Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment)

Administered by Department of Employment and Workplace Relations

Legislation au F1996B01779 Regulations Not in force Legislative Instrument

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Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment) 1995 No. 98

EXPLANATORY STATEMENT

Statutory Rules 1995 No. 98

Issued by, the Authority of the Assistant Minister for Industrial Relations

Occupational Health and Safety (Commonwealth Employment) Act 1991

Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment)

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (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, may co-operate to address health and safety issues. Pursuant to subsection 82(1) the Governor-General may make regulations for the purpose of the Act.

Subsection 23(1) of the Act provides that the regulations may make provisions relating to any matter affecting, or likely to affect the occupational health and safety of employees or contractors.

Under agreement with the States and Territories, it is proposed to establish regulatory occupational health and safety schemes which are standard across the Commonwealth and the States and Territories.

The regulatory schemes to be adopted are based on national standards and codes of practice developed by the National Occupational Health and Safety Commission (the Commission). Subsection 38(1) of the National Occupational Health and Safety Commission Act 1985 (the NOHSC Act) provides that the Commission may declare national standards and codes of practice relating to occupational health and safety matters.

Subsection 38(2) of the NOHSC Act provides in part that, except as otherwise provided by a law other than that Act, a national standard or code of practice is of advisory character.

In December 1994 the National Occupational Health and Safety (Commonwealth Employees) (National Standards) Regulations (the Regulations) were made. The Regulations comprised the first in a series of packages of regulations being developed from the national standards, with parts covering Competency Requirements and Certification Standards for Users and Operators of Industrial Equipment, and Occupational Noise.

These amending Regulations provide for the next part of the national standards and codes on a legislative basis, by inserting the Manual Handling provisions as Part 5 of the Regulations, to ensure that employers identify, assess and control risks relating to manual handling tasks to prevent the occurrence of injury, and reduce the severity of injuries, resulting from manual handling tasks.

Details of the amending Regulations are attached.

The amending Regulations commence on 30 September 1995.

ATTACHMENT

Details of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment)

COMMENCEMENT

Subregulation 1.1 provides that the regulations are to commence on 30 September 1995.

AMENDMENT

Subregulation 2.1 provides that the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (the Regulations) be amended as set out in these regulations.

PART 5 (Manual Handling)

Subregulation 3.1 inserts a new Part 5 into the Regulations, dealing with manual handling:

Division 1 - Introduction

New subregulation 5.01 defines the object of Part 5, being to prevent the occurrence of injury, and reduce the severity of injuries, resulting from manual handling tasks, and to require employers to identify, assess and control risks relating to manual handling tasks.

Division 2 - Duties of Employers

New subregulation 5.02 prescribes the duties of employers in relation to the design of plant, containers, workplaces, work systems and working environment.

Penalties are prescribed for contraventions of the new subregulation 5.02.

New subregulation 5.03 prescribes the duties of employers in relation to risk assessment.

Penalties are prescribed for contraventions of the new subregulation 5.03.

New subregulation 5.04 prescribes the duties of employers in relation to risk control.

Penalties are prescribed for contraventions of the new subregulation 5.04.

Division 3 - Duties of Employees

New subregulation 5.05 prescribes the duties of employees in relation to the use of training.

Penalties are prescribed for contraventions of the new subregulation 5.05.

PART 10

Subregulation 4.1 amends subregulation 10.1 of the Regulations to include the definition of a number of words and terms used commonly in Part 5 of the Regulations.

ATTACHMENT

Details of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment)

COMMENCEMENT

Subregulation 1.1 provides that the regulations are to commence on 30 September 1995.

AMENDMENT

Subregulation 2.1 provides that the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (the Regulations) be amended as set out in these regulations.

PART 5 (Manual Handling)

Subregulation 3.1 inserts a new Part 5 into the Regulations, dealing with manual handling:

Division 1 - Introduction

New subregulation 5.01 defines the object of Part 5, being to prevent the occurrence of injury, and reduce the severity of injuries, resulting from manual handling tasks, and to require employers to identify, assess and control risks relating to manual handling tasks.

Division 2 - Duties of Employers

New subregulation 5.02 prescribes the duties of employers in relation to the design of plant containers, workplaces, work systems and working environment.

Penalties are prescribed for contraventions of the new subregulation 5.02.

New subregulation 5.03 prescribes the duties of employers in relation to risk assessment.

Penalties are prescribed for contraventions of the new subregulation 5.03.

New subregulation 5.04 prescribes the duties of employers in relation to risk control.

Penalties are prescribed for contraventions of the new subregulation 5.04.

Division 3 - Duties of Employees

New subregulation 5.05 prescribes the duties of employees in relation to the use of training.

Penalties are prescribed for contraventions of the new subregulation 5.05.

PART 10

Subregulation 4.1 amends subregulation 10.1 of the Regulations to include the definition of a number of words and terms used commonly in Part 5 of the Regulations.

 

Overview

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment) 1995 No. 98 were introduced to address gaps in the existing regulatory framework concerning the occupational health and safety of Commonwealth employees. Enacted by the Assistant Minister for Industrial Relations under the authority of the Occupational Health and Safety (Commonwealth Employment) Act 1991, these regulations aimed to establish a uniform set of occupational health and safety standards across the Commonwealth and the States and Territories. In alignment with national standards developed by the National Occupational Health and Safety Commission, the regulations sought to ensure that employers could effectively identify, assess, and control risks associated with manual handling tasks to prevent injuries and reduce their severity. The policy objective was to harmonise occupational health and safety practices across jurisdictions, thereby enhancing the protection of workers’ health and safety in the workplace.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment) 1995 No. 98, issued under the authority of the Assistant Minister for Industrial Relations, seeks to enhance the existing regulatory framework for occupational health and safety within Commonwealth employment by incorporating additional national standards. This amendment applies to Commonwealth employers and employees, and aims to align the occupational health and safety standards across the Commonwealth, states, and territories. The regulations are intended to address risks associated with manual handling tasks by mandating employers to identify, assess, and control potential hazards to prevent injuries and reduce the severity of any resulting injuries. These provisions are intended to complement the existing framework established under the Occupational Health and Safety (Commonwealth Employment) Act 1991, which provides for the health and safety of Commonwealth employees and others at work. The regulations establish specific duties for both employers and employees, with penalties outlined for non-compliance. The regulations commence on 30 September 1995, and they adopt national standards and codes of practice developed by the National Occupational Health and Safety Commission, which are advisory in nature unless otherwise specified by law.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment) 1995 No. 98 introduces a new Part 5 into the existing Regulations, focusing on manual handling (subregulation 3.1). This addition is designed to enhance workplace safety by requiring employers to identify, assess, and control risks associated with manual handling tasks, with the aim of preventing injuries and reducing their severity (subregulation 5.01). For employers, these regulations set forth specific duties regarding the design of plant, containers, workplaces, work systems, and working environments to mitigate manual handling risks (subregulation 5.02). Employers must also conduct thorough risk assessments and implement appropriate risk control measures (subregulations 5.03 and 5.04). Penalties are stipulated for non-compliance with these provisions. Employees, on the other hand, are required to utilise any provided training to safely perform manual handling tasks (subregulation 5.05). Failure to adhere to these obligations may result in prescribed penalties. Under these Regulations, employers have a legal obligation to ensure that all manual handling tasks within their operations are safe and do not pose undue risk to employees. This includes the design and arrangement of workplaces, equipment, and systems to minimise the risk of injury (subregulation 5.02). Employers must conduct risk assessments to identify potential hazards related to manual handling and put in place effective control measures to mitigate these risks (subregulations 5.03 and 5.04). Additionally, employees are required to utilise any training provided to them to safely undertake manual handling tasks (subregulation 5.05). These obligations are integral to maintaining a safe working environment and preventing workplace injuries. Failure to comply with the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment) 1995 No. 98 may result in civil or criminal penalties. Employers who contravene the provisions regarding the design of workplaces, risk assessment, and risk control could face penalties as stipulated in the Regulations. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to occupational health and safety standards. The specific penalties for contraventions are outlined in the Regulations and vary depending on the nature and severity of the breach. In severe cases, criminal charges may also be pursued, leading to potential fines or imprisonment. Ensuring compliance with these regulations is crucial for maintaining workplace safety and avoiding legal repercussions.

Legal classification tags

Area of Law
Occupational Health and Safety Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Duties of Employers
Duties of Employees
Penalties
Manual Handling Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.