Model Occupational Health and Safety (OHS) Legislation Overview

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					Model Occupational Health and
  Safety (OHS) Legislation

      Overview for the
      Northern Territory
NT Legislation

• From 1 July 2008 OHS parts of Work Health Act were
  replaced by Workplace Health and Safety Act

Includes Regulations for
• Mines Safety (was Mining Management Act)
• Electrical Safety

Change from 2008 to 2011 will be lessened.
Key Themes for Model Act
Eight objectives - the prism through which the Act is read

1. To protect workers and other persons against harm to their health,
   safety and welfare through the elimination or minimisation of
   hazards and risks arising from work…..

    • Health, safety and welfare – not just health and safety – recognises
      changing nature of workplace injury and disease – includes issues like
      stress, work life balance, hours of work, bullying etc
Key Themes cont.

2. To provide for fair and effective workplace representation,
    consultation, cooperation and issue resolution in relation to
    occupational health and safety

    • Elected Health and Safety Representatives and Deputies
    • Training obligations for employers
    • Powers but not duties including Provisional Improvement Notices
Key Themes cont.

3. To encourage unions and employer organisations to take a
    constructive role in promoting improvements in occupational health
    and safety and welfare practices and assisting persons conducting a
    business or undertaking and workers to achieve a healthier and
    safer working environment

    •   Tripartite consultative structures
    •   Workplace Health and Safety Advisory Council
    •   Construction sub committee
    •   Resources sub committee
    •   Transport and Storage sub committee
Key Themes cont.

4. To promote the provision of advice, information, education and
    training in relation to occupational health and safety

    • Role of Regulator is not just enforcement – seek compliance through
      education and cooperation
    • Community education function
    • Safe Work Australia week
Key Themes cont.
5. To secure compliance with this Act through effective and appropriate
    compliance and enforcement measures
    • Increase penalties from maximum $1.3M to $3M
    • Maximum five years imprisonment
    • Offence category based on risk, not outcome
    • Expanded range of penalty options
        – Enforceable undertakings
        – Training Orders
        – Adverse Publicity Orders
        – Compensation Orders
        – Community Service Orders
        – Orders for Restoration
    • Licensing will be elevated to the Act as a key risk management strategy
Key Themes cont.

6. To ensure appropriate scrutiny and review of actions taken by
    persons exercising powers and carrying out functions under this Act
Key Themes cont.

7. To provide a framework for continuous improvement and
    progressively higher standards of occupational health and safety
Key Themes cont.

8. To maintain and strengthen the national harmonisation of laws
    relating to occupational health and safety and to facilitate a
    consistent national approach to occupational health and safety in
    this jurisdiction