonwealth premises and who is:
• an authorised officer under section 40 of the Imported Food Control Act 1992;
• an authorised officer under section 32 of the Meat Inspection Act 1983;
• appointed as a quarantine officer under subsection 9AA(3) of the Quarantine Act 1908; or
• appointed or authorised as a temporary quarantine officer under section 9A of the Quarantine Act 1908.
Item 2
Item 2 amends the heading to Schedule 5 of the principal Regulations to reflect the amendments made by item 1.
Overview
The Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 3) were enacted to address the need for consistent occupational health and safety provisions for employees working in non-Commonwealth premises. This legislation was introduced by the Australian Parliament and is an amendment to the Occupational Health and Safety (Commonwealth Employment) Act 1991. The primary objective of these regulations is to ensure that all employees working outside Commonwealth premises are afforded the same health and safety protections as those working on Commonwealth premises. The regulations extend the application of specific parts of the 1991 Act to additional categories of employees who work in non-Commonwealth settings, thus enhancing their coverage under occupational health and safety provisions. These amendments were made to provide comprehensive safety measures to all relevant employees, irrespective of the location of their workplace.
Scope and Application
The Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 3) extend the application of the Occupational Health and Safety (Commonwealth Employment) Act 1991 to additional employees of the Australian Quarantine Inspection Service (AQIS) who work in non-Commonwealth premises. These Regulations were made under the authority of the Minister for Employment, Workplace Relations and Small Business, and they apply to AQIS employees who are authorised officers under various Acts, including the Export Control Act 1982, the Meat Inspection Act 1983, the Imported Food Control Act 1992, and the Quarantine Act 1908. The primary aim of these Regulations is to ensure that these specified AQIS employees receive comprehensive coverage under the Act, thereby securing their health, safety, and welfare while performing their duties in non-Commonwealth workplaces. The Regulations came into effect on the date of their gazettal.
Key Provisions
The Occupational Health and Safety (Commonwealth Employment) Amendment Regulations 2001 (No. 3) provide modifications to the existing regulations, ensuring that additional employees of the Australian Quarantine Inspection Service (AQIS) are covered under the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) (regs 1-3). Specifically, the Regulations extend the application of certain parts of the Act (Parts 3, 4, 4A, and 5) to AQIS employees who are appointed as authorised officers under specific Acts and work in non-Commonwealth premises (reg 3, sch 1, item 1). These parts of the Act cover a range of occupational health and safety requirements to protect the health, safety, and welfare of employees at work. The Regulations ensure that all AQIS employees working in non-Commonwealth premises are provided with the full coverage of the Act to secure their health, safety, and welfare at work (reg 3, sch 1, item 1).
The Regulations impose several obligations and requirements on the parties they govern. Firstly, they require employers to ensure the health, safety, and welfare of their employees, which includes providing a safe work environment and implementing measures to prevent injury or illness (reg 3, sch 1, item 1). Secondly, they require employees to comply with health and safety policies and procedures set by their employer and to report any hazards or incidents that could affect their safety (reg 3, sch 1, item 1). Thirdly, they require employers to consult with their employees on health and safety matters, including the development of policies and procedures (reg 3, sch 1, item 1). Finally, they require employers to keep records of any incidents or hazards and to report them to the relevant authorities if necessary (reg 3, sch 1, item 1).
The Regulations do not specify any offences, penalties, or civil or criminal consequences for breach. However, failure to comply with the requirements of the Act may result in legal action being taken against the employer, which could include fines, imprisonment, or both (s 82). The maximum penalty for contravening the Act is a fine of up to $1,260,000 for a corporation and up to $252,000 for an individual (s 82). In addition, employers who fail to comply with their obligations under the Act may be subject to other legal consequences, such as lawsuits from employees who are injured or become ill as a result of the employer's failure to provide a safe work environment (s 82).