I notice that sometimes people think of safety as a real chore.
I agree our laws can be challenging, but they have an essential purpose and apply to everyone.
In this episode, I talk about where our safety laws come from, what they are now and why you should care.
Historically each Australian state adopted most of the provisions of the 19th-century British health and safety legislation (particularly the 1878 Factories Act and later the 1901 Act).
Over time the laws, the penalties and the regulator have changed.
By 1970 each of the six states had a work health and safety statute implementing the traditional British regulation model. Then in 1985, the Commonwealth government declared the formation of the National Occupational Health and Safety Commission (NOHSC).
Then NOHSC was abolished in 2005 and replaced by the Australian Safety and Compensation Council (ASCC), which was replaced only a few years later in 2009 by Safe Work Australia replaced ASCC in 2009.
Safe Work Australia was established by an Act of Parliament, with statutory functions specified by the Safe Work Australia Act 2008
Where are we now?
Today, in Australia, each state and Territory has WHS legislation. These laws can carry heavy penalties.
In 2012, the Commonwealth, Australian Capital Territory, New South Wales, Northern Territory and Queensland implemented the model WHS laws in their jurisdiction on 1 January 2012. Each with one set of Regulations
South Australia and Tasmania implemented the model WHS laws on 1 January 2013. Also, with one set of Regulations
In March 2022, Western Australia implemented the WA Work Health and Safety Act, and they have three sets of regulations, being:
Work Health and Safety (General) Regulations – applies to all workplaces except those covered by the other two sets of regulations
Work Health and Safety (Mines) Regulations – applies to mining and mineral exploration operations
Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations – apply to onshore and offshore petroleum, pipeline and geothermal energy operations.
Victoria is the only jurisdiction that has not implemented the model WHS laws. The Occupational Health and Safety Act 2004 (OHS Act) is Victoria's primary workplace health and safety law, with one set of regulations.
Why should YOU care?
Our health and safety laws are intended to provide a safe workplace and eliminate injury and illness in the work environment. There are currently three offence categories which are:
reckless conduct,
failure to comply with health and safety duty that exposes an individual to risk of death or severe injury, and
failure to comply with a health and safety duty
Industrial manslaughter is now an offence under the Work Health and Safety Act in all Australian States and Territories except South Australia and Tasmania.
An Industrial Manslaughter offence is on the table when a person conducting a business or Undertaking (PCBU) or an officer has a duty and engages in reckless or negligent conduct, causing the death of an individual to whom the health and safety duty is owed.
There have already been several industrial manslaughter charges laid in the Northern Territory, Queensland and the Australian capital Territory.
A Queensland businessman was the first to be changed for Industrial manslaughter. You can read more here https://www.worksafe.qld.gov.au/news-and-events/news/2022/first-individual-convicted-for-industrial-manslaughter
So why should you care?
In Australia, there were 160 Australian deaths recorded in 2022 from work-related causes.
160 too many.
Time to be safe.
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TL;DR
Historically, Australian states adopted most of the 19th-century British health and safety legislation provisions.
Each state and Territory in Australia has WHS legislation, except South Australia and Tasmania.
There were 160 Australian deaths recorded in 2022 from work-related causes.
160 too many.
I care.
Do you?
WHS laws can carry heavy penalties if you or your company are found to be reckless or negligent in your duties and cause the death of an individual to whom you owe a duty.
Industrial manslaughter charges are now in most States and Territories.
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Notes. Information is provided to encourage employers and workers to work safely. Information relates to WHS in Australia. WHS legislation may differ in the State or Territory in which you operate.
Disclaimer: The author and Safe Business Systems NT believe the information contained here to be correct at publishing. The author and Safe Business Systems do not accept responsibility for any consequences of using the information herein.
Would you like to read and learn more about workplace health and safety? You can follow me at www.linkedin.com/in/rosie-gibbins or book a 15-minute call with me at rosie@safebusiness.com.au