Aim

The aim of this unit is to provide students with an overview of the NSW legislation that protect
workplace health and safety, and how it impacts on the management of health and safety in the
workplace.
Outcomes
On completion of this unit of work, students will be able to:
o understand and list the main parts of the Occupational ealth and Safety !OS"
legislation in NSW
o understand and e#plain to whom the OS legislation applies
o understand and e#plain the roles and responsibilities of employers in regards to
occupational health and safety
o understand and e#plain the roles and responsibilities of the employees and others in
regards to occupational health and safety
o understand the role of Work$over inspectors
o understand the need for OS management systems in the workplace
Unit outline
Topic Content Related Activities
%ntroduction to OS
o Why is OS important&
o 'oung workers
o $ost of workplace in(uries
o )ctivity *: The cost
of workplace in(uries
o )ctivity +: The cost
of workplace accidents , a
scenario
o )ctivity -: .ind a
word
o Safety .irst or
/#pect the Worst , )ctivities
0, 1, *2, **
The 3egal .ramework
o Occupational ealth and
Safety )ct 4222
o The Occupational ealth and
Safety 5egulation 422*
o $odes of practice
o )ctivity 4: The OS )ct 4222
!Worksheet *"
o )ctivity 6: Overview 7uestions
5oles and
responsibilities
o /mployer responsibilities
o /mployee responsibilities
o The role of other parties
o )ctivity 4: The OS )ct 4222
!Worksheet 4, 6, -, +"
o )ctivity 8: 5oles and
responsibilities in the
workplace
UNIT
1
Laws that protect workplace health and safety
/nforcement of OS
laws
o5ole of Work$over inspectors
o9enalties
:anaging occupational
health and safety
oSteps in the development of an
OS management system
;nit *: 3aws that protect workplace health < safety 9age 4 of 64
The importance of occupational health and safety
9oor workplace health and safety affects the individual, the workplace and the
community. :any of the effects of in(ury or illness are not fully recognised and range
from minor inconvenience through to ma(or conse7uences. Some of the effects include:
o in(ury, disease, death
o pain and suffering
o changes to lifestyle
o financial problems
o psychological impact of in(ury=illness
o low workplace morale
o absenteeism
o reduced or poor productivity
o poor corporate image
o high compensation costs
o community costs.
(Source: Background Information: Workplace Health And Safety, WorkCover NSW

>overnments throughout the world have developed legislation to protect the rights of workers.
>overnments have seen the need to establish legislation to provide a healthy and safe
workplace in order to reduce the number of in(uries and death that have occurred in the past.
%mproved occupational health and safety can lead to improved productivity and a better working
e#perience for all workers.
oun! people and new workers
Statistics collected by insurers and submitted to Work$over show that young workers between
the ages of *+ and 4+ are being hurt on the (ob every day. 'oung workers generally lack
e#perience and are generally unfamiliar with workplace procedures.
.or young workers, employers must provide information and training about
work ha?ards and safe work practices that give consideration to young
people@s age and e#perience.
"orkers !reatest at risk in the workplace include#
o 'oung workers A people under the age of 4+
o New workers including people who are:
entering the workforce for the first time
employed for less than *4 months
reAentering the workplace
transferring to a new (ob
o :ale employees
;nit *: 3aws that protect workplace health < safety 9age 6 of 64
The challenge for all industrialised countries in the 4*
st
century is to ensure that workers can
lead healthy, stress free lives. Work should not make workers ill and if you are in(ured
provisions should be in to place to assist you in your return to fitness and the labour market.
oun! workers at risk
'oung workers and new employees often have a greater chance of being in(ured at work.
) variety of factors may contribute to this higher risk factor:
o lack of e#perience
o eagerness to please
o lack of training in Occupational ealth and Safety
o lack of supervision
%n NSW in 4222=422*
o *6 workers under the age of 4+ were killed in the workplace. )ll of these workers were
male. This represented BC of all fatalities. Of these, seven were killed by vehicle accident
o appro#imately 0,+22 workers under the age of 4+ were in(ured.
Some of these in(uries were minor, allowing rapid return to work. Others were ma(or and
more incapacitating. Some of the young people will never be able to go to work againD
(Source: Stati!tical Bulletin "###$"##%, WorkCover NSW
"hy are youn! workers !reater at risk$
o One of the contributors to accidents and in(ury of young people in the workplace is
ine#perience.
o 'oung workers are not always aware of the range of physical, environmental, chemical and
biological ha?ards in their new working environment.
o Their knowledge of health and safety rights and responsibilities will often be inade7uate.
o They may be afraid to address the issue with their employer.
)de7uate information, training and supervision of health and safety must be provided to all new
workers.
The Occupational ealth and Safety 5egulation 422* clearly states that Ein determining the
nature and e#tent of necessary supervision, the employer must have regard to the competence,
e#perience and age of each employeeF. !$lause *-!6""
/ach employer has a duty of care to provide a safe workplace for all their employees. This
includes risk management and training. 'oung workers must be trained to do their work in a
safe manner from the first day of employment. The Occupational ealth and Safety )ct clearly
states that employers must Eprovide such information, instruction, training and supervision as
may be necessary to ensure the employees@ health and safety at work.F !Givision *!1d""
%ender differences
Statistical data suggests that gender appears to be a significant factor in the incidence of
workplace in(ury.
%n 4222=422* male in(uries comprised 02.+C of all workplace in(uries. This includes
occupational diseases. !Source: Stati!tical Bulletin "###$"##%, WorkCover"
;nit *: 3aws that protect workplace health < safety 9age - of 64
The statistics below show a constant trend for male in(uries to be significantly greater than those
for females. owever there has been a steady increase in the number of in(uries for females.
This may partly be e#plained by an increase in the female workforce.
Num&er of workplace in'uries( 1))1*)+ , +---*+--1
1))1*)+ 1))+*). 1)).*)/ 1))/*)0 1))0*)1 1))1*)2 1))2*)3 1))3*)) 1)))*-- +---*-1
4ale 62,218 40,+08 4B,812 6*,8** 6*,-16 64,6*1 6*,B4+ 62,422 41,0B1 41,-00
5emale 1,200 1,6-B B,842 *2,1B6 **,*84 *4,668 *4,2+0 **,+6B *2,066 **,+*1
Total 61,*86 6+,B4+ 6B,620 -4,+2+ -4,8-1 --,8+- -6,B14 -*,06B 6B,+6* 6B,BB+
6 4ale
In'uries
0BC 00C 08C 0-C 0-C 04C 06C 04C 06C 0*C
(Stati!tical Bulletin "###$"##%, WorkCover NSW and Stati!tical Bulletin Workcover NSW
Stati!tical Bulletin %&&'$&&
The cost of workplace in'ury and illness
;nsafe workplaces or work practices can have an enormous cost both financially and
emotionally. The pain, suffering and death resulting from workplace accidents place a burden on
families and the wider community. The financial cost to commerce and industry reduces
competitiveness.
The conse7uences of workplace in(ury include:
o financial costs
o human costs
o social costs

.inancial costs affect the worker, the wider community and the State.
%n NSW in 4222=422*:
o The total number of workplace in(uries was -B,4+6, !6B,BB+ workplace in(uries and B,4+1
occupational diseases".
o There were *6B workplace fatalities.
o The gross incurred cost of employment in(uries was H*,*61 million.
o Time lost for temporary disability cases was 6B1,161 weeks.
o The most common workplace in(uries were sprains and strains !8-C" accounting for a
cost of H+8+ million.
o Iack in(uries accounted for over 62C of workplace in(uries and cost H402 million.
;nit *: 3aws that protect workplace health < safety 9age + of 64
(Source: Stati!tical Bulletin "###$"##%, WorkCover
The le!al framework
)ll workers in NSW, including fullAtime, partAtime, permanent, temporary and casual workers,
are covered by occupational health and safety laws passed by the NSW parliament.
;nder occupational health and safety laws, employers have a duty of care to ensure the health,
safety and welfare of all their employees at work as well as nonAemployees at the place of work.
Work$over NSW manages the StateJs workplace safety, in(ury management, and workers
compensation systems. Work$over NSW has the power to prosecute employers who fail to
fulfill this duty.
The O78 Le!islation in N8"
OS 3egislation in NSW consists of an )ct of 9arliament and a consolidated regulation made
under this )ct. These are supported by various codes of practice .
;nit *: 3aws that protect workplace health < safety 9age 8 of 64
)n )ct of
9arliament
Codes of 9ractice
$odes of practice give practical guidance on how the re7uired
standard of health, safety and welfare can be achieved in an area of
work. They are approved under the O<S )ct by the :inister for
$ommerce.
Sometimes $odes of 9ractice are Kcalled up@ in 5egulations and in
these circumstances have the same legal force as the 5egulation
itself. Otherwise, $odes of 9ractice should be followed, unless there
is an alternative course of action which achieves the same or better
standard of health in the workplace.
They can be used in support of the enforcement provisions of the
O<S )ct or as evidence to support a prosecution for failing to
comply with or contravening the O<S )ct or O<S 5egulation.
O7:8
Act
+---
O7:8 Re!ulation
+--1
5egulations give details on how
certain sections of the )ct are to be
implemented. The 5egulation calls on
various )ustralian Standards and
other standards and codes of practice
to establish guidelines for particular
OS issues. /verything in the
5egulation is law and must be
followed.
Acts of 9arliament
The main )ct which covers all health and safety in the workplace in NSW is the Occupational
ealth and Safety )ct 4222 which came into effect from September 422*. %t lays down the
re7uirements for health, safety and welfare which must be met at all places of work in NSW. The
)ct covers selfAemployed people as well as employers and employees
%nformation and a copy of the Occupational ealth and Safety )ct is available from the web
sites:
http:==www.Work$over.nsw.gov.au= http:==www.austlii.edu.au=
Re!ulations
The Occupational eath and Safety 5egulation 422* replaces all e#isting Occupational eath
and Safety 5egulations, the $onstruction Safety )ct *B*4 and 5egulations and 9art Three of
the .actories, Shops and %ndustries )ct *B84.
The Occupational ealth and Safety 5egulation 422* aims to support the Occupational
ealth and Safety )ct 4222 in achieving reductions in the incidence of workplace in(uries and
disease.
The 5egulation emphasises a risk management approach. ;nder this risk management
approach, there is a legal re7uirement to manage risks in the workplace.
3egal re7uirements include re7uirements to:
o identify ha?ards
o assess risks
o eliminate or control risks
o review risk assessments and control measures
5egulations give details on how certain sections of the )ct are to be implemented.
5egulations made under the OS )ct cover specific areas of work such as:
o 5isk management
o .irst )id
o Workplace consultation
o Work premises and working environment
o Notification of )ccidents
o .loors, 9athways and Stairs
o :anual andling
o Noise
o a?ardous Substances
%nformation and a copy of the Occupational ealth and Safety 5egulation 422* is available from
the web sites:
http:==www.Work$over.nsw.gov.au= http:==www.austlii.edu.au
;nit *: 3aws that protect workplace health < safety 9age 0 of 64
Code of practice
$odes of practice give practical guidance on how the re7uired standard of health, safety and
welfare can be achieved in an area of work. They are approved under the O<S )ct by the
:inister for $ommerce and are published in the >overnment >a?ette.
Sometimes $odes of 9ractice are Kcalled up@ in 5egulations and in these circumstances have
the same legal force as the 5egulation itself. Otherwise, $odes of 9ractice should be followed,
unless there is an alternative course of action which achieves the same or better standard of
health in the workplace.
They can be used in support of the enforcement provisions of the O<S )ct or as evidence to
support a prosecution for failing to comply with or contravening the O<S )ct or O<S
5egulation.
In summary( an approved industry code of practice#
>ives practical guidance on how the re7uired standard of health safety and welfare can be
achieved in the workplace.
Should be followed, unless there is an alternative course of action that achieves the same or
a better standard of health, safety and welfare in the workplace.
$an be used to support prosecution for failing to comply with or contravening the )ct or
5egulation.
(Source: (HS Con!ultation: Code of )ractice "##%, WorkCover NSW
/#amples of $odes of 9ractice are:
o /lectrical 9ractices for $onstruction Work
o OS $onsultation
o 3abelling of Workplace Substances
o Workplace %n(ury and Gisease 5ecording
o Workplace )menities
o Noise :anagement and 9rotection of earing at Work
o Safe Work on 5oofs
o Safety at Work , ) >uide for 'oung Workers in ospitality
o 9rotecting 'oung Workers from Workplace a?ards
o Workplace Liolence Series !including WL , )wareness, WL , 9revention, WL ,
%ntervention, WL , 3egal $onse7uences"
;nit *: 3aws that protect workplace health < safety 9age 1 of 64
Responsi&ilities of the employer
;nder the Occupational ealth and Safety )ct 4222 the employer must ensure the health,
safety and welfare of their employees when at work by:
o ensuring that any places of work controlled by the employer are safe and without risks to
health, including safe entrances and e#its
o ensuring the safe and proper use, handling, storage and transport of plant and
substances provided for use by employees
o providing and maintaining systems of work and working environments that are safe and
without risks to health
o providing information, instruction, training and supervision necessary to ensure the health
and safety of employees
o providing ade7uate facilities for the welfare of the employees
(Source: Summary of the (HS Act "###, WorkCover NSW
;nder the Occupational ealth and Safety 5egulation 422* the employer must:
o identify ha?ards
o assess risks
o eliminate or control risks
o review risk assessments and control measures
o provide instruction, training and information
o provide supervision
o provide personal protective e7uipment
o obtain information
o provide for emergencies
o provide amenities
o maintain of amenities and accommodation
o provide first aid facilities and personnel
(Source: Summary of the (HS *egulation "##%, WorkCover NSW
Responsi&ilities of the employee
Work e#perience and work placement students are considered to be EvolunteersF while in the
workplace. Students should observe the same responsibilities as normal employees to ensure
their own safety and the safety of others in the workplace.
;nder Section 4* of the OS )ct any person must not intentionally or recklessly interfere with
or misuse any personal protective e7uipment or anything else provided in the interests of safety.
Students have a legal duty under this section of the )ct and can be fined if they breach it. The
ma#imum penalty is currently 62 penalty units for a first offence.
;nder the Occupational eath and Safety )ct 4222, an employee must:
o take reasonable care for the health and safety of themselves and
other people at the place of work
o coAoperate with his or her employer or other person in the interests
of health, safety and welfare.
;nit *: 3aws that protect workplace health < safety 9age B of 64
o not interfere with or misuse things provided for the health, safety and welfare of persons
at work
o not obstruct attempts to give aid or attempts to prevent a serious risk to the health and
safety of a person at work
o not disrupt the workplace by creating health or safety fears
o not refuse a reasonable re7uest to assist in giving aid or preventing a risk to health and
safety
(Source: Summary of the (HS Act "###, WorkCover NSW
;nder the Occupational ealth and Safety 5egulation 422*, an employee:
o must take reasonable steps to prevent risks to health and safety at work by notifying the
employer or supervisor of any matter that may affect the capacity of the employer to
comply with the re7uirements of the 5egulation.
(Source: (HS *egulation "##%, Clau!e "' (% WorkCover NSW
Other parties responsi&le for workplace health and safety
The Occupational ealth and Safety )ct 4222 also outlines the responsibilities of other parties
involved in the provision of a safe working environment.
o 9ersons who erect or install e7uipment at a workplace also have the manufacturer@s
obligation to make sure that the e7uipment is safe to use when properly used
o 9ersons in control of nonAdomestic premises used as a place of work, by persons other than
their employees, must ensure that the premises and e#its and entrances are in a safe
condition
o 9ersons who control plant or substances must ensure the plant or substance is safe and
without risk when used at work by persons other than their employees
(Source: Summary of the (HS Act "###, WorkCover NSW
Occupational health and safety law enforcement
%n NSW, Work$over %nspectors have the role of ensuring safe workplaces. They help employers
and employees to understand their rights and obligations under occupational health and safety,
in(ury management and workers compensation legislation. They also have a range of powers to
enforce compliance with the legislation. Work$over inspectors can enter any workplace at any
time to conduct an investigation. %nspectors can issue investigation, improvement or prohibition
notices. %t is an offence to prevent an inspector from doing their (ob.
;nit *: 3aws that protect workplace health < safety 9age *2 of 64
o /mployers and selfAemployed people must ensure the health and
safety of people visiting or working at their places of work, who are
not their employees, by not e#posing them to risk
o :anufacturers, designers and suppliers of plant and substances for
use by people at work must make sure that they are safe and without
risks to health when properly used. They must also provide ade7uate
information to those who are supplied with the plant or substance to
ensure its safe use.
;nit *: 3aws that protect workplace health < safety 9age ** of 64
%nspectors are empowered to act under the:
o (ccupational Health and Safety Act "###
o Worker! Compen!ation Act %&'+
o Workplace In,ury -anagement and Worker! Compen!ation Act %&&'.
"orkplace visits
%nspectors visit workplaces to:
o investigate work place incidents and breaches of
legislation
o attend court, provide evidence and prepare
comprehensive reports
o respond to OS complaints from workers, unions, OS
committees and the public
o give advice and information to management, committees,
union and workers
o carry out compliance inspections relating to work places and industry ha?ards
o target ha?ards in industry sectors as part of specific in(ury prevention pro(ects and
campaigns
o resolve workplace health and safety disputes.
;nforcement role
%nspectors have the power to:
o issue notices which re7uire employers to remedy unsafe working conditions or ha?ards
o issue notices prohibiting work from continuing until a ha?ard is fi#ed
o issue notices re7uiring employers to provide proof of correct worker compensation
insurance
o issue onAtheAspot fines for breaches of the OS 3egislation
o collect evidence and recommend a prosecution.
Information role
%nspectors are trained to advise employers and employees about the risk management
approach to all aspects of occupational health and safety, in(ury management and workers
compensation matters.
.or e#ample, they can give advice on how to:
o conduct a workplace risk assessment
o bring plant, e7uipment and work methods up to the re7uired standards
o establish a rehabilitation program.
(Source: *ole of the WorkCover In!pector, WorkCover NSW
;nit *: 3aws that protect workplace health < safety 9age *4 of 64
9enalties
Work$over inspectors have the authority to issue penalties or fines and=or initiate prosecution
for breaches of the Occupational ealth and Safety )ct 4222 and the Occupational ealth and
Safety 5egulation 422*.
The ma#imum penalties for an offence under the OS 5egulation 422* range from H4,422 to
H40,+22 depending on the type of offence !e.g. an administrative breach of the 5egulation
attracts a lesser penalty, while safety breaches attract higher penalties".
9enalty notices !onAtheAspot fines" under the OS 5egulation 422* range
from H++2 to H822 for employers, and from H*,*22 to H*,+22 for nonA
compliance with an %mprovement Notice.
The ma#imum penalties under the OS )ct 4222 for an offence is:
o corporation , +,222 penalty units !presently H++2,222 for first offence"
o individual , +22 penalty units !currently H++,222 for first offence"
o corporation , 0,+22 penalty units !previous offender".
o individual , 0+2 penalty units !previous offender" and=or 4 years
imprisonment.
The $ourt can also order offenders to do things, e.g. paying Work$over costs of the
investigation.
(Source: Summary of the (HS Act "###, WorkCover NSW
4ana!in! workplace health and safety
$onsultation is a key feature of risk management since involving the people who do the work in
identifying ha?ards and how to control risks is the most effective way to manage workplace
health and safety. This also allows employers to meet their legal re7uirements on consultation
under the Occupational ealth and Safety )ct 4222.
The Occupational ealth and Safety 5egulation 422* sets out procedures to be followed in
establishing and maintaining consultation with employees as well as for resolving matters that
may present a risk to health and safety. The regulation also states the re7uirement for the
employer to provide training for OS committee members and OS representatives.
$onsultation is re7uired:
o whenever risks to health and safety are being e#amined or reviewed
o when decisions are being made about measures taken to eliminate or control risks
;nit *: 3aws that protect workplace health < safety 9age *6 of 64
ealth and safety laws in NSW re7uire employers to have in place a
means to:
o identify all ha?ards in their workplace
o assess the risks arising from those ha?ards
o implement measures to eliminate or control those risks
o provide instruction, training and supervision for employees
o consult with employees on matters which affect their health,
safety and welfare.
o when introducing or altering any procedures for identifying and monitoring workplace
risks
o whenever changes that may affect health and safety are proposed to the workplace,
the system of work, or the plant and substances used for work
o whenever decisions are made about consultation arrangements.
$onsultation can take place through an OS committee, an OS representative or using other
arrangements that have been agreed upon by the employer and the employees.
/mployers need policies and procedures in place to make sure that potential ha?ards and the
health and safety of people in the workplace are addressed. )n occupational health and safety
management system is a documented, coordinated plan to make sure ha?ards and associated
risks in the workplace are managed.
The si# steps in creating an OS management system are:
o Getermine who is responsible for health and safety
o 9lan to work safely
o %nvolve employees in the process
o Gevelop procedures
o Train people in the procedures
o :onitor, review and improve the system.
(Source: *i!k -anagement at Work, /uide "##%, WorkCover NSW
;nit *: 3aws that protect workplace health < safety 9age *- of 64
Laws that protect workplace health and safety
8tudent Activity 1# The cost of workplace in'uries
Outcomes# Students will be able to:
o demonstrate an understanding of the different conse7uences of
workplace in(uries
o classify the conse7uences as either a financial or human cost or other
o determine which group is directly affected by workplace in(uries,
employee, employer or community,
Resources#
Overhead transparency , $onse7uences of workplace %n(uries
andout A $onse7uences of Workplace %n(uries
Activity Outline#
o 9lace a tick ! " in the column which best describes the conse7uence described. %s it
a human conse7uence&
a financial conse7uence&
other !does not fit into either"&
%n some cases you may have to tick !" more than one column.
o Now decide if each conse7uence directly affects
the employee
the employer
the community
and place a tick !" in the appropriate column.
;nit *: 3aws that protect workplace health < safety 9age *+ of 64
The cost of workplace in'ury < Overhead Transparency
;nit *: 3aws that protect workplace health < safety 9age *8 of 64
The cost of workplace in'uries < 7andout
Conse=uences of
workplace
in'uries
uman .inancial Other /mployer
/mployee $ommunity
%ncreased ta#es
3egal costs
.ines
ospitalisation
:edical e#penses
3oss of future earnings
/ffect on family
%ncreased insurance
premiums
5eplacement staff
Staff retraining
%ncreased :edicare levy
3ost income
Social welfare payments
Gisruption to social and
recreational activities
9rohibition order
9sychological stress
/motional stress
3etters to the editor
Ongoing pain and
discomfort
Gisruption to study
Strained relationships
Giscomfort
3oss of morale
3ost production
5ehabilitation
%nvestigation by Work$over
5eports in the media
9ain
Gisruption to career
planning
Workers compensation
payments
Other
;nit *: 3aws that protect workplace health < safety 9age *0 of 64
Laws that protect workplace health and safety
8tudent Activity +# The Occupational 7ealth and 8afety Act +---
Outcomes: Students will:
o be aware of the rights and responsibilities of both employers and
employees
o understand the role of an Occupational ealth and Safety
$ommittee
o gain an understanding of the Occupational ealth and Safety )ct
4222
o access and navigate through the Occupational ealth and Safety )ct
4222.
Resources#
o %nternet connection
o Student worksheets
Activity Outline#
Students are to complete the student worksheets using the Occupational ealth and Safety )ct
4222 to help them with their responses.
The worksheets will cover the responsibilities of the employer and employee in relation to
workplace safety and the role of the Occupational ealth and Safety $ommittee.
The full )ct can be found at:
http#**www>austlii>edu>au*au*le!is*nsw*consol?act*ohasa+---+2.*
This page lists the contents of each part of the )ct. The )ct itself is e#tensive, covering *-4
sections providing information on:
o Guties relating to health, safety and welfare at work
o 5egulations
o %ndustry codes of practice
o %nvestigations
o %nvestigation, improvement and prohibition notices
o $riminal and other proceedings
;nit *: 3aws that protect workplace health < safety 9age *1 of 64
The Occupational 7ealth and 8afety Act +--- < "orksheet 1
%o to the we&site# http#**www>austlii>edu>au*au*le!is*nsw*consol?act*ohasa+---+2.*
$lick on Item . in 9art *A 9reliminary of the O<S )ct.
This section lists the ob(ectives of the )ct.
Ielow is a list of key words that you need to know the meaning of before you read the passage
below. 'ou may need to find their meaning in a dictionary.
@ey "ords
assessed
consultation
safety
risks
controlled
develop
secure
eliminated
ensure
health
welfare
identified
illness
in(ury
promote
protect
provide
5ead the passage and underline the key words in the appropriate sentence.
The ob(ectives of this )ct are as follows:
o to secure and promote the health, safety and welfare of people at work
o to protect people at a place of work against risks to health or safety arising out of the
activities of a person at work
o to promote a safe and healthy work environment for people at work that protects them
from in(ury and illness and that is adapted to their physiological and psychological needs
o to provide for consultation and coAoperation between employers and employees in
achieving the ob(ectives of this )ct
o to ensure that risks to health and safety at a place of work are identified, assessed and
eliminated or controlled
o to develop and promote community awareness of occupational health and safety issues
o to provide a legislative framework that allows for progressively higher standards of
occupational health and safety to take account of changes in technology and work
practices
o to protect people !whether or not at a place of work" against risks to health and safety
arising from the use of plant that affects public safety.
;nit *: 3aws that protect workplace health < safety 9age *B of 64
The Occupational 7ealth and 8afety Act +--- < "orksheet +
%o to the we&site# http#**www>austlii>edu>au*au*le!is*nsw*consol?act*ohasa+---+2.*
$lick on Item 3, Guties of /mployers in 9art 4 Guties of /mployers A Guties 5elating To
ealth, Safety )nd Welfare )t Work, Givision * A >eneral duties
This section e#plains the legal re7uirements of the employer to provide a safe environment for
their employees. 5ead through these re7uirements.
)nswer true or false to the following statements by placing a tick ! " in the correct column.
8TAT;4;NT TRU; 5AL8;
)n employer must ensure the health, safety and
welfare at work of all the employees of the employer.
)n employer must provide a swimming pool and
gymnasium for their employees
)n employer must ensure that any premises controlled
by the employer are safe and without risks to health of
employees
)n employer must make sure that any plant
!machinery" or substance provided for use by the
employees at work is safe and without risks to health
when properly used
/#it from and access to the workplace must not be
blocked.
)n employer must ensure that any system of work and
the working environment of the employees are without
risks to the health of the employees
)n employer must provide such information, training
and supervision as may be necessary to ensure the
employees@ health and safety at work
)n employer must provide ade7uate facilities for the
welfare of the employees at work.
;nit *: 3aws that protect workplace health < safety 9age 42 of 64
The Occupational 7ealth and 8afety Act +--- < "orksheet .
%o to the we&site: http#**www>austlii>edu>au*au*le!is*nsw*consol?act*ohasa+---+2.*
$lick on Item 1+ A 9enalty for offence against this Givision in 9art 4 A Guties 5elating To
ealth, Safety )nd Welfare )t Work, Givision * A >eneral duties
/mployers have a legal responsibility to provide a safe workplace. %f they fail to do this they are
guilty of an offence and must pay a penalty or fine.
5ead this section and answer the following 7uestions.
Auestion Answer
*" What is the monetary value of a penalty
unit&
4" ow much would a corporation have to
pay if they were convicted, were a
previous offender and had to pay 8,222
penalty units&
6" ow much would a corporation have to
pay if they were convicted, were not a
previous offender and had to pay *,222
penalty units&
-" ow much would an individual have to
pay if they were a previous offender and
received the ma#imum penalty&
+" What term of imprisonment does an
individual receive under the ma#imum
penalty&
;nit *: 3aws that protect workplace health < safety 9age 4* of 64
The Occupational 7ealth and 8afety Act +--- < "orksheet /
%o to the we&site# http#**www>austlii>edu>au*au*le!is*nsw*consol?act*ohasa+---+2.*
$lick on Item +- , Guties of the /mployees, in 9art 4 A Guties 5elating To ealth, Safety )nd
Welfare )t Work, Givision 6 , 5elated Guties.
)n employee also has a legal responsibility to maintain a safe and healthy workplace not only
for themselves but also for others in the workplace.
5ead through the points on employees@ duties and answer the following 7uestion.
Note: Gon@t forget, even though work e#perience and work placement students are not
classified as EemployeesF these responsibilities still should be followed to ensure student safety
in the workplace.
Gescribe the two duties of employees as stated in the Occupational ealth and Safety )ct.
*"
4"

%o to the we&site# http#**www>austlii>edu>au*au*le!is*nsw*consol?act*ohasa+---+2.*
$lick on Item +1 , 9erson not to interfere with or misuse things provided for ealth, Safety
and Welfare in 9art 4 A Guties 5elating To ealth, Safety )nd Welfare )t Work, Givision 6 ,
5elated Guties.
)ny member of the workforce who either intentionally or recklessly interferes with anything
provided for health or safety faces a fine or penalty.
*" ow many penalty points does a person receive if they interfere with or misuse anything
provided in the interests of safety:
if they are a previous offender& MMMMMMMMMMMMM
in any other case&MMMMMMMMMMMMMMMMMMMMMMMM
;nit *: 3aws that protect workplace health < safety 9age 44 of 64
The Occupational 7ealth and 8afety Act +--- < "orksheet 0
%o to the we&site# http#**www>austlii>edu>au*au*le!is*nsw*consol?act*ohasa+---+2.*
$lick on Item +. A ;nlawful dismissal or other victimisation of employee in 9art 4 A Guties
5elating To ealth, Safety )nd Welfare )t Work, Givision 6 , 5elated Guties.
This section deals with unfair dismissal or discharge and violence or victimisation directed at an
employee because they made a complaint about safety in the workplace or because they are a
member of an Occupational ealth and Safety $ommittee.
5ead through this section and complete the table using the information given on ma#imum
penalties.
T9; B;8CRI9TION 4ACI4U4 9;NALT
$orporation 9revious offender
$orporation .irst offence
%ndividual 9revious offender
%ndividual .irst offence
;nit *: 3aws that protect workplace health < safety 9age 46 of 64
Laws that protect workplace health and safety
8tudent Activity .# Overview Auestions
*. What is the purpose of occupational health and safety legislation&
4. 3ist the main parts of the OS legal framework in NSW. Iriefly e#plain what each part
contains. Which of these is not law but is still an important part of the legal framework&
/#plain your answer.
6. What are the responsibilities of the employer in the provision of workplace health and
safety&
-. What are the responsibilities of the employee=student in ensuring workplace health and
safety&
;nit *: 3aws that protect workplace health < safety 9age 4- of 64
+. 3ist any others with a responsibility in ensuring a healthy and safe workplace. What are
their responsibilities&
8. What is the name of the authority that manages workplace health and safety in NSW&
ow are the OS laws enforced&
0. 3ist the steps that employers can use to manage health and safety in their workplace.
1. Why is consultation with employees such an important part of keeping workplaces safe&
B. Go you think that a student can be part of this consultation& /#plain your answer&
;nit *: 3aws that protect workplace health < safety 9age 4+ of 64
Laws that protect workplace health and safety
8tudent Activity /# 5ind a "ord


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.ind and circle each of the following words.
$ommittee $onsultation
Guty Of $are /mployee
/mployer .atalities
a?ard a?ardous Substance
ealth %n(ury
%nspector 3egislation
:anual andling Occupational
9enalty 9lant
99/ 9remises
9rohibition Notice 9rosecuted
5ecord 5egulation
5epresentative 5isk
5isk :anagement Safety
Safe Work :ethod Stress
Supervisor Training
Work Work$over
Workplace
;nit *: 3aws that protect workplace health < safety 9age 48 of 64
Laws that protect workplace health and safety
8tudent Activity 0# The cost of workplace accidents
ere is a scenario of an accident in which a member of the office staff passes through the office
carrying a load of stationery.
3et@s call him Gavid, a coAoperative employee who does his best to please. So Gavid loads
himself up with as much as he can carry. ) couple of reams of paper, half a do?en writing pads,
some manila folders and other assorted items. %n fact, he can@t see properly where he@s going.
)s a result Gavid trips over an e#tension cord near one of the desks and falls. )s he can@t see,
because of the load he is carrying, and as a natural reaction, he drops his load and desperately
reaches out to break his fall. e misses the desk and falls heavily. On the way down he grasps
at the computer and drags it down with him. e hits his chin on the edge of the desk and suffers
a cut to the face which re7uires stitching. e@s off work for two days.
3et@s see what this minor accident cost the employer.
.irst the medical costs were H+1.
The two paid days off work cost H*82.
Iecause the total costs were under H+22, the employer did not recover the amounts from his
worker@s compensation insurer.
That sounds like H4*1, which the manager shrugged off.
Iut in reality, there@s more.
)s a result of Gavid@s fall, the computer board was damaged, for which a replacement had to be
flown from interstate. That cost H642.
)nd it took three weeks to arrive.
Iecause the work was vital, a computer needed to be hired. $ost: H-+2.
)s the accident occurred before a backAup was made, the day@s input was lost. Overtime paid to
a keyboard operator amounted to H*42.
The office staff who rushed to Gavid@s aid and called the first aid attendant then spent a further
twenty minutes discussing the accident. $ost, say H42.
The pay clerk spent e#tra time organising Gavid@s leave and paying the keyboard operator@s
overtime. $ost, H*2.
The first aid attendant spent 62 minutes with Gavid. $ost, H62.
The store person responsible for organising a replacement circuit board spent time on the
phone and on paperwork. $ost, another H62.
;nit *: 3aws that protect workplace health < safety 9age 40 of 64
Gavid@s supervisor had to investigate the accident and prepare a report. $ost, H6+.
So what looked like a simple matter of H4*1 7uickly grew into a more serious amount of H*222.
Where did the money come from& Out of net profits.
%f your company works on say, a net profit margin of -C, your sales force needs to sell goods to
the value of around H4+,222 to make up the hidden costs of the accident.
;Dercise#
%n the e#ample of Gavid and his fall the following costs flowed onto the employer:
:edical fees
Two paid days off work
Ielow threshold for recovery from insurance
$omputer damage
ire replacement computer
Overtime to keyboard lost input
3ost time by other staff
Store person@s time
Supervisor@s time to prepare report
What other costs can you suggest should be included&
(Source: WorkCover, NSW)
;nit *: 3aws that protect workplace health < safety 9age 41 of 64
Costs of workplace in'uries O7T
+---*+--1 statistics for Australia#
o There were .1) fatalities in the workplace
o A further 21 fatalities occurred on 'ourneys to or from work
o 8prains and strains of 'oints and ad'acent muscles accounted
for 0.6 of in'uries
o Eust over +06 of all new in'ury or disease cases related to &ack
in'uries
o )->-6 of the fatalities were males and )>/6 were females>
In N8" in +---*+--1#
o The total num&er of employment in'uries was 0.(2)2
o 1.) fatalities were reported#
/2 from workplace in'uries
0) from non<workplace in'uries
.) from occupational diseases
o 216 of in'uries*illnesses were for males
o The most common workplace in'uries were sprains and strains(
1/6( which accounted for 2-6 of the cost of workplace in'uries
o Total payments made was F+()/1 million of which 116 were
compensation claims
;nit *: 3aws that protect workplace health < safety 9age 4B of 64
"hat your employer must do O7T
Under the O78 Act +---( the employer must#
o 4aintain places of work that are safe and without risks to
health( includin! safe entrances and eDits
o 4ake arran!ements to ensure the safe and proper use(
handlin!( stora!e and transport of plant and su&stances
o 9rovide and maintain systems of work and workin!
environments that are safe and without risks to health
o 9rovide the information( instruction( trainin! and supervision
necessary to ensure the health and safety of employees
o 9rovide ade=uate facilities for the welfare of the employees
;nit *: 3aws that protect workplace health < safety 9age 62 of 64
"hat you must do as an employee O7T
Remem&er( students are not classified as employees under the O78 Act
+---( &ut should follow these !uidelines to ensure their own safety and that
of others while in the workplace>
All persons must not#
o Interfere or misuse thin!s provided for the health( safety or
welfare of persons at work
o O&struct attempts to !ive aid or attempts to prevent serious risk
to the health and safety of a person at work
o Refuse a reasona&le re=uest to assist in !ivin! aid or preventin!
a risk to health and safety
o Bisrupt a workplace &y creatin! health or safety fears
;nit *: 3aws that protect workplace health < safety 9age 6* of 64
The Le!al 5ramework O7T
;nit *: 3aws that protect workplace health < safety 9age 64 of 64
O7:8
Act +---
$odes of practice give practical guidance on how the
re7uired standard of health, safety and welfare can be
achieved in an area of work. They are approved under the
O<S )ct by the :inister for $ommerce.
Sometimes $odes of 9ractice are Kcalled up@ in 5egulations
and in these circumstances have the same legal force as
the 5egulation itself. Otherwise, $odes of 9ractice should
be followed, unless there is an alternative course of action
which achieves the same or better standard of health in the
workplace.
They can be used in support of the enforcement provisions
of the O<S )ct or as evidence to support a prosecution
for failing to comply with or contravening the O<S )ct or
O<S 5egulation.
O7:8
Re!ulation +--1
5egulations give details on how
certain sections of the )ct are to
be implemented. The 5egulation
calls on various )ustralian
Standards and other standards
and codes of practice to
establish guidelines for
particular OS issues.
/verything in the 5egulation is
law and must be followed.
)n )ct of
9arliament
Codes of 9ractice