5.7 Occupational Health and Safety
An organisation entering into a service agreement must be aware of and able to provide an appropriate documented system to demonstrate compliance with its occupational health and safety obligations as employers under all relevant State and Federal law, including the Occupational Health and Safety Act 2004. Of particular note are sections 21(1), 21(2) 21(3) 22 and 23 of the Occupational Health and Safety Act.
Key to providing a safe work place is applying the principles of the OHS Act 2004. These are:
- The importance of health and safety requires that employees, other persons at work and members of the public be given the highest level of protection against risks to their health and safety that is reasonably practicable in the circumstances.
- Persons who control or manage matters that give rise or may give rise to risks to health or safety are responsible for eliminating or reducing those risks so far as is reasonably practicable.
- Employers and self-employed persons should be proactive, and take all reasonably practicable measures, to ensure health and safety at workplaces and in the conduct of undertakings.
- Employers and employees should exchange information and ideas about risks to health and safety and measures that can be taken to eliminate or reduce those risks.
- Employees are entitled, and should be encouraged, to be represented in relation to health and safety issues.
Schedule 1 of the service agreement sets out the requirements of an organisation to comply with all State and Federal law relevant to its operation.
Information sheet
The department requires that all organisations have occupational health and safety systems in place to manage their obligations and duty of care under the Occupational Health and Safety Act 2004. Any organisation system must enable an audit to ensure compliance with the Act.Employer obligations (Section 21 Duties of Employers to Employees)
- Section 21 covers the duties of employers toward their employees.
- Section 21 (1) requires an employer to provide and maintain, so far as is reasonably practicable for employees, a working environment that is safe and without risks to health.
- Section 21 (2) sets out specific duties as examples of what is necessary to comply with the general duty.
- Section 21 (3) duties of employers are to employees including independent contractors and their employees. These duties are limited to matters over which the employer has, or should have, control, or would have had control but for any agreement between the employer and the independent contractor to the contrary.
- Section 22 describes duties of employers to monitor health and conditions.
- Section 23 an employer must ensure, so far as is reasonably practicable, that persons other than employees of the employer are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer.
Employee obligations (Section 25)
Employee obligations under the Act are covered in section 25. This requires that:
- An employee must take reasonable care for his or her own health and safety and for the health and safety of anyone else who may be affected by his or her acts or omissions at the workplace, and to cooperate with his or her employer with respect to any action taken by the employer to comply with any requirements imposed by or under this Act. In addition, employees must not wilfully or recklessly interfere with or misuse safety equipment that is provided. They must not wilfully put at risk the health and safety of others.
Consultation Part 4: Sections 35 (1 and 2) and 36 (1,2 and 3)
The OHS Act 2004 clearly defines the duty employers have to consult with staff and/or health and safety representatives on a range of OHS issues, including making decisions about risk controls, adequacy of facilities and any changes to the workplace, plant or conduct of work that may directly impact on the safety or health of employees.
Issue resolution (Section 73)
Section 73 requires the employer or their representative, and the employees affected by the issue, and/or a designated work group in relation to which the issue has arisen, to work to resolve the health and safety issues at that workplace.
A health and safety issue may include any:
- item in the general duties section of the Act
- hazard or potential hazard, and
- procedural issue relating to health and safety does not necessarily imply the existence of a health and safety dispute. Issues can be resolved through the prescribed procedure set out in the section 78 of the OHS Act 2004, or through an agreed procedure, which provides a step-by-step process to enable the speedy and effective resolution of health and safety issues.
Manual handling
Occupational Health and Safety (Manual Handling) Regulations 2007 Part 3.1 Manual Handling emphasise the identification, assessment, control and review of manual handling risks. All organisations should address their manual handling issues by (as a minimum) ensuring compliance to this part of the regulations.
Manual handling in the workplace is any task or situation that requires physical effort such as operating or using or doing a task, for example, a computer keyboard, cleaning a floor, moving equipment, moving clients into baths and vehicles, pushing a trolley and so on.
Effective occupational health and safety management
An effective health and safety program will include managing key sector risks such as manual handling, occupational assault and stress and, as a minimum:
- specifically designated personnel to be responsible for occupational health and safety functions and activities
- documented occupational health and safety policies and procedures, including safe work procedures and emergency procedures
- appropriate training and information in health and safety for all staff
- an established incident reporting and investigation process, including hazard identification and control mechanisms
- appropriate consultative procedures, and
- monitoring and review processes.
When developing an occupational health and safety program, refer to the Victorian WorkCover Authority (VWA) Safety MAP program or AS4804 and AS4801.
Notification of incidents to the Victorian WorkCover Authority
Under the Occupational Health and Safety Act 2004 Part 5 Duties relating to incidents:
- Section 37 defines the incidents to which part 5 applies
- Section 38 explains the requirements of the 'Duty to notify', and
- Section 39 describes the requirement to preserve the site.
Note: Relevant incident(s) must be reported to WorkCover by calling 132 360, immediately after becoming aware of the incident and written notification must be provided within 48 hours.
Further information
A Guide to the Occupational Health and Safety Act 2004 can be obtained from the local VWA office. The VWA also provides advice on all workplace health and safety issues. The VWA contact telephone number is 03 9641 1444. Toll free 1800 136 089.
Copies of Victorian Acts and Regulations can be purchased from Information Victoria on 1300 366 356.