OHS summary

• proper training of employees and labour hire staff;
• adequate supervision;
• safe and appropriate equipment; and
• safe systems of work.

The content of the legislation is comprehensive, and each Act has individual differences, but their basic provisions tend to be similar in each case. The following provisions appear in each one:

• Employers have a duty to provide a safe and healthy workplace for all employees and other people who attend the workplace.
• Employers must provide work systems that are safe and without risk to health.
• Employers should train employees to work in a safe and competent manner.
• Requirements to take steps to prevent injury, illness and disease.
• Requirements to consult with employees and their representatives over OHS matters.
• Provisions for workplace inspectors to visit workplaces, investigate accidents and enforce provisions of the legislation.

Regulations

The Acts are backed up with comprehensive regulations and codes of practice that cover specific aspects of OHS in detail, such as first-aid requirements, protective clothing and equipment, consultation with employees, formation of OHS committees and appointment of OHS representatives, a wide range of specific hazards (such as hazardous substances, dangerous goods, manual handling, fire safety and emergency evacuation, spray painting, demolition work, handling asbestos, etc), competency requirements (eg for operation of certain equipment or performance of certain types of work), employee training, notification of accidents and incidents, and OHS record-keeping.

This list is not exhaustive, and you should check for a list of all regulations and codes of practice that may apply to your business.

You should also check awards and agreements that cover employees, as these sometimes contain OHS provisions.

Common law duties

As well as the legislative requirements outlined above, employers have a common law duty to manage all foreseeable risks of injury at work and to provide:

• competent staff (which means attention to training them and ensuring they have permits/certificates to use certain equipment or machinery where they are required);
• sufficient workers to perform the work safely;
• a safe place to work and safe work systems/methods; and
• proper and safe work plant, equipment and resources.

Duties of employees and contractors

Not all OHS responsibilities rest with the employer. The legislation requires employees to take reasonable care of their own safety and health (and that of others), to work safely and follow safety procedures and rules, to report any OHS hazards or other problems to the employer, and to cooperate with OHS inspections, investigations and training.

Contractors have OHS responsibilities to their own employees, but some cases have held that the ‘host’ employer (ie in charge of the workplace where contractors were working) can be liable for injuries to contractors, even if the contractor had caused them.

It is therefore good practice to at least inform contractors of your OHS practices and requirements, and better still to actively include them in OHS activities such as training.

Other issues

Generally, compliance with an employer's obligation to employees and others will also include:

• proper training of employees and labour hire staff
• adequate supervision
• identifying, assessing and controlling (by removal, isolation, substitution or risk reduction) all potential hazards and risks at the workplace – this includes work processes and work systems and is widely referred to as ‘risk management’
• safe and appropriate work equipment
• developing and issuing OHS policies that promote safe practices generally and encourage a ‘safety culture’ at work
• regular inspections and audits of the workplace, preferably in consultation with employees.