Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No. 1)

Administered by Department of Employment and Workplace Relations

Legislation au F1999B00066 Regulations Not in force Legislative Instrument

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Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No. 1) 1999 No. 66

EXPLANATORY STATEMENT

Statutory Rules 1999 No. 66

Minister for Employment, Workplace Relations and Small Business

Occupational Health and Safety (Commonwealth Employment) Act 1991

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No. 1)

Subsection 82(1) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) provides that the Governor-General may make regulations required or permitted by the Act to be made. Section 23 of the Act provides that regulations may make provisions relating to any matter affecting the occupational health and safety of employees, contractors or other persons at or near a workplace

The Act provides for the health and safety of Commonwealth employees and others at work and establishes a framework within which Commonwealth employers, employees and involved unions cooperate to address health and safety issues.

To promote uniformity in Commonwealth, State and Territory occupational health and safety schemes, the National Occupational Health and Safety Commission develops national standards and codes of practice. These national standards and codes of practice are 'declared' under subsection 3 8(1) of the National Occupational Health and Safety Commission Act 1985 and may be given legislative force by relevant occupational health and safety legislation. The mechanism for giving legislative effect to the standards and codes for Commonwealth employees is found in section 70 of the Act.

Section 70 of the Act provides that 'declared' national standards and codes of practice, that are relevant to Commonwealth employment, should be incorporated either into approved codes of practice, or into regulations. The approved codes of practice provide Commonwealth employers with practical guidance in relation to the implementation of national standards. The regulations impose obligations arising from the national standards.

Currently Part 6 of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (the Regulations) incorporates national standards relating to the control of hazardous substances in the workplace. On 3 March 1999, two new codes of practice were approved by the Minister under section 70 of the Act. They are the:

*       Approved Code of Practice on the Control of Scheduled Carcinogenic Substances in Commonwealth Employment,

*       Approved Code of Practice on the Use of Inorganic Lead in Commonwealth Employment.

The regulations amend Part 6 of the Regulations to insert the regulatory provisions that:

*       prohibit the use of a number of hazardous substances with carcinogenic properties, except in specified permitted circumstances (Schedule 1, Part 2 inserted by item 35); and,

*       require a determination of whether a job is a lead-risk job where a job involves the use of an inorganic lead substance (item 23); and,

*       ensure that records are kept about an employee's exposure to inorganic lead and specified carcinogenic substances (Schedule IA), and that employees have access to those records (items 27, 28 and 29). -

The regulations also provide a method by which employers may be granted an exemption from the prohibition on the use of hazardous substances identified in Schedule 1 to the Regulations (item 22).

More details of the amending regulations are attached.

The regulations commence on gazettal.

ATTACHMENT

DETAILS OF THE OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) (NATIONAL STANDARDS) AMENDMENT REGULATIONS 1999 (No. 1)

Regulation 1 -        Name of regulations

This is a formal provision that provides the name for the amending regulations.

Regulation 2 -        Commencement

This regulation provides that the amending regulations would commence on gazettal.

Regulation 3 -       Amendment of Occupational Heath and Safety (Commonwealth

Employment) (National Standards) Regulations

Regulation 3 is a formal provision which provides that the Occupational Heath and Safety (Commonwealth Employment) (National Standards) Regulations (the Regulations) are amended as set out in Schedule 1.

SCHEDULE 1        Amendments

Item 1        Regulation 1.01

This provision omits the current citation provision in the regulations and inserts a new provision. New Regulation 1.01 provides that the Regulations may be cited as the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994. The year 1994 is the year when the Regulations were originally made.

Item 2        Part 6, Division 1, heading

The amendments provide a new Divisional structure for Part 6 of the Regulations. Currently Part 6 consists of three Divisions. Division 1 contains all the operative provisions while Divisions 2 and 3 do not contain any provisions. Divisions 2 and 3 were originally intended to cover carcinogenic substances and inorganic lead. As the amending regulations ensure that substantive provisions dealing with carcinogenic substances and inorganic lead will be dealt with by amending Division 1, the current Divisional structure is not necessary. As a result, this item removes a heading that is no longer necessary.

Item 3        Part 6, Division 1, Subdivision A, heading

Consistent with the new Divisional structure described above, this regulation removes the reference to Subdivision A, and inserts a new heading: 'Division 1 - Introduction'.

Item 4        Regulation 6.01, heading

Consistent with the new Divisional structure described above, this regulation replaces a reference to the 'Objects of Division V, with difference to the Objects of Part 6.

Item 5        Regulation 6.01

Consequential on the new Divisional structure described above, this amendment provides a reference to the Part, and not the Division.

Item 6        Regulation 6.01

Notes occurring after regulation 6.01 make reference to various documents that are incorporated into the Approved Code of Practice for the Control of Workplace Hazardous Substances.

This item amends the notes by including two new codes of practice that were approved by the Minister under section 70 of the Act, on 3 March 1999. They are the:

*       Approved Code of Practice on the Control and Safe Use of Inorganic Lead in Commonwealth Employment; and

*       Approved Code of Practice on the Control of Scheduled Carcinogenic Substances in Commonwealth Employment.

Item 7        Regulation 6.02, heading

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 8        Regulation 6.02(1)

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 9        Regulation 6.02(2)

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 10        Paragraph 6.02(2)(a)

This item corrects a technical error.

Item 11        Regulation 6.02(2)

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 12        Regulation 6.03, heading

Regulation 6.03 contains a number of definitions that are used in Part 6 of the Regulations. Consistent with the new Divisional structure described above, this item replaces a reference to the Division, with a reference to the Part in the heading.

Item 13        Regulation 6.03

Consistent with the new Divisional structure described above, this item replaces a reference to the Division with a reference to the Part.

Item 14        Regulation 6.03, definition of hazardous substance, paragraph (b)

This item makes a technical amendment.

Item 15        Regulation 6.03, definition of hazardous substance, paragraph (b)

A definition of hazardous substance is included in regulation 6.03. Hazardous substance means a substance that is described in a list of Designated Hazardous Substances, produced by the National Occupational Health and Safety Commission (NOHSC), or has been determined

cup to be a hazardous substance by reference to criteria approved by NOHSC.

This item amends the definition hazardous substance so that it also includes a 'scheduled carcinogenic substance'. The expression 'scheduled carcinogenic substance' refers to a substance listed in Schedule 1A to the Regulations. Schedule IA is inserted by Item 34 of the amending regulations.

Item 16        Regulation 6.03

This item adds a number of new definitions including blood-lead level, bona fide research, inorganic lead substance, lead-risk job and removal level.

Item 17        Regulation 6.03

Consequent on the new Divisional structure explained above this item replaces the existing heading with: 'Division 2 - Duties of a manufacturer, and a supplier, of a hazardous substance for the Commonwealth'.

Item 18        Paragraph 6.06(2)(a)

Subregulation 6.06(1) of the Regulations requires a supplier of a hazardous substance to give to an employer certain safety information concerning the substance. Subregulation 6.06(2) of the Regulations provides an exception to this requirement, including where the substance is supplied to certain employers in a consumer package that holds less than a prescribed weight or quantity of the substance.

This item amends subregulation 6.06(2) to make clear that the exception applies where it is the supplier that supplies the hazardous substance to the employer.

 

Overview

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No. 1) were enacted to address the need for updated regulatory provisions concerning hazardous substances in the workplace, particularly focusing on carcinogenic substances and inorganic lead. The Regulations amend the existing Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994, which were established to incorporate national occupational health and safety standards into Commonwealth employment practices. This amendment was introduced to align with newly approved codes of practice and to ensure that the regulations reflect current standards and practices in managing workplace hazards. The Regulations were made under the authority of the Occupational Health and Safety (Commonwealth Employment) Act 1991 by the Minister for Employment, Workplace Relations and Small Business, aiming to enhance the protection of Commonwealth employees' health and safety by enforcing stricter controls on hazardous substances and providing clearer guidelines for their management and use.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No. 1) pertain to the health and safety of Commonwealth employees and others at work, specifically focusing on the control of hazardous substances such as carcinogenic substances and inorganic lead in the workplace. The regulations amend the existing Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994, incorporating new national standards and codes of practice approved by the Minister under section 70 of the Occupational Health and Safety (Commonwealth Employment) Act 1991. These amendments ensure that the control of hazardous substances in Commonwealth employment aligns with the latest national standards. The regulations apply to all Commonwealth employers and employees, as well as contractors and other persons at or near a workplace within the Commonwealth jurisdiction. They provide for the prohibition of using certain hazardous substances unless in specified circumstances, require the identification of lead-risk jobs, and mandate the maintenance of records regarding employees' exposure to inorganic lead and specified carcinogenic substances. Additionally, the regulations establish a process for granting exemptions from the prohibitions on hazardous substances. The regulations commence on gazettal and do not specify any exclusions or exemptions, but they do provide a method for employers to apply for exemptions where applicable.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 1999 (No. 1) (the Regulations) implement changes to the existing Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994. These amendments are primarily focused on incorporating new national standards and codes of practice concerning the control of hazardous substances in the workplace, particularly those with carcinogenic properties and inorganic lead. The Regulations introduce new provisions to prohibit the use of certain hazardous substances, require assessments of jobs involving lead, and mandate record-keeping of employees' exposure to hazardous substances. These changes are designed to align with the latest national standards and to enhance the safety of Commonwealth employees. The Regulations impose several obligations on Commonwealth employers. Firstly, they must adhere to the prohibition on using hazardous substances with carcinogenic properties, except under specific circumstances outlined in Schedule 1, Part 2. Employers are also required to determine whether a job is a lead-risk job, which involves the use of inorganic lead, as per the new provisions. Additionally, employers must maintain records of employees' exposure to inorganic lead and specified carcinogenic substances, ensuring these records are accessible to the employees themselves. These obligations are aimed at ensuring a safer working environment by controlling exposure to hazardous substances. Breaches of the Regulations may result in various consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is typical for breaches of occupational health and safety regulations to be subject to both civil and criminal penalties. Civil penalties often include fines, while criminal penalties may result in more severe sanctions, depending on the nature and severity of the breach. Employers found in violation of these provisions could face legal action, fines, or other penalties as determined by the relevant authorities. The exact penalties would be stipulated in the corresponding sections of the Occupational Health and Safety (Commonwealth Employment) Act 1991 and any applicable state or territory legislation.

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