Occupational Health and Safety (Commonwealth Employment) (Code of Practice) Notice 2005 (No. 1)

Overview

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) was enacted to provide for the occupational health and safety of employees of the Commonwealth and its agencies. The Act aims to ensure a safe and healthy working environment for Commonwealth employees. The Minister for Employment and Workplace Relations has the authority to approve, amend, or revoke codes of practice under section 70 of the Act, with the primary policy objective being to provide practical guidance to those with a duty of care under the Act and associated regulations. This guidance is intended to be followed unless an alternative method achieves the same or better health and safety standards. In 2005, a notice was issued to revoke the existing Approved Code of Practice on Noise, which was based on the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2000)], and to approve a new Code of Practice on Noise, adopting the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2004)]. The revised code incorporates technical updates but does not introduce new safety requirements, aiming to enhance practical tools such as the noise identification checklist to better assist employers and employees in identifying noise hazards within Commonwealth workplaces.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to the conduct and transactions of persons and entities engaged in Commonwealth employment, meaning it governs occupational health and safety practices within workplaces that fall under the jurisdiction of the Commonwealth government. The Act’s reach extends nationally, applying to all workplaces where the Commonwealth is the employer. Its purpose is to ensure practical guidance is provided to those with a duty of care under the Act and associated regulations, although adherence to the approved codes of practice is not mandatory if an alternative method achieves the same or better standard of health and safety. Importantly, while failure to comply with an approved code of practice does not result in civil or criminal liability, such non-compliance can be used as admissible evidence in proceedings related to breaches of the Act or its regulations. The Act allows the Minister for Employment and Workplace Relations to approve, amend, or revoke codes of practice, with the current focus being on the revocation of the existing Approved Code of Practice on Noise and the approval of a new one that adopts the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2004)].

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (section 70(1)) enables the Minister for Employment and Workplace Relations to approve codes of practice for occupational health and safety. This Act allows for the revocation of existing codes and the approval of new ones, as seen in Notice No. 1 of 2005, which revoked the Approved Code of Practice on Noise based on the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2000)] and approved a new version based on the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2004)]. This new code is designed to offer practical guidance to persons with a duty of care under the Act and associated regulations, providing a framework for managing noise and protecting hearing at Commonwealth workplaces. Approved codes should be followed unless a better or equivalent standard of health and safety can be achieved by other means. Under section 70, the obligations of the Act include the provision of practical guidance and ensuring that the approved codes of practice are followed where they provide an effective means to achieve health and safety standards. Section 70(7) further stipulates that a copy of any approved code of practice must be available for examination on request at the offices of the Safety, Rehabilitation and Compensation Commission (SRC Commission). The codes are also admissible as evidence in proceedings under the Act and associated regulations (section 71), although failure to comply with the code itself does not result in civil or criminal liability (subsection 70(8)). Nevertheless, non-compliance with the approved code of practice can be used as evidence of a breach of the Act or regulations. The new Approved Code of Practice on Noise, which adopts the National Code of Practice for Noise Management and Protection of Hearing at Work [NOHSC: 2009 (2004)], introduces some technical updates and clarifications without imposing new safety requirements. The changes are aimed at enhancing the effectiveness of noise management in Commonwealth workplaces. The SRC Commission undertook consultations and garnered support for this new code, which includes practical tools such as a noise identification checklist to help employers and employees identify noise hazards. The Act's provisions ensure that these updated guidelines are made available for reference and that their relevance and utility in Commonwealth workplaces are acknowledged and implemented.