Each State and Territory has a website that describes Workplace Health & Safety Legislation.

Generally, legislation aims to prevent a person's death, injury or illness being caused by a workplace or workplace activities, by eliminating or minimising exposure to risk.

For details on responsibilities and requirements of legislation, click here.

Improving workplace health and safety in workplaces will significantly reduce the human and financial cost of workplace injury and disease.

Workers, their families, employers, industry and community benefit from improved workplace health and safety.

Knowing about the law and how it is enforced can assist you to improve workplace health and safety in your workplace.

Legislation places certain obligations on persons associated with workplaces, including -

• employer
  
• self-employed persons
  
• workers
  
• principal contractors
  
• persons in control of the workplace
  
• designers, manufacturers, importers and suppliers of plant
  
• erectors and installers of certain plant
  
• manufacturers, importers and suppliers of substances and
  
• owners of specified high risk plant.
  

Generally persons at workplaces have the obligation of ensuring their own health and safety as well as the health and safety of others.

Legislation sets up a framework for consultation on workplace health and safety matters at each workplace.
It provides provisions for:

• Safety Committees
  
• Safety Officers and Representatives
  
• Involvement of workers in the decision making process

Government administers the workplace health and safety program.

Its responsibility is to provide information and education by:

• developing health and safety guidance material such as brochures, guides, safety links and health and safety alerts
  
• advising employers and workers about workplace health and safety standards through publications, seminars and the internet
  
• visiting workplaces and resolving complaints
  
• supporting research to help decrease workplace deaths, injuries and illnesses by focusing on the critical issues and major hazards that affect industries
  
• Maintain a workplace health and safety regulatory framework that meets the needs of industry and Government by:
  • working with industry committees and taskforces to develop appropriate workplace health and safety standards and ways of improving compliance, including advisory standards and industry codes of practice
    
  • administering the regulations.

Ensuring compliance within this regulatory framework by:

• conducting safety inspections and blitzes in high-risk industries or for specific hazards
  
• giving verbal directions or instructions to rectify a breach that can be fixed immediately
  
• issuing improvement notices, prohibition notices or on-the-spot fines (infringement notices)
  
• exercising any other authorised powers as provided in the legislation recommending the cancellation or suspension of licences, approvals and certificates
  
• initiating legal action, including prosecution for which there are penalties for breaches.
  

Primarily, the role of an inspector involves monitoring and ensuring compliance with workplace health and safety legislation.

It is also the role of an inspector to provide information and ensure obligation holders comply with their legislative requirements.

Inspectors have extensive knowledge and experience in many industry sectors including construction, manufacturing, rural, diving, health and community services and other service industries.

Inspectors visit workplaces for a variety of reasons including to:

• investigate workplace incidents, accidents and complaints
  
• investigate reports of unsafe or unhealthy conditions and dangerous work practices
  
• assess workplace health and safety risks to workers and members of the public
  
• conduct workplace health and safety audits
  
• provide information and advice on the legislation.

An inspector may inspect and search a workplace, enquire into the circumstances and likely causes of workplace incidents, and take things from workplaces. They can also seize evidence and issue improvement and prohibition notices and on-the-spot fines.

If the inspector finds the employer or an employee in breach of legislation, an improvement notice may be issued.

An improvement notice states the reason why it has been issued and the date by which the problem must be fixed.

If the Inspector finds there is an immediate risk to the health and safety of any person at the workplace, a prohibition notice will be issued.

A prohibition notice states the reason why it has been issued and prohibits the use of whatever was the cause of the problem, for example, a piece of machinery or a toxic chemical.

If you do not fix the problem, prosecution may be the next stage.

A range of penalties including fines and jail sentences can apply depending on the severity of the breach.

It's a Standard, and its full title is:

AS/NZS 4801:2001
Occupational health and safety management systems - Specification with guidance for use.

Specification:

The standard specifies requirements for an occupational health and safety system management system, to enable an organization to formulate a policy and objectives taking into account legislative requirements and information about hazards or risks. It applies to those hazards or risks over which an organisation may exert control and over which it can be expected to have an influence. It does not state specific OHS performance outcomes.

Definition

An Occupational Health and Safety Management System (OHSMS) is defined in AS 4801:2000 as:

" that part of the overall management system which includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the OHS policy, and so managing the OHS risks associated with the business of the organization."

Aims

The overall aim of the system is to support the achievement of the highest levels of OHS performance through systematic elimination of workplace risks. This is designed to lead to a reduction in workplace illness and injury thus minimizing the human and other costs associated with workplace accidents. Legal imperatives, ethical concerns, industrial relations considerations, financial performance and customer and community perceptions are also addressed.

Content

An Occupational Health and Safety Management System (OHSMS) includes various types of documentation. They include policies, general procedures, specific process or risk related procedures and master forms.
Go to your Safety SiteMap, which shows the scope and purpose of your safety documents and procedures.

The Act places certain obligations on persons associated with workplaces, including -

• employer
• self-employed persons
• workers
• principal contractors
• persons in control of the workplace
• designers, manufacturers, importers and suppliers of plant
  
• erectors and installers of certain plant
  
• manufacturers, importers and suppliers of substances and
  
• owners of specified high risk plant.

Generally persons at workplaces have the obligation of ensuring their own health and safety as well as the health and safety of others.

OHSMS Elements Diagram

There are five main elements to the OHSMS, including review, which leads to continual improvement of the system.

1. OHS Policy

An OHS policy sets out the overall OHS objectives and demonstrates a commitment to improving OHS performance. The policy is authorised by the company's top management.

2. Planning

Planning is based on a risk management approach and includes things like:

• Establishing safety performance targets
  
• Financial, material and human resource requirements
  
• Defining roles and responsibilities
  
• Provision of access to legal and other requirements.

3. Implementation

The required resources are applied to achieve the company's OHS policies, objectives and targets. Implementation includes:

• Training and competency
  
• Consultation, communication and reporting
  
• Documentation
  
• Document and data control
  
• Hazard identification, risk assessment and control of risks
  
• Emergency preparedness and response

Much of the documentation in the safety manual relates to this phase.

4. Measurement and Evaluation

The company measures, monitors and evaluates the key characteristics of its operations and activities that can cause illness and injury. This includes:

• Monitoring and surveillance
  
• Incident investigation, corrective and preventive action
  
• Records and record management
  
• OHSMS audits.

5. Management Review

The company's top management reviews the OHSMS annually to ensure its continuing suitability, adequacy and effectiveness.

The Standard is applicable to any organisation that wishes to -

(a) implement, maintain and improve an OHS management system
(b) assure itself of its conformance to its stated OHS policy
(c) demonstrate such conformance to others
(d) seek certification/registration of its OHS management system by an external organisation, or
(e) make a self-determination and declaration of conformance with the Standard.

• it's generic, with broad application
  
• it's a guide only
• it needs to be adapted to suit the needs of an individual business
  
• when preparing an OHS management system, some expertise in understanding the standard, OHS Acts and Legislation, writing procedures, conducting internal audits and hosting external audits is required.
  
  

When used appropriately, it:

• provides a system for organising safety programs, understanding compliance, sharing information and identifying improvements
  
• provides a discipline for planning and delivering safety training, and managing risk
  
• allows your company to be certified to as 8401.
  

Certification status allows you to tender for work where it is a prerequisite, such as high-risk or Government contracts.

Certification has wide marketplace recognition, and can give you "preferred supplier" status and a competitive advantage.

Certification can lead to lower insurance and Workcover premium costs.

The external auditor:

• examines your management procedures and records
  
• assesses compliance to AS 4801 and regulatory requirements
  
• checks that your system is appropriate to your needs AND work environments
  
• checks that your records verify that you do what you say
  
• checks that safety processes are understood by staff
  
• provides a written report, identifying observations and improvements
  
• if satisfied, recommends your business for Certification
  
• prepares a Scope of Registration (the certificate compliance statement).
  

External audits are typically carried out 6 monthly for the first year, then annually thereafter depending on the size of your system, the inherent risks in your business, and how well you comply.

Major triennial audits are performed every 3 years.

Your auditing body provides guidelines on how to display the certification mark and on rules that govern its use.

You can use the logo in your own stationery and brochures; in advertising; on your website; and in data and documents authorised by management.

• trains you in identifying risks and managing hazards in the workplace
  
• helps you write your risk management procedures
  
• advises on compliance with AS 4801 and legislation
  
• ensures it is useful to your staff
  
• helps set up an OHS program
  
• guides initial delivery of the OHS program.