Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1992 No. 244
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 244
(Issued by the Authority of the Minister for Industrial Relations)
Occupational Health and Safely (Commonwealth Employment Act 1991
Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment)
Section 82 of the Occupational Health and Safe (Commonwealth Employment) Act 1991 (the OHS Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 16 of the OHS Act provides that the Act, other than Parts 1 and 2 and section 82, shall apply to an employee who ordinarily performs his or her work at a particular place, not being Commonwealth premises, only if the regulations so provide, and subject to such modifications and adaptations as are set out in the regulations.
A significant number of Australian Capital Territory (ACT) public servants are transitional staff under section 3 of the A.C.T. Self-Government (Consequential Provisions) Act 1988 (the CP Act) and are, by virtue of subsection 21 (1) of the CP Act, employed under the Public Service Act 1922.
Transitional staff are, therefore, also employees for the purposes of section 9 of the OHS Act and are currently covered by Parts 1 and 2 and section 82 of the OHS Act, but because they work in premises owned or occupied by the Australian Capital Territory Executive, and not the Commonwealth, regulations are required to ensure that they are fully covered by the Act . The proposed regulations contain some minor modifications of the OHS Act as it will apply to transitional staff.
Details of the regulations are as follows.
Regulation 3 inserts a new regulation 38, which applies the OHS Act, as modified by Schedule 4 of the Occupational Health and Safety (Commonwealth Employment) Regulations, to employees who are members of the transitional staff.
Regulation 4 adds Schedule 4, which contains the modifications of the OHS Act which apply in relation to members of the transitional staff. The only modification of substance, contained paragraphs 3 and 4 of the Schedule, provides for reports (required by sections 65 and 66 of the OHS Act) to be made to the Chief Minister of the ACT as well as to the Federal Minister for Industrial Relations.
Overview
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1992 No. 244, issued by the authority of the Minister for Industrial Relations, addresses the legislative gap concerning the application of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (OHS Act) to transitional staff of the Australian Capital Territory (ACT). The OHS Act was enacted to ensure safe and healthy working conditions for employees under the Commonwealth; however, transitional staff employed under the Public Service Act 1922 and working in ACT premises were not explicitly covered by the regulations. The regulations amend the existing framework to ensure these employees are fully protected under the OHS Act, with necessary modifications to align with ACT governance, including the reporting of incidents to the Chief Minister of the ACT alongside the Federal Minister for Industrial Relations. This amendment rectifies the oversight by extending the protective scope of the OHS Act to transitional staff, thereby fulfilling the policy objective of maintaining consistent occupational health and safety standards across different jurisdictions.
Scope and Application
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1992 No. 244 applies to transitional staff under section 3 of the A.C.T. Self-Government (Consequential Provisions) Act 1988, who are employed under the Public Service Act 1922 and work in premises owned or occupied by the Australian Capital Territory Executive. These regulations ensure that the Occupational Health and Safety (Commonwealth Employment) Act 1991, excluding Parts 1 and 2 and section 82, applies to these transitional staff. The regulations modify the Act to ensure transitional staff are fully covered, including requiring reports mandated by sections 65 and 66 of the OHS Act to be made to the Chief Minister of the ACT as well as the Federal Minister for Industrial Relations. This amendment is designed to extend the jurisdictional reach of the OHS Act to transitional staff working in ACT-owned or occupied premises.
Key Provisions
The Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1992 No. 244 introduces significant changes to ensure that transitional staff under the Australian Capital Territory (ACT) Public Service Act 1922 are fully covered by the Occupational Health and Safety (Commonwealth Employment) Act 1991 (OHS Act). Regulation 3 adds a new regulation 38, which specifies that the OHS Act, as modified by the regulations, applies to employees who are members of the transitional staff. This means that these employees, who perform their work in ACT premises rather than Commonwealth premises, are now subject to the OHS Act, ensuring their occupational health and safety is protected in the same way as other Commonwealth employees.
The obligations imposed by these regulations on the parties involved are primarily focused on ensuring compliance with occupational health and safety standards. Employers of transitional staff must now adhere to the requirements set out in the OHS Act and its regulations, which include the duty to provide a safe working environment, ensure proper training, and maintain health and safety records. Additionally, the Act requires employers to report any incidents or hazards as specified in the amended regulations. Transitional staff, in turn, are obligated to follow health and safety procedures and report any unsafe conditions or incidents to their employers.
The regulations also introduce specific modifications to the OHS Act as it applies to transitional staff. The most significant modifications are outlined in Schedule 4, particularly in paragraphs 3 and 4, which mandate that reports required by sections 65 and 66 of the OHS Act must be made to both the Chief Minister of the ACT and the Federal Minister for Industrial Relations. This dual reporting requirement ensures that both the ACT and Commonwealth governments are informed of any health and safety issues or incidents involving transitional staff.
In terms of consequences for non-compliance, the Occupational Health and Safety (Commonwealth Employment) Regulations (Amendment) 1992 No. 244 does not explicitly detail specific offences or penalties within the explanatory statement. However, under the OHS Act, breaches of occupational health and safety regulations can result in substantial penalties. For corporations, the maximum penalty can be up to $1.65 million, while for individuals, the maximum penalty is generally $330,000. These penalties underscore the importance of adhering to the Act and its regulations to avoid severe legal and financial repercussions.