Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2003 (No. 2)

Administered by Department of Employment and Workplace Relations

Legislation au F2003B00328 Regulations Not in force Legislative Instrument

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Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2003 (No. 2) 2003 No. 314

EXPLANATORY STATEMENT

Statutory Rules 2003 No. 314

Issued by the authority of the Minister for Employment and Workplace Relations

Occupational Health and Safety (Commonwealth Employment) Act 1991

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2003 (No. 2)

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) establishes a statutory framework to secure the health and safely of Commonwealth Government employees (including employees of Commonwealth agencies, statutory authorities and Government Business Enterprises) while at work.

Subsection 82(1) of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 23(1) of the Act provides that the regulations may make provision relating to any matter affecting, or likely to affect, the occupational health and safety of employees or contractors, or other persons at or near a workplace.

The National Occupational Health and Safety Commission (NOHSC), established under section 6 of the National Occupational Health and Safety Commission Act 1985, develops National Standards and Codes of Practice to promote uniformity in Australian occupational health and safety schemes. These National Standards and Codes of Practice are given legislative force by relevant State, Territory or Commonwealth occupational health and safety legislation. The Occupational Health and Safety (Commonwealth Employment) (National Standard Regulations 1994 adopt various National Standards declared by NOHSC, to the extent that they are capable of relating to Commonwealth employment. Regulations have been made implementing National Standards in relation to occupational noise, plant, manual handling, hazardous substances, safe working in confined spaces and certification standards for users and operators of industrial equipment.

These Regulations make minor technical housekeeping amendments to update the OHS (CE) (NE) Regulations.

The Regulations:

•       change the reference to measurement of peak noise in subregulation 3.03(3) to make it consistent with the Occupational Noise National Standard;

•       amend an incorrect reference to a subregulation in subparagraph 4.51(3)(d)(i);

•       replace incorrect references to the National Food Authority Act 1991 in paragraph 6.02(3)(b) and the National Occupational Health and Safety Act 1985 in regulation 10.01; and

•       amend regulation 10.01 to correct a drafting mistake and make a minor technical wording change consistent with current drafting practice.

Details of the Regulations are set out in the attachment.

The regulations commence upon gazettal.

0302835A

ATTACHMENT

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) (NATIONAL STANDARDS) AMENDMENT REGULATIONS 2003 (No. 2)

Regulation 1: Name of Regulations

This is a formal provision providing for the name of the Regulations.

Regulation 2: Commencement

This regulation provides that the Regulations commence on gazettal.

Regulation 3: Amendment of Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994

Regulation 3 amends the Occupational Health and Safety (Commonwealth Employment)(National Standards) Regulations 1994 (the Regulations) as set out in Schedule l.

Schedule 1: Amendments

Item 1: Subregulation 3.03 (3)

Part 3 of the Regulations relates to occupational noise. Item 1 replaces the reference to 'Lpeak' in regulation 3.03(3) with a reference to 'LC,peak', consistent with a change made in 2000 to the noise measurement terminology used in the Occupational Noise National Standard.

Item 2: Subparagraph 4.51 (3) (d) (i)

Paragraph 4.51(3)(d)(i) incorrectly refers to subregulation (3). Item 2 replaces this incorrect reference with the correct. reference to subregulation (4).

Item 3: Paragraph 6.02 (3) (b)

Paragraph 6.02(3)(b) refers to the National Food Authority Act 1991. The National Food Authority Act 1991 no longer exists. It was replaced by the Food Standards Australia New Zealand Act 1991.

Item 3 replaces this incorrect reference in paragraph 6.02(3)(b) with the correct reference to the Food Standards Australia New Zealand Act 1991.

Item 4: Regulation 10.01

Part 10 of the Regulations contains the definitions for the Regulations. The Part has been divided into two subsections. Due to a drafting mistake, subsection (1) has not been numbered. Item 4 rectifies this mistake.

Consistent with current drafting practice, Item 4 also removes the words 'unless the contrary intention appears' at the start of subregulation (1).

Item 5: Regulation 10.01, definition of NOHSC

Regulation 10.01 contains a definition for 'NOHSC'. NOHSC is defined as the National Occupational Health and Safety Commission established under section 6 of the National Occupational Health and Safety Act 1985. The name of this Act is incorrect. Item 5 replaces this incorrect reference with a reference to the National Occupational Health and Safety Commission Act 1985.

 

Overview

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2003 (No. 2) were enacted to address minor technical discrepancies and outdated references in the existing Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994. This amendment was made under the authority of the Minister for Employment and Workplace Relations, in line with the provisions of the Occupational Health and Safety (Commonwealth Employment) Act 1991. The policy objective of these amendments is to ensure that the regulations remain consistent with current standards and legislative frameworks, thereby maintaining the integrity and effectiveness of the occupational health and safety regime for Commonwealth employees. The changes include updating terminology to align with the latest national standards, correcting erroneous references to outdated or non-existent legislation, and addressing minor drafting errors to enhance clarity and accuracy.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2003 (No. 2) pertain to the health and safety of employees and contractors in Commonwealth employment, including those of Commonwealth agencies, statutory authorities, and Government Business Enterprises, as established by the Occupational Health and Safety (Commonwealth Employment) Act 1991. These regulations are designed to align with the National Standards developed by the National Occupational Health and Safety Commission, ensuring that workplace health and safety practices within the Commonwealth are consistent with national benchmarks. The regulations specifically address technical updates to previous regulations, correcting references and terminology to ensure accuracy and consistency with current standards and practices. They do not introduce new substantive requirements but are intended to refine existing provisions to reflect legislative and standard changes over time. The regulations apply across the Commonwealth and are enforced through the framework provided by the overarching Act. There are no stated exclusions or exemptions within these amendments, and they do not extend or restrict the application of the primary Act beyond the specified updates and corrections.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2003 (No. 2) (Regulations) are amendments to the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 (OHS (CE) (NS) Regulations 1994). The Regulations make minor technical adjustments to update and correct the OHS (CE) (NS) Regulations 1994. Regulation 3 amends the OHS (CE) (NS) Regulations 1994 as set out in Schedule 1. Schedule 1 contains five items, each addressing specific technical amendments. The Regulations impose obligations on the parties or entities they govern by ensuring that the OHS (CE) (NS) Regulations 1994 align with current National Standards and legislative references. The amendments aim to ensure consistency in terminology and legislative references to avoid confusion or misinterpretation. For example, Item 1 updates the reference to the measurement of peak noise to align with the Occupational Noise National Standard. Item 3 corrects an outdated legislative reference to reflect the current Food Standards Australia New Zealand Act 1991. These amendments ensure that the regulations remain effective and relevant by correcting technical errors and updating references. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Regulations themselves for non-compliance with these amendments. However, the overarching Occupational Health and Safety (Commonwealth Employment) Act 1991 (Act) provides a framework under which non-compliance with occupational health and safety regulations can lead to penalties. Under the Act, non-compliance with occupational health and safety regulations can result in fines. The maximum penalty for a body corporate for breaches of occupational health and safety regulations is generally set out in the relevant state or territory legislation, with penalties varying across jurisdictions. The primary focus of the Regulations is to ensure that the OHS (CE) (NS) Regulations 1994 are technically accurate and consistent with current standards and legislation, rather than imposing new penalties or consequences.

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