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Legal Issues
Workplace health and Safety
Workplace health and Safety Brochure Division of Workplace Health & Safety bro006v5 A Quick start to the Workplace Health & Safety Act 1995 January 2001 A quick start to the workplace health & safety act 1995 You must meet your obligations under the Act. This can be done in different ways, but you are obliged to take action to Workplace health and safety standards Regulations – some regulations are workplace health and safety standards that either prohibit exposure to a risk or prescribe ways to prevent or minimise To meet your obligations under the Act industry. To meet your obligation under another way if you think it is more suited to your business or work activity. This flexibility is designed to allow you to Industry Codes of Practice – state ways to manage exposure to risks typical in a part of industry. To meet your obligation industry code, although you may adopt another way if you think it is more suited to your business or work activity. This flexibility is designed to allow you to Where there is no regulation, advisory standard or industry code of practice about exposure to a risk, you can meet appropriate way to minimise exposure to a risk. However, you must take reasonable precautions and exercise proper diligence What are the penalties for a breach of If you breach an obligation under the Act Penalties are substantial: the maximum penalty for a breach causing death or grievous bodily harm is $60,000 or 2 years • Following a regulation will provide you with a defence in a prosecution for a • Following an advisory standard or prosecution for breach of an obligation. • If you do not follow an advisory standard or industry code of practice, reasonable precautions and exercised proper diligence in choosing a way to manage exposure to the risk, or that factors over which you had no control. representatives are elected by coworkers issues to their employer. Representatives are entitled to carry out inspections, Brochure Division of Workplace Health & Safety bro006v5 A Quick start to the Workplace Health & Safety Act 1995 January 2001 review the circumstances of work injuries, participate in the workplace health and safety committee. A workplace health and safety representative does not need any experience or special qualifications. Workplace health and safety committees member must be an employer, principal contractor or worker at the workplace. A committee considers health and safety workplace health and safety committee on his or her own initiative, but must do so if Workplace Health and Safety Officers Workplace health and safety officers are appointed by employers and principal educational programs about workplace health and safety, help investigate all work Workplace health and safety officers An inspector may visit your workplace:- • in the course of regular auditing duties to check the effectiveness of • to register high risk plant; • to investigate serious accidents or • to provide advice on managing It is an inspector’s role to ensure compliance with workplace health and An inspector may inspect and search a workplace, inquire into the circumstances and likely causes of workplace incidents and take things from workplaces. They improvement and prohibition notices and The following things must be registered with the Division of Workplace Health and • workplaces (except rural industry registered, the fees that must be paid and Also, certain building and construction work costing $80 000 or more must be notified and the fee paid. The notification and fee is payable at the same time the Construction Industry (Portable Long principal contractors must make a record of every work injury, work-caused illness and dangerous event that happens at their Where there is a serious injury, workcaused Brochure Division of Workplace Health & Safety bro006v5 A Quick start to the Workplace Health & Safety Act 1995 January 2001 notice must be sent to the Division of Workplace Health and Safety. Also, if a 1995 sets out the laws about workplace health and safety for all workplaces, workplace activities and specified high risk plant in Queensland. It does not and a principal contractor at the same time and at the same workplace. In this obligations - those of an employer and a health and safety of each of their workers and the health and safety of themselves. They are also obliged to ensure the health and safety of other people is not adversely conduct their business and work activities. Self-employed people must ensure that their own health and safety and the health and safety of others is not adversely affected by the way the self- employed people conduct their business and work obliged to ensure that the risk of injury or illness is minimised for people coming to work at the workplace. This includes the risk of injury or illness from plant and substances. A person in control of a workplace must also ensure that there is safe access to and from the workplace for Principal contractors at construction workplaces have a number of obligations aimed at ensuring that all work is carried out so as to ensure workplace health and safety and that workplace activities do not involve any risk to the public. The Division of Workplace Health and Safety publishes an information brochure specifically for specified high risk plant) are obliged to ensure that the plant is safe and does not pose a health risk when used properly. Obligations cover the design, construction, testing and examination of plant and the provisions of information about its safe (including specified high risk plant) are obliged to erect or install the plant using safe procedures. They must also ensure that nothing about the way the plant was erected or installed makes it unsafe or a Manufacturers, importers and suppliers of substances to be used at workplaces are obliged to ensure that the substances are safe and without risk to health when used properly. They must also ensure that Owners of specified high risk plant are obliged to ensure that it is maintained so as to be safe and without risk to health Brochure Division of Workplace Health & Safety bro006v5 A Quick start to the Workplace Health & Safety Act 1995 January 2001 instructions given by an employer or deliberately put the workplace health and safety of anyone at risk, injure themselves or misuse anything provided for workplace personal protective equipment if it is provided by an employer and if they have health and safety is not put at risk A workplace is any place where work is performed, or is likely to be performed, by Specified high risk plant is plant that may be a risk to public health and safety, for example, lifts and airconditioning units. The Act has a list of specified high risk • people in control of workplaces • designers, manufacturers, importers • erectors and installers of plant • manufacturers, importers and • owners of specified high risk plant If the Act applies to you, there are workplace health and safety obligations Bibliography:
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