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					Occupational health and
   Occupational health and safety legislation

Each state/territory has OHS legislation that is usually
presented in three parts
1. The Act- this outlines the general requirements
2. Regulations- These set out legal requirements.
   Regulations are mandatory, meaning that the
   employer and employee abide by them.
3. Approved codes of practice- These provide
   information on minimum standards and guidance
   on how standards can be met.
    Occupational health and safety legislation
Duty of Care
• One of the aims of OHS legislation is for
   employees and employers to work together to
   maintain a safe workplace

•   A general duty of care is placed on every one in
    the workplace. This general duty of care states
    the particular responsibilities of employers and
    employees and other people in the work
Employer’s responsibility
    All employers are required under OHS legislation to ensure
    the health and safety of their employees.

    Employers must ensure that health, safety and welfare
    of their employees when at work by:
•     Maintaining places of work under their control in a
      safe condition, and ensuring safe entrances and

•     Making arrangements for ensuring the safe use,
      handling, storage and transport of plant and
            Employer’s responsibility
• Providing and maintaining systems
  of work , and providing environments
  that are safe and without risk to

• Providing information, instruction,
  training and supervision necessary to
  ensure the health and safety of

• Providing adequate facilities for the
  welfare of employees
Employee’s responsibility
Employees also have a responsibility to
act in a safe manner and follow lawful
• Employees must take reasonable care
  of the health and safety of themselves
  and others.

• Employees must cooperate with
  employers in their efforts to comply
  with Occupational health and safety
          Employee’s responsibility
Employees must not:
• Interfere with or misuse things provided for the health,
  safety or welfare of persons at work
• Obstruct attempts to give aid or attempts to prevent a
  serious risk to health and safety of a person at work
• Refuse a reasonable request to assist in giving aid or
  preventing a risk to health and safety
• Disrupt a workplace by creating health or safety fears
• OHS policies and procedures have
  been written

• Hazards are being identified and
  assessed and control measures
  have been put in place to eliminate
  or reduce the risks

• Training in safe operating
  procedures is conducted
Employers are expected to provide documented
evidence that demonstrates:
• Accidents and incidents are recorded and acted upon
• Adequate training, first aid supplies and personal
  protective equipment are provided
• Consultation mechanisms are in place
• All records are adequately maintained
                 Principles of risk management

                        Identify the

 Monitor and           Principles of             Assess the risk of
improve safety             Risk                    each hazard

                 Control or manage the
           Identify the hazard
Checklists are an effective way to identify hazards
When designing a checklist you need to consider :
• What are the tasks?
• How are the tasks performed? What are the
  potential risks?
• Have injuries occurred when performing this
• Have there been any near misses?
               Sample checklist
Can you design a checklist that could be used for:
• an outdoor storage area
• a staff room that is also a lunch room with a sink, kettle &
• security for staff on late shift who may lock up & leave
 after dark
                 Assess the risk
The level of ‘risk’ involved is assessed by considering:
• the consequences or possible severity of injury – for
example, would it require first aid, a week off work or lead
to permanent incapacity?
• the probability of injury – how likely is it that someone
could be injured – for example ‘highly likely’ or ‘not likely’?

CONSEQUENCE                    Has happened                Conceivable     Unlikely
                               or near miss has occurred   could happen   to happen

Fatality or disabling injury               High                   High    Medium
or illness

Hospitalisation                            High                  Medium     Low
Medical treatment by doctor

                                         Medium                    Low      Low
First Aid treatment
          Hierarchy of control
• Can you eliminate the
• Can you substitute
  something else for the
• Can you isolate the
  hazard or remove the
  person from the risk?
Hierarchy of control
• Can changing the design of
  furniture or using equipment reduce
  or eliminate the risk?
• Can the work practice be changed
  or could the person be trained to
  avoid the risk, e.g. manual handling
• Provide the person with personal
  protective equipment (PPE).
Control or manage the risk
To control or manage the risk:
• Put in place policies and procedures
• Put in place step-by-step instructions
• Reduce the frequency of the task (eg
  enter outdoor storage once for setup &
  once for packing away)
• Provide training
• Use signage as a reminder
• Regularly discuss OHS
Controlling the risk: safe work practices
   Reporting and documentation
OHS legislation requires all workplace injuries
and near misses to be properly and accurately

In the event of serious injury a written report is
essential to protect the rights of both the
employer and the employee.
    Reporting and documentation
An accident report should include the following details:

• name of person injured             • body part injured
• address of person injured          • how injury occurred
• age and sex of person              • activity being conducted at
  injured                              the time of the injury
• occupation of person               • use of safety equipment at
  injured                              time of injury
• date and time injury               • lost time resulting from the
  occurred                             injury
• type of injury sustained           • treatment administered
    Reporting and documentation
A near miss report should include the following information:
• Date and time & location of near miss
• Who was involved
• The activity being conducted at the time of the near miss
• How the near miss occurred
• What immediate action was taken.
Remember, workplace safety is
  everyone’s responsibility