Occupational Health and Safety Act and regulations - WorkSafe. Overall, the provisions that would be included in the model OHS Act would lead to enhanced safety protections for Australian employees and greater certainty for employers. WRMC considered and responded to the recommendations of the National Review into Model OHS Laws and in so doing, decided on the optimal structure and content of a model OHS Act to be adopted by the .
Compilation No. Compilation date: 1 July Includes amendments up to: Act No. Registered: 31 July About this compilation. This is a compilation of the Work Health and Safety Act that shows the text of the law as amended and in force on 1 July the compilation date. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments.
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register www. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Part 1—Preliminary 1. Division 1—Introduction 1. Short title Division 2—Object 2. Division 3—Interpretation 3. Subdivision 1—Definitions 3.
Subdivision 2—Other important terms Meaning of person conducting a business or undertaking Meaning of supply Meaning of worker Meaning of workplace Examples and notes Division 4—Application of Act Act binds the Commonwealth Extraterritorial application Act does not apply to certain vessels, structures and facilities Duty to consult etc. Act not to prejudice national security Act not to prejudice certain police operations Interaction with Commonwealth criminal law Part 2—Health and safety duties Division 1—Introductory Subdivision 1—Principles that apply to duties Principles that apply to duties Duties not transferrable Person may have more than 1 duty More than 1 person can have a duty Management of risks How to properly wash your face 2—What is reasonably practicable What is reasonably practicable in ensuring health and safety Division 2—Primary duty of care Primary duty of care Division 3—Further duties of persons conducting businesses or undertakings Duty of persons conducting businesses or undertakings involving management or control of workplaces Duty of persons conducting businesses or undertakings involving management or control of fixtures, fittings or plant at workplaces Sperry dm-4100a how to use of persons conducting businesses or undertakings that design plant, substances or structures Duties of persons conducting businesses or undertakings that manufacture plant, substances or structures Duties of persons conducting businesses or undertakings that import plant, substances or structures Duties of persons conducting businesses or undertakings that supply plant, substances or structures Duty of persons conducting businesses or undertakings that install, construct or commission plant or structures Division 4—Duty of officers, workers and other persons Duty of officers Duties of workers Duties of other persons at the workplace Division 5—Offences and penalties Health and safety duty Reckless conduct—Category Failure to comply with health and safety duty—Category Part 3—Incident notification What is a notifiable incident What is a serious injury or illness What is a dangerous incident Duty to notify of notifiable incidents Duty to preserve incident sites Part 4—Authorisations Meaning of authorised Requirements for authorisation of workplaces Requirements for authorisation of plant or substance Requirements for authorisation of work Requirements for prescribed qualifications or experience Requirement to comply with conditions of authorisation Part 5—Consultation, representation and participation Duty to consult with other duty holders Division 2—Consultation with workers Duty to consult workers Nature of consultation When consultation is required Division 3—Health and safety representatives Subdivision 1—Request for election of health and safety representatives Request for election of health and safety representative Subdivision 2—Determination of work groups Determination of work groups Negotiations for agreement for work group Notice to workers Failure of negotiations Determination of work groups of multiple businesses Negotiation of agreement for work groups of multiple businesses Withdrawal from negotiations or agreement involving multiple businesses Effect of Subdivision on other arrangements Subdivision 4—Election of health and safety representatives
This includes everything from planning OHS-related tasks, to developing strategies and procedures, as well as analysing data and keeping abreast of any changes and updates. 2. Examples of OHS management systems. OHS management systems come in all shapes and sizes and can take a variety of formats. The OHS Act seeks to protect the health, safety and welfare of employees and other people at work. It also aims to ensure that the health and safety of the public is not put at risk by work activities. WorkSafe’s role. WorkSafe has many functions under the OHS Act. For example, we: monitor and enforce compliance with the OHS Act and regulations. Occupational health and safety (OH&S) legislation in Canada outlines the general rights and responsibilities of the employer, the supervisor and the worker through an Act or statute and related regulations. Regulations made under an Act define the application and enforcement of an Act.
Federal OSHA also covers certain workers specifically excluded from a state plan, such as those in some states who work in maritime industries or on military bases. States and territories may also develop plans that cover only public sector state and local government workers.
The OSH Act established a separate program for federal government employees. Section 19 of the OSH Act makes federal agency heads responsible for providing safety and healthful working conditions. The Act assigns OSHA two regulatory functions: setting standards and conducting inspections to ensure that employers are providing safe and healthful workplaces. OSHA standards may require that employers adopt certain practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job.
Employers must comply with all applicable OSHA standards and provide workers with a workplace that does not have serious hazards. Compliance with standards may include implementing engineering controls to limit exposures to physical hazards and toxic substances, implementing administrative controls, as well as ensuring that employees have been provided with, have been effectively trained on, and use personal protective equipment when required for safety and health, where the former controls cannot be feasibly implemented.
Employees must comply with all rules and regulations that apply to their own actions and conduct. Even in areas where OSHA has not set forth a standard addressing a specific hazard, employers are responsible for complying with the OSH Act's "general duty" clause.
The general duty clause [Section 5 a 1 ] states that each employer "shall furnish. The Act encourages states to develop and operate their own job safety and health programs. There are currently 26 states and 2 territories with OSHA-approved state plans. States with OSHA-approved job safety and health plans must set standards that are at least as effective as the equivalent Federal standard.
Most, but not all of the state plan states, adopt standards identical to the Federal ones. While some standards are specific to just one category, others apply across industries. Among the standards with similar requirements for all sectors of industry are those that address access to medical and exposure records, personal protective equipment, and hazard communication.
The Act grants employees several important rights. Among them are the right to file a complaint with OSHA about safety and health conditions in their workplaces and, to the extent permitted by law, have their identities kept confidential from employers; contest the amount of time OSHA allows for correcting violations of standards; and participate in OSHA workplace inspections. Employees must notify OSHA within 30 days of the time they learned of the alleged discriminatory action.
OSHA will then investigate, and if it agrees that discrimination has occurred, OSHA will ask the employer to restore any lost benefits to the affected employee. If necessary, OSHA can initiate legal action against the employer. In such cases, the worker pays no legal fees. The OSHA-approved state plans have parallel employee rights provisions, including protections against employer reprisal.
There is a separate poster for Federal agencies. The OSHA poster must be displayed in a conspicuous place where employees can see it. This poster is also available in Spanish and other languages. Posting of the notice in languages other than English is not required, but OSHA encourages employers with workers that speak other languages to also display the other relevant versions of the poster. Employers are required to post the Summary of Work-related Injuries and Illnesses FormA in a visible location so that employees are aware of the injuries and illnesses that occur in their workplace.
Employers are required to post the Summary Form A by February 1 of the year following the year covered by the form and keep it posted until April 30 of that year.
OSHA-approved state plan states must adopt occupational injury and illness recording requirements that are substantially identical to the Federal OSHA requirements.
Records for employers with 10 or fewer employees. However, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality, an amputation, the loss of an eye, or the in-patient hospitalization of one or more employees. Records for employers in certain industries. The partial industry classification exemption applies to individual establishments.
Industries currently designated as low-hazard include:. Business establishments classified in agriculture, mining, utilities, construction, manufacturing, or wholesale trade are not eligible for the partial industry classification exemption. All other employers. Employers are required to use the Form Log of Work-Related Injuries and Illnesses to classify work-related injuries and illnesses and to note the extent and severity of each case.
When an incident occurs, the Log is used to record specific details about what happened and how it happened. If the employer has more than one establishment or site, separate records for each physical location that is expected to remain in operation for one year or longer must be kept. Employers are required to keep a separate Log Form and Summary of Work-Related Injuries and Illnesses Form A for each physical location that is expected to be in operation for one year or longer. The Injury and Illness Incident Report Form is filled out when a recordable work-related injury or illness has occurred.
Together with the Form and Form A, these forms help the employer and OSHA develop a picture of the extent and severity of work-related incidents. Employers must record any significant work-related injuries and illnesses that are diagnosed by a physician or other licensed health care professional, such as any work-related case involving cancer, chronic irreversible disease, a fractured or cracked bone or a punctured eardrum.
Employers do not have to record certain injury and illness incidents such as a visit to a doctor solely for observation and counseling or those requiring first aid treatment only. For more information see the full list of Non-recordable Injury and Illness Incidents.
OSHA-approved state plan states must adopt occupational injury and illness reporting requirements that are substantially identical to the Federal OSHA requirements.
Employers must report to OSHA work-related fatalities within 8 hours of finding out about it. For any in-patient hospitalization, amputation, or eye loss employers must report the incident to OSHA within 24 hours of learning about it.
Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Further, for an inpatient hospitalization, amputation or loss of an eye, the incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident. In states with their own OSHA-approved state plan, pursuant to state law, state officials conduct inspections, issue citations for violations, and propose penalties in a manner that is at least as effective as the Federal program.
OSHA initiates inspections without advance notice based on the following priorities: imminent danger, catastrophes fatalities or hospitalizations , worker complaints and referrals, targeted inspections particular hazards, high injury rates , and follow-up inspections.
The adjustments are not included in the dollar values listed below. The new penalty levels will be issued by July 1, and will take effect by August 1, De Minimis violations: The OSH Act authorizes OSHA to treat certain violations, which have no direct or immediate relationship to safety and health, as de minimis, requiring no penalty or abatement.
OSHA does not issue citations for de minimis violations. Other than serious violation: A violation that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. Serious violation: A violation where a substantial probability that death or serious physical harm could result and where the employer knew, or should have known, of the hazard.
Willful violation: A violation that the employer intentionally and knowingly commits. The employer either knows that what he or she is doing constitutes a violation, or is aware that a condition creates a hazard and has made no reasonable effort to eliminate it.
Proposed penalties for willful violations may be adjusted downward depending on the size of the business. Usually no credit is given for good faith. If an employer is convicted of a willful violation of a standard that has resulted in the death of an employee, the offense is punishable by a court imposed fine or by imprisonment for up to six months, or both. Repeat violation: A violation of any standard, regulation, rule, or order where, upon re-inspection, a substantially similar violation is found.
To serve as the basis for a repeat citation, the original citation must be final; a citation under contest may not serve as the basis for a subsequent repeat citation. Appeals by employees and employers : If a complaint from an employee prompted the inspection, the employee or authorized employee representative may request an informal review of any decision not to issue a citation. Employees may not contest citations, amendments to citations, penalties, or lack of penalties.
They may contest the time allowed in the citation for abatement of a hazardous condition. They also may contest an employer's Petition for Modification of Abatement PMA , which requests an extension of the abatement period. Employees who wish to contest the PMA must do so within 10 working days of its posting or within 10 working days after an authorized employee representative has received a copy.
Within 15 working days of the employer's receipt of the citation, the employer may submit a written objection to OSHA.
If the PMA requests an abatement date that is two years or less from the issuance date of the citation, the Area Director has the authority to approve or object to the petition.
Any PMA requesting an abatement date that is more than two years from the issuance date of the citation requires the approval of the Regional Administrator as well as the Area Director.
If the PMA is approved, the Area Director shall notify the employer and the employee representatives by letter. Both the employer and the employee representatives shall be notified of this action by letter, with return receipt requested. Letters notifying the employer or employee representative of the objection shall be mailed on the same date that the agency objection to the PMA is sent to the Review Commission.
Employees may request an informal conference with OSHA to discuss any issues raised by an inspection, citation, notice of proposed penalty, or the employer's notice of intention to contest. Informal conferences: When issued a citation or notice of a proposed penalty, an employer may request an informal conference with OSHA's Area Director to discuss the case.
Employee representatives may be invited to attend the meeting. To avoid prolonged legal disputes, the Area Director is authorized to enter into settlement agreements that may revise citations and penalties. Notice of contest: If the employer decides to contest the citation, the time set for abatement or the proposed penalty, he or she has 15 working days from the time the citation and proposed penalty are received in which to notify the OSHA Area Director in writing.
An orally expressed disagreement will not suffice. This written notification is called a "Notice of Contest. However, it must clearly identify the employer's basis for contesting the citation, notice of proposed penalty, abatement period, or notification of failure to correct violations.
To better identify the scope of the contest, it also should identify the inspection number and citation number s being contested. A copy of the Notice of Contest must be given to the employees' authorized representative. If any affected employees are unrepresented by a recognized bargaining agent, a copy of the notice must be posted in a prominent location in the workplace, or else served personally upon each unrepresented employee.
The ALJ may disallow the contest if it is found to be legally invalid, or a hearing may be scheduled for a public place near the employer's workplace. The employer and the employees have the right to participate in the hearing; the OSHRC does not require that they be represented by attorneys. Commission rulings may be appealed to the U. Courts of Appeals.
Appeals in state plan states: States with their own occupational safety and health programs have their own systems for review and appeal of citations, penalties, and abatement periods. The procedures are generally similar to Federal OSHA's, but a state review board or equivalent authority hears cases. The OSH Act covers all private sector working conditions that are not addressed by safety and health regulations of another Federal agency under other legislation.
OSHA also has the authority to monitor the safety and health of Federal employees. Federal agency heads are responsible for the safety and health of Federal employees. The OSHA-approved state plan states extend their coverage to state and local government employees.
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