Australia - 2013

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Yes.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

  • 2.2.1.1 Migrant workers

    Summary/citation: Migrant workers are clearly covered by the definition of 'worker'.

    • Work Health and Safety Act 2011 No 10. (§ 7)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    

  • 2.2.1.2 Domestic workers

    Summary/citation: Domestic workers are clearly covered by the definition of 'worker'.

    • Work Health and Safety Act 2011 No 10. (§ 7)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    

  • 2.2.1.3 Home workers

    Summary/citation: Home workers are clearly covered by the definition of 'worker'.

    • Work Health and Safety Act 2011 No 10. (§ 7)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: A self employed worker is a 'person conducting a business or undertaking' (see sections 5 and 19(5)); and is also included in the defintion of a 'worker' - thus a self-employed worker both owes the primary duty of care (section 19) and is owed the primary duty of care.

    • Work Health and Safety Act 2011 No 10. (§§ 5, 7, 19)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Included.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 2.4.2 Construction

  Summary/citation: Included.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 2.4.3 Services

  Summary/citation: Included.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 2.4.4 Public sector

  Summary/citation: Included.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 2.4.5 Other

  Summary/citation: Included.

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Yes.
  

  • Workers Compensation Act 1987 (No. 70). (§ 19)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Yes.
  

  • Workers Compensation Act 1987 (No. 70).

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The general functions of the Authority include:
  (a) to be responsible for ensuring compliance with the work health and safety legislation,
  (b) to be responsible for the day to day operational matters relating to the schemes to which any such legislation relates,
  (c) to monitor and report to the Minister on the operation and effectiveness of the work health and safety legislation, and on the performance of the schemes to which that legislation relates,
  (d) to undertake such consultation as it thinks fit in connection with current or proposed legislation relating to any such scheme,
  (d1) to monitor and review key indicators of financial viability and other aspects of any such schemes,
  (e) to report and make recommendations to the Minister on such matters as the Minister requests or the Authority considers appropriate.
  [...]
  (3) In exercising its functions, the Authority must:
  (a) promote the prevention of injuries and diseases at the workplace and the development of healthy and safe workplaces, and
  [...]
  (d) ensure the appropriate co-ordination of arrangements for the administration of the schemes to which the work health and safety legislation relates.

  • Workplace Injury Management and Workers Compensation Act 1998 No 86. (§ 22)

• 3.1.2 Chairperson and composition

  Summary/citation: The agency is a statutory corporation.

  • Workplace Injury Management and Workers Compensation Act 1998 No 86. (§ 14)

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: To conduct and publish research relating to OHS and workers' compensation in order to inform the development or evaluation of policies in relation to those matters.

  • Safe Work Australia Act 2008 (No. 84, 2009). (§ 6)

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: Safe Work Australia is an independent statutory agency. It has 15 members, including an independent Chair and the CEO of Safe Work Australia. Nine members represent the Commonwealth and each State and Territory, two members represent the interests of workers, and two represent the interests of employers.

  • Safe Work Australia Act 2008 (No. 84, 2009).

• 3.2.3 Source of funding

  Summary / Citation: Safe Work Australia is jointly funded by the Commonwealth, state and territory governments through an Intergovernmental Agreement signed in 2008.

  Remarks / comments: For more information, please refer to the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety (http://www.coag.gov.au/sites/default/files/OHS_IGA.pdf)

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: Safe Work Australia includes two members representing the interests of workers and two members representing the interests of employers among others.

  • Safe Work Australia Act 2008 (No. 84, 2009). (§§ 10-16)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Yes.
  

  • Work Health and Safety Act 2011 No 10. (§ 19(3)(g))

  • Work Health and Safety Regulation 2011 [2011-674]. (Chapter 7 Part 7.1, Division 6 and Part 7.2 Division 4; Chapter 8, Part 8.5, Division 1)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: A person conducting a business or undertaking has a duty to make arrangements for and to provide first aid.

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 42)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 4.8.2 Sanitary installations

  Summary / Citation: A person conducting a business or undertaking has a duty to provide and maintain adequate facilities.

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 41)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 4.8.3 Drinking water

  Summary / Citation: A person conducting a business or undertaking has a duty to provide and maintain adequate facilities, including drinking water. A PCBU also owes duties where it is necessary for the PCBU to provide accommodation.

  • Work Health and Safety Act 2011 No 10. (§ 19(4))

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 41)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 4.8.4 Rest and eating areas

  Summary / Citation: A person conducting a business or undertaking has a duty to provide and maintain adequate facilities, including eating areas and, arguably, rest areas. A PCBU also owes duties where it is necessary for the PCBU to provide accommodation.

  • Work Health and Safety Act 2011 No 10. (§ 19(4))

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 41)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  No data available.
  

• 5.1.2 Appointment of a person for health and safety

  No data available.
  

• 5.1.3 Written risk assessment

  Summary/citation: Where a hazard is addressed by the regulations, the person conducting a business or undertaking must conduct a risk assessment, although there is no explicit requirement that all risks assessments must be in writing.

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 34)

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: A person conducting a business or undertaking must ensure, so far as is reasonably practicable:
  (a) the provision and maintenance of a work environment without risks to health and safety; and
  [...]
  (c) the provision and maintenance of safe systems of work.
  

  • Work Health and Safety Act 2011 No 10. (§ 19(3))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 5.1.5 Training and information on risks

  Summary/citation: A person conducting a business or undertaking must ensure, so far as is reasonably practicable: [...](f) the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking; [...].

  • Work Health and Safety Act 2011 No 10. (§ 19(3))

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 39)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: Where a hazard is addressed by the regulations, the person conducting a business or undertaking must review control measures.

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 38)

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: A 'person conducting a business or undertaking must, so far as is reasonably practicable, consult […] with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety.’ Consultation is required at all stages of the risk management process, including:
  (a) when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the business or undertaking;
  (b) when making decisions about ways to eliminate or minimise those risks;
  (c) when making decisions about the adequacy of facilities for the welfare of workers;
  (d) when proposing changes that may affect the health or safety of workers;
  (e) when making decisions about the procedures for:
  (i) consulting with workers;
  (ii) resolving work health or safety issues at the workplace; or
  (iii) monitoring the health of workers; or
  (iv) monitoring the conditions at any workplace under the management
  or control of the person cnducting a business or undertaking; or
  (v) providing information and training for workers; or
  (f) when carrying out any other activity prescribed by the regulations for the purposes of this section.
  

  • Work Health and Safety Act 2011 No 10. (§§ 47, 49)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  No data available.
  

  • 6.1.1.1 Qualifications of experts or professional services

    No data available.
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  Summary / Citation: If a worker ceases dangerous work, the worker must remain available to ‘carry out suitable alternative work’. In the period until the worker can resume normal duties, the PCBU may direct the worker to carry out suitable and safe alternative work at the same or another workplace. If safe and suitable alternative work is not available, there is no legal impediment to the PCBU continuing to pay the worker, or the worker accepting payment from the PCBU, unless the PCBU is an ‘employer’ and the worker is an ‘employee’ and the cessation does not fall within the ‘health and safety’ exclusion from the definition of ‘industrial action’ in federal legislation section 19(2)(c) of the Fair Work Act 2009 (Cth).

  • Work Health and Safety Act 2011 No 10. (§ 87, 19(2)(c))

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The functions of Safe Work Australia include developing national policy relating to OHS; developing and overseeing the implementation of the Model Work Health and Safety Act, Regulations and Codes of Practice; revising and further developing the National OHS Strategy; and developing and promoting national strategies to raise awareness of OHS.

  • Safe Work Australia Act 2008 (No. 84, 2009). (§ 6)

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: Safe Work Australia has 15 members, including an independent Chair, nine members representing the Commonwealth and each State and Territory, two members representing the interests of workers, two representing the interests of employers, and the Chief Executive Officer of Safe Work Australia.   

  • Safe Work Australia Act 2008 (No. 84, 2009). (§§ 10-16)

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  No data available.
  

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: An OSH representative has the right to inspect the workplace or any part of the workplace at which a worker in the work group works. The representative has the right to inspect at any time without notice, in the event of an incident, or any situation involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard. An OSH representative may also conduct routine inspections after giving reasonable notice.

  • Work Health and Safety Act 2011 No 10. (§ 68(2)(a))

• 8.4.2 Right to access OSH information

  Summary / Citation: An OSH representative has the right ‘to receive information concerning the work health and safety of workers in the work group’.

  • Work Health and Safety Act 2011 No 10. (§§ 68(2)(f), 68(3), 70(1)(c), 71(2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 8.4.3 Right to be present at interviews

  Summary / Citation: An OSH representative has the right to be present at interviews involving a single worker, or a group of workers, represented by the HSR, provided that the interviewed worker, or one of the group of workers, consents to the HSR’s presence.

  • Work Health and Safety Act 2011 No 10. (§§ 68(2)(c)(d), 70(1)(d)(e))

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: An OSH representative may, whenever necessary, request the assistance of any person.

  • Work Health and Safety Act 2011 No 10. (§§ 68(2)(g), 70(1)(g), 71(5))

• 8.4.5 Right to accompany inspectors

  Summary / Citation: An OSH representative has the right to accompany an inspector during an inspection of the workplace or part of the workplace at which a worker in the work group works. The person conducting a business or undertaking must permit a health and safety representative for the work group to accompany an inspector during an inspection of any part of the workplace where a worker in the work group works.

  • Work Health and Safety Act 2011 No 10. (§§ 68(2)(b), 70(1)(h))

• 8.4.6 Right to use facilities

  Summary / Citation: A person conducting a business or undertaking must provide any resources, facilities and assistance to an OSH representative for a work group that are reasonably necessary or prescribed by the regulations to enable the representative to exercise his or her powers or perform his or her functions.

  • Work Health and Safety Act 2011 No 10. (§ 70(1(f))

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: A person conducting a business or undertaking must allow an OSH representative to spend such time as is reasonably necessary to exercise their powers and to perform their functions under the Act.

  • Work Health and Safety Act 2011 No 10. (§ 70(2))

• 8.4.8 Right to issue remedial notices

  Summary / Citation: An OSH representative may issue a provisional improvement notice if the representative reasonably believes that a person is contravening the Act or regulations.

  • Work Health and Safety Act 2011 No 10. (§ 90)

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: If ‘a matter about work health and safety arising at the workplace or from the conduct of the business or undertaking’ is not resolved after discussion between the parties to the issue, the parties must make reasonable efforts to achieve a timely, final and effective resolution of the issue in accordance with their relevant agreed procedure, or if there is no agreed procedure, the default procedure prescribed in the regulations.

  • Work Health and Safety Act 2011 No 10. (§ 81)

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: A worker, or an OSH representative, is empowered to stop work that exposes the worker, or workers in the work group respectively, to a serious risk.

  • Work Health and Safety Act 2011 No 10. (§§ 83-89)

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  Summary / Citation: An authorised trade union officers or employees may enter workplaces to investigate suspected work health and safety offences or to consult and advise workers.

  • Work Health and Safety Act 2011 No 10. (§§ 116-151)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  Summary / Citation: A work health and safety (WHS) entry permit holder who ‘reasonably suspects’ before entering the workplace that a contravention of the model Model ActWork Health and Safety Bill has occurred or is occurring may enter a workplace for the purpose of inquiring into the suspected contravention if it relates to, or affects, ‘a relevant worker’.

  • Work Health and Safety Act 2011 No 10. (§ 117)

• 8.5.3 Right to consult with workers

  Summary / Citation: A WHS entry permit holder may enter a workplace (after giving notice of the proposed entry to the relevant PCBU during the usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry ) to consult on work health and safety matters with one or more relevant workers who wish to participate in the discussion.

  • Work Health and Safety Act 2011 No 10. (§ 121)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 8.5.4 Right to advise workers

  Summary / Citation: A WHS entry permit holder may enter a workplace (after giving notice of the proposed entry to the relevant PCBU during the usual working hours at that workplace at least 24 hours, but not more than 14 days, before the entry ) to provide advice on those matters to, one or more relevant workers who wish to participate in the discussion.

  • Work Health and Safety Act 2011 No 10. (§ 121)

• 8.5.5 Right to initiate enforcement action

  Summary / Citation: A trade union secretary can initiate prosecutions for contraventions that place union members at a serious risk of death, injury or disease.

  • Work Health and Safety Act 2011 No 10. (§§ 230(1)(c), 230(3)(6))

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The constitution of the health and safety committee may be agreed between the PCBU and the workers at the workplace, but if there are OSH representatives at the workplace, they must choose one of their number (provided the chosen representative consents) as a member; and at least half of the members of the committee must be workers who are not nominated by the PCBU.

  • Work Health and Safety Act 2011 No 10. (§ 76)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 8.6.2 Conditions for establishing a joint OSH committee

  No data available.
  

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: The functions of a health and safety committee are:
  (a) to facilitate co-operation between the PCBU and workers in instigating, developing and carrying out measures designed to ensure the workers' health and safety at work;
  (b) to assist in developing standards, rules and procedures relating to health and safety that are to be followed or complied with at the workplace; and
  (c) such other functions as are prescribed by the regulations or agreed between the PCBU and the committee.
  

  • Work Health and Safety Act 2011 No 10. (§ 77)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: The regulations address a range of issues to do with chemicals, including packing, labelling and safety datat sheets, storage, use and imposes duties on a wide range of parties, including persons conducting businesses or undertakings, manufacturers and suppliers.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 328-418)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: These issues are covered by the primary duty of a person conducting a business or undertaking (PCBU), and by a 'further' duty that requires a PCBU who is a designer, manufacturer, importer or supplier of substances to ensure, as far as is reasonably practicable, that the substance is without risks to the health and safety of the persons who use the substance for its primary intended purpose as well as those persons involved in carrying out other reasonably foreseeable activities related to the intended purpose. The duties also require designers, manufacturers, importers or suppliers to carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty, and to pass on relevant information to other persons working on or with the substance. These issue are also addressed by the regulations.

  • Work Health and Safety Act 2011 No 10. (§§ 19, 22-25)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 9.2.3 Pesticides

  Summary / Citation: The regulations addressing hazardous materials include provisions in relation to pesticides.

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 354, Schedule 9, 14, 18B)

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: The regulations contain provisions addressing ionising radiation.

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 223, Schedule 10)

• 9.4.2 Vibration and noise

  Summary / Citation: The regulations set out an exposure standard for noise, provisions managing risks from hearing loss, and impose duties on a range of parties.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 56-59)

• 9.4.3 Working at height

  Summary / Citation: The regulations provide detailed provisions for managing the risk of fall.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 78-80)

• 9.4.4 Working in confined spaces

  Summary / Citation: The regulations regulate risks from work in confined spaces.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 62-77)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: A person conducting a business or undertaking at a workplace has a duty to provide and maintain adequate and accessible facilities.

  • Work Health and Safety Regulation 2011 [2011-674]. (§ 41)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: The primary duty of care implicitly addresses heat and cold; and the regulations specifically require persons conducting a business or undertaking to ensure that workers carryiing out work in extremes of heat or cold are abole to carry out work without risks to health and safety.

  Remarks / comments: Please see also the Work Health and Safety Regulation 2011, (New South Wales) Clause 40.

  • Work Health and Safety Act 2011 No 10. (§ 19)

• 9.4.7 Fire risks

  Summary / Citation: The regulations address fire in provisions for emergency plans.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 43, 359)

• 9.4.8 Tobacco

  Yes.
  

  • Smoke-free Environment Act 2000 (No 69).

• 9.4.9 Asbestos

  Summary / Citation: Asbestos is regulated by the regulations.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 419-529)

  Related CEACR Comments
  • Asbestos Convention, 1986 (No. 162) Direct Request 2018
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: There are not specific provisions addressing HIV in the workplace. However, workers have a general duty to protect others.

  • Work Health and Safety Act 2011 No 10. (§ 28)

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: There are not specific provisions addressing psychosocial risks. However, the primary duty of care covers psychosocial risks.

  • Work Health and Safety Act 2011 No 10. (§ 19)

• 9.5.2 Occupational violence

  Summary / Citation: There are not specific provisions addressing occupational violence in the workplace. However, the primary duty of care covers it.

  • Work Health and Safety Act 2011 No 10. (§ 19)

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: The regulations comprehensively regulate risks from machinery and tools.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 185-288)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: These issues are covered by the primary duty of a person conducting a business or undertaking (PCBU), and by a 'further' duty that requires a PCBU who is a designer, manufacturer, importer or supplier of plant to ensure, as far as is reasonably practicable, that the plant is without risks to the health and safety of the persons who use the plant for its primary intended purpose as well as those persons involved in carrying out other reasonably foreseeable activities related to the intended purpose. The duties also require designers, manufacturers, importers or suppliers to carry out, or arrange the carrying out of, any calculations, analysis, testing or examination that may be necessary for the performance of the duty, and to pass on relevant information to other persons working on or with the plant. These issue are also addressed by the regulations.

  • Work Health and Safety Act 2011 No 10. (§§ 19, 22-25)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Designers, manufacturers, importers or suppliersmust pass on relevant information to persons working on or with the plant.

  • Work Health and Safety Act 2011 No 10. (§§ 22-25)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  Summary / Citation: The regulations contain provisions requiring machinery to be purchased from authorised or certificated suppliers, and that certain machinery must be approved or ceritificated in a particular way.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 243-288)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: The regulations addressing plant address these issues.

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 243-288)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: Part 5

    • Work Health and Safety Regulation 2011 [2011-674].

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: There are not specific provisions addressing pregnant women protection. However, pregnant workers are protected by the primary duty of care.

  • Work Health and Safety Act 2011 No 10. (§ 19)

• 9.8.2 Protection of lactating women at work

  Summary / Citation: There are not specific provisions addressing lactating women protection. However, lactating workers are protected by the primary duty of care.

  • Work Health and Safety Act 2011 No 10. (§ 19)

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: There are no provisions limiting access by women to specific occupations because such provisions are considered to be in contravention of equal opportunity provisions. Rather health and safety issues particular to women are addressed by the PCBU's general duty which requires the individual circumstances of the workers to be addressed.

  • Work Health and Safety Act 2011 No 10. (§ 19)

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: The Children’s Guardian regulates the employment of children under 15 years of age in entertainment, exhibition, still photography and door-to-door sales, and under 16 years of age for any types of modelling. There are no provisions in the work healtha nd safety legislation limiting access by young people to specific occupations because such provisions are considered to be in contravention of equal opportunity provisions. Rather health and safety issues particular to young people are addressed by the PCBU's general duty which requires the individual circumstances of the workers to be addressed.

  • Children and Young Persons (Care and Protection) Act 1998 No 157.

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: A person conducting a business or undertaking must keep a record of each incident required by the Act to be reported.

  • Work Health and Safety Act 2011 No 10. (§§ 35, 36, 38(7))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 10.1.2 Near miss incidents

  Summary / Citation: A person conducting a business or undertaking must keep a record of each incident not resulting in an injury required by the Act to be reported.

  • Work Health and Safety Act 2011 No 10. (§§ 35, 37, 38(7))

• 10.1.3 Occupational diseases

  Summary / Citation: A person conducting a business or undertaking must keep a record of diseases required by the Act to be reported.

  • Work Health and Safety Act 2011 No 10. (§§ 35, 36, 38(7))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: An inspector may at any time enter a place that is, or that the inspector reasonably suspects is, a workplace. This entry may be made with, or without, the consent of the person with management or control of the workplace. If an inspector enters a place and it is not a workplace, the inspector must leave the place immediately. Furthermore, an inspector may enter any place if the entry is authorised by a search warrant.

  Remarks / comments: An inspector may enter residential premises to gain access to a workplace (see § 170(c)).

  • Work Health and Safety Act 2011 No 10. (§§ 163)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: An inspector may inspect and examine any thing (including a document) at the workplace; bring to the workplace, and use at the workplace, any equipment or materials that may be required; take measurements, conduct tests and make sketches or recordings (including photographs, films, audio, video, digital or other recordings); and take and remove for analysis a sample of any substance or thing without paying for it.

  • Work Health and Safety Act 2011 No 10. (§ 165)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  

• 11.2.3 Power to investigate

  No data available.
  

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: An inspector may provide information and advice about compliance with the Act.

  • Work Health and Safety Act 2011 No 10. (§ 160)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: An inspector may issue an improvement notice where the inspector reasonable believes that there has been a contravention of the Act or regulations.

  • Work Health and Safety Act 2011 No 10. (§ 191)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act, being an offence prescribed by the regulations as a penalty notice offence. A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.

  • Work Health and Safety Act 2011 No 10. (§ 243)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: The OSH Act addresses suthorisations required for workplaces, plant and substances, work activities and qualifications and experience; including revoking or suspending these authorisations.

  • Work Health and Safety Act 2011 No 10. (§§ 40-45)

  • Work Health and Safety Regulation 2011 [2011-674]. (§§ 81-112)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: Inspectors have the power to issue prohibition notices to stop work that poses an immediate exposure to a serious risk.

  • Work Health and Safety Act 2011 No 10. (§ 195)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2012
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2018
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: Proceedings for an offence against the Act may only be brought by the regulator or an inspector with the written authorisation of the regulator.

  • Work Health and Safety Act 2011 No 10. (§ 230(1))

• 11.3.6 Power to conduct prosecutions

  Summary / Citation: Proceedings for an offence against the Act may only be brought by the regulator or an inspector with the written authorisation of the regulator.

  • Work Health and Safety Act 2011 No 10. (§ 230(1))

• 11.3.7 Other enforcement powers

  Summary / Citation: The regulator has the power to accept enforceable undertakings where a duty holder has breached the OSH Act.

  • Work Health and Safety Act 2011 No 10. (§§ 216-222)

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: The maximum fines for a corporation is A$3 million (US$2,730,000), for a reckless contravention of a general duty exposing another person to a high level of risk.

  • Work Health and Safety Act 2011 No 10. (§ 31)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: The maximum fines for an individual is A$600,000 ($US564,000) for a reckless contravention of a general duty exposing another person to a high level of risk.

  • Work Health and Safety Act 2011 No 10. (§ 31)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.3 Non-financial sanctions

  Summary / Citation: Sanctions might include court-ordered publicity, orders to carry out OSH projects, court-ordered enforceable undertakings, orders for restoration, injunctions, and training orders.

  • Work Health and Safety Act 2011 No 10. (§§ 234-242)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.4 Criminal liability

  Summary / Citation: Offences are categorized according to the level of seriousness and imprisonment and financial sanctions are foreseen by the law.

  A person commits a Category 1 offence if the person has a health and safety duty, and the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness, and the person is reckless as to the risk to an individual of death or serious injury or illness. (§ 31)

  A person commits a Category 2 offence if the person has a health and safety duty, and the person fails to comply with that duty, and the failure exposes an individual to a risk of death or serious injury or illness. (§ 32)

  A person commits a Category 3 offence if the person has a health and safety duty, and the person fails to comply with that duty. (§ 33)
  

  • Work Health and Safety Act 2011 No 10. (§§ 31-33)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: The maximum term of imprisonment for an individual 5 years, for a reckless contravention of a general duty exposing another person to a high level of risk.

  • Work Health and Safety Act 2011 No 10. (§ 31)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2016
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016