The Law Handbook 2024

1075 NOTE The law in this chapter is current as at 1 September 2023. OHS legislation Work Health and Safety Act (Cth) and Comcare The Work Health and Safety Act 2011 (Cth) applies throughout Australia to: • ‘workers’ and contractors of the Commonwealth; • ‘workers’ and contractors of Commonwealth authorities; and • ‘workers’ and contractors of entities that are licensed by the Commonwealth to self-insure for workers’ compensation. Examples of such licensees include Linfox, John Holland and Cleanaway Operations. The Commonwealth regulator is Comcare. Contact Comcare (see ‘Contacts’ at the end of this chapter) to ascertain if a private company is covered by the Work Health and Safety Act 2011 (Cth) or the Occupational Health and Safety Act 2004 (Vic). Occupational Health and Safety Act (Vic) and WorkSafe In Victoria, the health and safety of most employees (who are not employed by the Commonwealth or otherwise covered by the Work Health and Safety Act 2011 (Cth), see above) are regulated by the Occupational Health and Safety Act 2004 (Vic) (‘ OHS Act 2004 ’). The OHS Act 2004 applies to all workplaces in Victoria and covers all workers, including: • contractors; • the self-employed; • out-workers; and • state government employees. The OHS Act 2004 (s 2) aims to: • secure the health, safety and welfare of employees; • secure the health, safety and welfare of other people at work; • ensure that the health and safety of the public are not placed at risk by the conduct or undertakings of employers and self-employed people; • eliminate risks at the source; and • involve employees, employers and representative associations in the formulation and implementation of health, safety and welfare standards. Important ‘principles of health and safety protection’ are included in section 4 of the OHS Act 2004. An important principle is that employees, other people at work, and members of the public are entitled to be given ‘the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances’. The OHS Act 2004 is administered by WorkSafe Victoria, which operates to ensure that workplace parties comply with legal requirements. Since 2009, a national process has been underway that has led to new laws covering occupational health and safety throughout Australia, except in Victoria. The Victorian Government has stated that it will not implement these new laws as the additional costs to businesses associated with their introduction are not justified. OHS Regulations The ‘general duties’ imposed in Part 3 of the OHS Act 2004 are supplemented by a broad range of specific duties in the OHS Regulations made under this Act. On 18 June 2017, a new set of consolidated OHS Regulations came into operation (‘ OHS Regulations 2017 ’). Some of these regulations apply to all workplaces, while other regulations are specific to hazards. The wide range of hazards and risks addressed in the OHS Regulations 2017 include plant, hazardous substances, asbestos, confined spaces, manual handling, and major hazardous facilities. Breach of an OHS Regulation is a summary offence. The maximum fine for an offence against Occupational health and safety 11.7 Contributor: Stella Gold, Barrister