UNIT

1 Laws that protect workplace health and safety

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 Health and Safety (OHS)
legislation in NSW
o understand and explain to whom the OHS legislation applies
o understand and explain the roles and responsibilities of employers in regards to
occupational health and safety
o understand and explain the roles and responsibilities of the employees and others in
regards to occupational health and safety
o understand the role of WorkCover inspectors
o understand the need for OHS management systems in the workplace

Unit outline
Topic Content Related Activities
Introduction to OHS o Why is OHS important? o Activity 1: The cost
o Young workers of workplace injuries
o Cost of workplace injuries o Activity 5: The cost
of workplace accidents – a
scenario
o Activity 4: Find a
word
o Safety First or
Expect the Worst – Activities
7, 8, 10, 11
The Legal Framework o Occupational Health and o Activity 2: The OHS Act 2000
Safety Act 2000 (Worksheet 1)
o The Occupational Health and o Activity 3: Overview questions
Safety Regulation 2001
o Codes of practice
Roles and o Employer responsibilities o Activity 2: The OHS Act 2000
responsibilities o Employee responsibilities (Worksheet 2, 3, 4, 5)
o The role of other parties o Activity 6: Roles and
responsibilities in the
workplace
Enforcement of OHS o Role of WorkCover inspectors
laws
 o Penalties
Managing occupational o Steps in the development of an
health and safety
OHS management system

Unit 1: Laws that protect workplace health & safety Page 2 of 33

 The importance of occupational health and safety
Poor workplace health and safety affects the individual, the workplace and the
community. Many of the effects of injury or illness are not fully recognised and range
from minor inconvenience through to major consequences. Some of the effects include:

o injury, disease, death

o pain and suffering
o changes to lifestyle
o financial problems
o psychological impact of injury/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)
The challenge for all industrialised countries in the 21 st century is to ensure that workers can
lead healthy, stress free lives. Work should not make workers ill and if you are injured
provisions should be in to place to assist you in your return to fitness and the labour market.

Governments throughout the world have developed legislation to protect the rights of workers.
Governments have seen the need to establish legislation to provide a healthy and safe
workplace in order to reduce the number of injuries and death that have occurred in the past.

Improved occupational health and safety can lead to improved productivity and a better working
experience for all workers.

Young people and new workers

Statistics collected by insurers and submitted to WorkCover show that young workers between
the ages of 15 and 25 are being hurt on the job every day. Young workers generally lack
experience and are generally unfamiliar with workplace procedures.

For young workers, employers must provide information and training about
work hazards and safe work practices that give consideration to young
people’s age and experience.

Workers greatest at risk in the workplace include:

o Young workers - people under the age of 25

o New workers including people who are:
 entering the workforce for the first time
 employed for less than 12 months
 re-entering the workplace
 transferring to a new job
o Male employees

Unit 1: Laws that protect workplace health & safety Page 3 of 33

Young workers at risk

Young workers and new employees often have a greater chance of being injured at work.

A variety of factors may contribute to this higher risk factor:

o lack of experience
o eagerness to please
o lack of training in Occupational Health and Safety
o lack of supervision

In NSW in 2000/2001
o 13 workers under the age of 25 were killed in the workplace. All of these workers were
male. This represented 9% of all fatalities. Of these, seven were killed by vehicle accident

o approximately 7,500 workers under the age of 25 were injured.

Some of these injuries were minor, allowing rapid return to work. Others were major and
more incapacitating. Some of the young people will never be able to go to work again!

(Source: Statistical Bulletin 2000/2001, WorkCover NSW)

Why are young workers greater at risk?

o One of the contributors to accidents and injury of young people in the workplace is
inexperience.
o Young workers are not always aware of the range of physical, environmental, chemical and
biological hazards in their new working environment.
o Their knowledge of health and safety rights and responsibilities will often be inadequate.
o They may be afraid to address the issue with their employer.

Adequate information, training and supervision of health and safety must be provided to all new
workers.

The Occupational Health and Safety Regulation 2001 clearly states that “in determining the
nature and extent of necessary supervision, the employer must have regard to the competence,
experience and age of each employee”. (Clause 14(3))

Each employer has a duty of care to provide a safe workplace for all their employees. This
includes risk management and training. Young workers must be trained to do their work in a
safe manner from the first day of employment. The Occupational Health and Safety Act clearly
states that employers must “provide such information, instruction, training and supervision as
may be necessary to ensure the employees’ health and safety at work.” (Division 1(8d))

Gender differences
Statistical data suggests that gender appears to be a significant factor in the incidence of
workplace injury.

In 2000/2001 male injuries comprised 70.5% of all workplace injuries. This includes
occupational diseases. (Source: Statistical Bulletin 2000/2001, WorkCover)

Unit 1: Laws that protect workplace health & safety Page 4 of 33

 The statistics below show a constant trend for male injuries to be significantly greater than those
for females. However there has been a steady increase in the number of injuries for females.
This may partly be explained by an increase in the female workforce.

Number of workplace injuries, 1991/92 – 2000/2001

1991/92 1992/93 1993/94 1994/95 1995/96 1996/97 1997/98 1998/99 1999/00 2000/01
Male 30,086 27,576 29,680 31,611 31,483 32,318 31,925 30,200 28,798 28,477

Female 8,077 8,349 9,620 10,893 11,162 12,336 12,057 11,539 10,733 11,518

Total 38,163 35,925 39,307 42,505 42,648 44,654 43,982 41,739 39,531 39,995

% Male 79% 77% 76% 74% 74% 72% 73% 72% 73% 71%
Injuries
(Statistical Bulletin 2000/2001, WorkCover NSW and Statistical Bulletin Workcover NSW
Statistical Bulletin 1998/99)

The cost of workplace injury and illness

Unsafe 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 consequences of workplace injury include:

o financial costs
o human costs
o social costs

Financial costs affect the worker, the wider community and the State.

In NSW in 2000/2001:
o The total number of workplace injuries was 49,253, (39,995 workplace injuries and 9,258
occupational diseases).
o There were 139 workplace fatalities.
o The gross incurred cost of employment injuries was $1,138 million.
o Time lost for temporary disability cases was 398,838 weeks.
o The most common workplace injuries were sprains and strains (64%) accounting for a
cost of $565 million.
o Back injuries accounted for over 30% of workplace injuries and cost $270 million.

Unit 1: Laws that protect workplace health & safety Page 5 of 33

 (Source: Statistical Bulletin 2000/2001, WorkCover)
The legal framework

All workers in NSW, including full-time, part-time, permanent, temporary and casual workers,
are covered by occupational health and safety laws passed by the NSW parliament.

Under 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 non-employees at the place of work.

WorkCover NSW manages the State's workplace safety, injury management, and workers
compensation systems. WorkCover NSW has the power to prosecute employers who fail to
fulfill this duty.

The OHS Legislation in NSW

OHS Legislation in NSW consists of an Act of Parliament and a consolidated regulation made
under this Act. These are supported by various codes of practice .

OH&S
Act
2000

An Act of
Parliament
OH&S Regulation
2001
Regulations give details on how
certain sections of the Act are to be
implemented. The Regulation calls on
various Australian Standards and
other standards and codes of practice
to establish guidelines for particular
OHS issues. Everything in the
Regulation is law and must be
followed.

Codes of Practice
Codes of practice give practical guidance on how the required
standard of health, safety and welfare can be achieved in an area of
work. They are approved under the OH&S Act by the Minister for
Commerce.

Sometimes Codes of Practice are ‘called up’ in Regulations and in

these circumstances have the same legal force as the Regulation
itself. Otherwise, Codes of Practice 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

OH&S Act or as evidence to support a prosecution for failing to
comply with or contravening the OH&S Act or OH&S Regulation.
Unit 1: Laws that protect workplace health & safety Page 6 of 33
Acts of Parliament

The main Act which covers all health and safety in the workplace in NSW is the Occupational
Health and Safety Act 2000 which came into effect from September 2001. It lays down the
requirements for health, safety and welfare which must be met at all places of work in NSW. The
Act covers self-employed people as well as employers and employees

Information and a copy of the Occupational Health and Safety Act is available from the web
sites:
http://www.WorkCover.nsw.gov.au/ http://www.austlii.edu.au/

Regulations

The Occupational Heath and Safety Regulation 2001 replaces all existing Occupational Heath
and Safety Regulations, the Construction Safety Act 1912 and Regulations and Part Three of
the Factories, Shops and Industries Act 1962.

The Occupational Health and Safety Regulation 2001 aims to support the Occupational
Health and Safety Act 2000 in achieving reductions in the incidence of workplace injuries and
disease.

The Regulation emphasises a risk management approach. Under this risk management
approach, there is a legal requirement to manage risks in the workplace.

Legal requirements include requirements to:

o identify hazards
o assess risks
o eliminate or control risks
o review risk assessments and control measures

Regulations give details on how certain sections of the Act are to be implemented.

Regulations made under the OHS Act cover specific areas of work such as:
o Risk management
o First Aid
o Workplace consultation
o Work premises and working environment
o Notification of Accidents
o Floors, Pathways and Stairs
o Manual Handling
o Noise
o Hazardous Substances

Information and a copy of the Occupational Health and Safety Regulation 2001 is available from
the web sites:

http://www.WorkCover.nsw.gov.au/ http://www.austlii.edu.au

Unit 1: Laws that protect workplace health & safety Page 7 of 33

Code of practice

Codes of practice give practical guidance on how the required standard of health, safety and
welfare can be achieved in an area of work. They are approved under the OH&S Act by the
Minister for Commerce and are published in the Government Gazette.

Sometimes Codes of Practice are ‘called up’ in Regulations and in these circumstances have
the same legal force as the Regulation itself. Otherwise, Codes of Practice 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 OH&S Act or as evidence to
support a prosecution for failing to comply with or contravening the OH&S Act or OH&S
Regulation.

In summary, an approved industry code of practice:

 Gives practical guidance on how the required 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.

 Can be used to support prosecution for failing to comply with or contravening the Act or
Regulation.

(Source: OHS Consultation: Code of Practice 2001, WorkCover NSW)

Examples of Codes of Practice are:

o Electrical Practices for Construction Work

o OHS Consultation
o Labelling of Workplace Substances
o Workplace Injury and Disease Recording
o Workplace Amenities
o Noise Management and Protection of Hearing at Work
o Safe Work on Roofs
o Safety at Work – A Guide for Young Workers in Hospitality
o Protecting Young Workers from Workplace Hazards
o Workplace Violence Series (including WV – Awareness, WV – Prevention, WV –
Intervention, WV – Legal Consequences)

Unit 1: Laws that protect workplace health & safety Page 8 of 33

Responsibilities of the employer
Under the Occupational Health and Safety Act 2000 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 exits
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 adequate facilities for the welfare of the employees
(Source: Summary of the OHS Act 2000, WorkCover NSW)

Under the Occupational Health and Safety Regulation 2001 the employer must:
o identify hazards
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 equipment
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 OHS Regulation 2001, WorkCover NSW)

Responsibilities of the employee

Work experience and work placement students are considered to be “volunteers” 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.

Under Section 21 of the OHS Act any person must not intentionally or recklessly interfere with
or misuse any personal protective equipment or anything else provided in the interests of safety.
Students have a legal duty under this section of the Act and can be fined if they breach it. The
maximum penalty is currently 30 penalty units for a first offence.

Under the Occupational Heath and Safety Act 2000, an employee must:
o take reasonable care for the health and safety of themselves and
other people at the place of work
o co-operate with his or her employer or other person in the interests
of health, safety and welfare.

Unit 1: Laws that protect workplace health & safety Page 9 of 33

 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 request to assist in giving aid or preventing a risk to health and
safety
(Source: Summary of the OHS Act 2000, WorkCover NSW)

Under the Occupational Health and Safety Regulation 2001, 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 requirements of the Regulation.
(Source: OHS Regulation 2001, Clause 28 (1) WorkCover NSW)

Other parties responsible for workplace health and safety

The Occupational Health and Safety Act 2000 also outlines the responsibilities of other parties
involved in the provision of a safe working environment.

o Employers and self-employed people must ensure the health and

safety of people visiting or working at their places of work, who are
not their employees, by not exposing them to risk
o Manufacturers, 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 adequate
information to those who are supplied with the plant or substance to
ensure its safe use.
o Persons who erect or install equipment at a workplace also have the manufacturer’s
obligation to make sure that the equipment is safe to use when properly used
o Persons in control of non-domestic premises used as a place of work, by persons other than
their employees, must ensure that the premises and exits and entrances are in a safe
condition
o Persons 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 OHS Act 2000, WorkCover NSW)

Occupational health and safety law enforcement

In NSW, WorkCover Inspectors have the role of ensuring safe workplaces. They help employers
and employees to understand their rights and obligations under occupational health and safety,
injury management and workers compensation legislation. They also have a range of powers to
enforce compliance with the legislation. WorkCover inspectors can enter any workplace at any
time to conduct an investigation. Inspectors can issue investigation, improvement or prohibition
notices. It is an offence to prevent an inspector from doing their job.

Unit 1: Laws that protect workplace health & safety Page 10 of 33

Unit 1: Laws that protect workplace health & safety Page 11 of 33
Inspectors are empowered to act under the:
o Occupational Health and Safety Act 2000
o Workers Compensation Act 1987
o Workplace Injury Management and Workers Compensation Act 1998.

Workplace visits

Inspectors visit workplaces to:

o investigate work place incidents and breaches of
legislation
o attend court, provide evidence and prepare
comprehensive reports
o respond to OHS complaints from workers, unions, OHS
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 hazards
o target hazards in industry sectors as part of specific injury prevention projects and
campaigns
o resolve workplace health and safety disputes.

Enforcement role

Inspectors have the power to:

o issue notices which require employers to remedy unsafe working conditions or hazards
o issue notices prohibiting work from continuing until a hazard is fixed
o issue notices requiring employers to provide proof of correct worker compensation
insurance
o issue on-the-spot fines for breaches of the OHS Legislation
o collect evidence and recommend a prosecution.

Information role

Inspectors are trained to advise employers and employees about the risk management
approach to all aspects of occupational health and safety, injury management and workers
compensation matters.

For example, they can give advice on how to:

o conduct a workplace risk assessment
o bring plant, equipment and work methods up to the required standards
o establish a rehabilitation program.

(Source: Role of the WorkCover Inspector, WorkCover NSW)

Unit 1: Laws that protect workplace health & safety Page 12 of 33

Penalties
WorkCover inspectors have the authority to issue penalties or fines and/or initiate prosecution
for breaches of the Occupational Health and Safety Act 2000 and the Occupational Health and
Safety Regulation 2001.

The maximum penalties for an offence under the OHS Regulation 2001 range from $2,200 to
$27,500 depending on the type of offence (e.g. an administrative breach of the Regulation
attracts a lesser penalty, while safety breaches attract higher penalties).

Penalty notices (on-the-spot fines) under the OHS Regulation 2001 range
from $550 to $600 for employers, and from $1,100 to $1,500 for non-
compliance with an Improvement Notice.

The maximum penalties under the OHS Act 2000 for an offence is:
o corporation – 5,000 penalty units (presently $550,000 for first offence)
o individual – 500 penalty units (currently $55,000 for first offence)
o corporation – 7,500 penalty units (previous offender).
o individual – 750 penalty units (previous offender) and/or 2 years
imprisonment.

The Court can also order offenders to do things, e.g. paying WorkCover costs of the
investigation.
(Source: Summary of the OHS Act 2000, WorkCover NSW)

Managing workplace health and safety

Health and safety laws in NSW require employers to have in place a

means to:
o identify all hazards in their workplace
o assess the risks arising from those hazards
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.

Consultation is a key feature of risk management since involving the people who do the work in
identifying hazards and how to control risks is the most effective way to manage workplace
health and safety. This also allows employers to meet their legal requirements on consultation
under the Occupational Health and Safety Act 2000.

The Occupational Health and Safety Regulation 2001 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 requirement for the
employer to provide training for OHS committee members and OHS representatives.

Consultation is required:
o whenever risks to health and safety are being examined or reviewed

Unit 1: Laws that protect workplace health & safety Page 13 of 33

 o when decisions are being made about measures taken to eliminate or control risks
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.

Consultation can take place through an OHS committee, an OHS representative or using other
arrangements that have been agreed upon by the employer and the employees.

Employers need policies and procedures in place to make sure that potential hazards and the
health and safety of people in the workplace are addressed. An occupational health and safety
management system is a documented, coordinated plan to make sure hazards and associated
risks in the workplace are managed.

The six steps in creating an OHS management system are:

o Determine who is responsible for health and safety
o Plan to work safely
o Involve employees in the process
o Develop procedures
o Train people in the procedures
o Monitor, review and improve the system.

(Source: Risk Management at Work, Guide 2001, WorkCover NSW)

Unit 1: Laws that protect workplace health & safety Page 14 of 33

Laws that protect workplace health and safety

Student Activity 1: The cost of workplace injuries

Outcomes: Students will be able to:

o demonstrate an understanding of the different consequences of
workplace injuries
o classify the consequences as either a financial or human cost or other
o determine which group is directly affected by workplace injuries,
employee, employer or community,

Resources:
Overhead transparency – Consequences of workplace Injuries
Handout - Consequences of Workplace Injuries

Activity Outline:

o Place a tick ( ) in the column which best describes the consequence described. Is it

 a human consequence?
 a financial consequence?
 other (does not fit into either)?

In some cases you may have to tick () more than one column.

o Now decide if each consequence directly affects

 the employee
 the employer
 the community

and place a tick () in the appropriate column.

Unit 1: Laws that protect workplace health & safety Page 15 of 33

The cost of workplace injury - Overhead Transparency

Unit 1: Laws that protect workplace health & safety Page 16 of 33

 The cost of workplace injuries - Handout

Consequences of
workplace Human Financial Other Employer Employee Community
injuries

Increased taxes
Legal costs
Fines
Hospitalisation
Medical expenses
Loss of future earnings
Effect on family
Increased insurance
premiums
Replacement staff
Staff retraining
Increased Medicare levy
Lost income
Social welfare payments
Disruption to social and
recreational activities
Prohibition order
Psychological stress
Emotional stress
Letters to the editor
Ongoing pain and
discomfort
Disruption to study
Strained relationships
Discomfort
Loss of morale
Lost production
Rehabilitation
Investigation by WorkCover
Reports in the media
Pain
Disruption to career
planning
Workers compensation
payments
Other

Unit 1: Laws that protect workplace health & safety Page 17 of 33

Laws that protect workplace health and safety

Student Activity 2: The Occupational Health and Safety Act 2000

Outcomes: Students will:

o be aware of the rights and responsibilities of both employers and
employees
o understand the role of an Occupational Health and Safety
Committee
o gain an understanding of the Occupational Health and Safety Act
2000
o access and navigate through the Occupational Health and Safety Act
2000.

Resources:
o Internet connection
o Student worksheets

Activity Outline:
Students are to complete the student worksheets using the Occupational Health and Safety Act
2000 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 Health and Safety Committee.

The full Act can be found at:

http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

This page lists the contents of each part of the Act. The Act itself is extensive, covering 142
sections providing information on:
o Duties relating to health, safety and welfare at work
o Regulations
o Industry codes of practice
o Investigations
o Investigation, improvement and prohibition notices
o Criminal and other proceedings

Unit 1: Laws that protect workplace health & safety Page 18 of 33

The Occupational Health and Safety Act 2000 - Worksheet 1

Go to the website: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 3 in Part 1- Preliminary of the OH&S Act.

This section lists the objectives of the Act.

Below is a list of key words that you need to know the meaning of before you read the passage
below. You may need to find their meaning in a dictionary.

Key Words

assessed controlled eliminated identified promote

consultation develop ensure illness protect
safety secure health injury provide
risks welfare

Read the passage and underline the key words in the appropriate sentence.

The objectives of this Act 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 injury and illness and that is adapted to their physiological and psychological needs
o to provide for consultation and co-operation between employers and employees in
achieving the objectives of this Act
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.

Unit 1: Laws that protect workplace health & safety Page 19 of 33

The Occupational Health and Safety Act 2000 - Worksheet 2

Go to the website: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 8, Duties of Employers in Part 2 Duties of Employers - Duties Relating To

Health, Safety And Welfare At Work, Division 1 - General duties

This section explains the legal requirements of the employer to provide a safe environment for
their employees. Read through these requirements.

Answer true or false to the following statements by placing a tick ( ) in the correct column.

STATEMENT TRUE FALSE

An employer must ensure the health, safety and

welfare at work of all the employees of the employer.

An employer must provide a swimming pool and

gymnasium for their employees

An employer must ensure that any premises controlled

by the employer are safe and without risks to health of
employees

An 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

Exit from and access to the workplace must not be

blocked.

An employer must ensure that any system of work and

the working environment of the employees are without
risks to the health of the employees

An employer must provide such information, training

and supervision as may be necessary to ensure the
employees’ health and safety at work

An employer must provide adequate facilities for the

welfare of the employees at work.

Unit 1: Laws that protect workplace health & safety Page 20 of 33

Unit 1: Laws that protect workplace health & safety Page 21 of 33
 The Occupational Health and Safety Act 2000 - Worksheet 3

Go to the website: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 12 - Penalty for offence against this Division in Part 2 - Duties Relating To
Health, Safety And Welfare At Work, Division 1 - General duties

Employers have a legal responsibility to provide a safe workplace. If they fail to do this they are
guilty of an offence and must pay a penalty or fine.

Read this section and answer the following questions.

Question Answer

1) What is the monetary value of a penalty

unit?

2) How much would a corporation have to

pay if they were convicted, were a
previous offender and had to pay 6,000
penalty units?

3) How much would a corporation have to

pay if they were convicted, were not a
previous offender and had to pay 1,000
penalty units?

4) How much would an individual have to

pay if they were a previous offender and
received the maximum penalty?

5) What term of imprisonment does an

individual receive under the maximum
penalty?

Unit 1: Laws that protect workplace health & safety Page 22 of 33

The Occupational Health and Safety Act 2000 - Worksheet 4

Go to the website: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 20 – Duties of the Employees, in Part 2 - Duties Relating To Health, Safety And
Welfare At Work, Division 3 – Related Duties.

An employee also has a legal responsibility to maintain a safe and healthy workplace not only
for themselves but also for others in the workplace.

Read through the points on employees’ duties and answer the following question.

Note: Don’t forget, even though work experience and work placement students are not
classified as “employees” these responsibilities still should be followed to ensure student safety
in the workplace.

Describe the two duties of employees as stated in the Occupational Health and Safety Act.

1)

2)

Go to the website: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 21 – Person not to interfere with or misuse things provided for Health, Safety
and Welfare in Part 2 - Duties Relating To Health, Safety And Welfare At Work, Division 3 –
Related Duties.

Any member of the workforce who either intentionally or recklessly interferes with anything
provided for health or safety faces a fine or penalty.

1) How 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? _____________

 in any other case?________________________

Unit 1: Laws that protect workplace health & safety Page 23 of 33

The Occupational Health and Safety Act 2000 - Worksheet 5

Go to the website: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/

Click on Item 23 - Unlawful dismissal or other victimisation of employee in Part 2 - Duties

Relating To Health, Safety And Welfare At Work, Division 3 – Related Duties.

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 Health and Safety Committee.

Read through this section and complete the table using the information given on maximum
penalties.

TYPE DESCRIPTION MAXIMUM PENALTY

Corporation Previous offender

Corporation First offence

Individual Previous offender

Individual First offence

Unit 1: Laws that protect workplace health & safety Page 24 of 33

Laws that protect workplace health and safety

Student Activity 3: Overview Questions

1. What is the purpose of occupational health and safety legislation?

2. List the main parts of the OHS legal framework in NSW. Briefly explain what each part
contains. Which of these is not law but is still an important part of the legal framework?
Explain your answer.

3. What are the responsibilities of the employer in the provision of workplace health and
safety?

4. What are the responsibilities of the employee/student in ensuring workplace health and
safety?

Unit 1: Laws that protect workplace health & safety Page 25 of 33

 5. List any others with a responsibility in ensuring a healthy and safe workplace. What are
their responsibilities?

6. What is the name of the authority that manages workplace health and safety in NSW?
How are the OHS laws enforced?

7. List the steps that employers can use to manage health and safety in their workplace.

8. Why is consultation with employees such an important part of keeping workplaces safe?

9. Do you think that a student can be part of this consultation? Explain your answer?

Unit 1: Laws that protect workplace health & safety Page 26 of 33

Laws that protect workplace health and safety

Student Activity 4: Find a Word

H K H E K S I R H P I S P Z W X A G U C
H T W R N C A N T R P P E D M P
A L W E S M Z I J R O J E V E T L
Z S X V P A A U E H H W V T N A
A M E O E N R R S I E G Z U E N
R G R C C U D Y S B A R J C M T
D R A K T A P S M I L H A E E D
O E C R O L A Y E T T P B S G G
U G F O R H R T C I H E S O A IY
S U O W E A E L A O B E B R N F
S L Y H Y N C A L N K T X P A X
U A T G O D O N P N L T U W M F
B T U N L L R E K O S I K J K V
S I D I P I D P R T D M Z C S W
T O T N M N Q H O I Q M G C I Y
A N G IA E G A G W C V O H J R W
N H F R T A L T I E S C W M G O
C G H T N O I A T L U S N O C U
E X Z O E R O I V R E P U S N P
S A W R K M T H O D M W O R

Find and circle each of the following words.

Committee Consultation
Duty Of Care Employee
Employer Fatalities
Hazard Hazardous Substance
Health Injury
Inspector Legislation
Manual Handling Occupational
Penalty Plant
PPE Premises
Prohibition Notice Prosecuted
Record Regulation
Representative Risk
Risk Management Safety
Safe Work Method Stress
Supervisor Training
Work WorkCover
Workplace

Unit 1: Laws that protect workplace health & safety Page 27 of 33

Laws that protect workplace health and safety

Student Activity 5: The cost of workplace accidents

Here is a scenario of an accident in which a member of the office staff passes through the office
carrying a load of stationery.

Let’s call him David, a co-operative employee who does his best to please. So David loads
himself up with as much as he can carry. A couple of reams of paper, half a dozen writing pads,
some manila folders and other assorted items. In fact, he can’t see properly where he’s going.

As a result David trips over an extension cord near one of the desks and falls. As 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. He misses the desk and falls heavily. On the way down he grasps
at the computer and drags it down with him. He hits his chin on the edge of the desk and suffers
a cut to the face which requires stitching. He’s off work for two days.

Let’s see what this minor accident cost the employer.

First the medical costs were $58.

The two paid days off work cost $160.
Because the total costs were under $500, the employer did not recover the amounts from his
worker’s compensation insurer.
That sounds like $218, which the manager shrugged off.

But in reality, there’s more.

As a result of David’s fall, the computer board was damaged, for which a replacement had to be
flown from interstate. That cost $320.

And it took three weeks to arrive.

Because the work was vital, a computer needed to be hired. Cost: $450.

As the accident occurred before a back-up was made, the day’s input was lost. Overtime paid to
a keyboard operator amounted to $120.

The office staff who rushed to David’s aid and called the first aid attendant then spent a further
twenty minutes discussing the accident. Cost, say $20.

The pay clerk spent extra time organising David’s leave and paying the keyboard operator’s
overtime. Cost, $10.

The first aid attendant spent 30 minutes with David. Cost, $30.

The store person responsible for organising a replacement circuit board spent time on the
phone and on paperwork. Cost, another $30.

Unit 1: Laws that protect workplace health & safety Page 28 of 33

David’s supervisor had to investigate the accident and prepare a report. Cost, $35.

So what looked like a simple matter of $218 quickly grew into a more serious amount of $1000.
Where did the money come from? Out of net profits.

If your company works on say, a net profit margin of 4%, your sales force needs to sell goods to
the value of around $25,000 to make up the hidden costs of the accident.

Exercise:

In the example of David and his fall the following costs flowed onto the employer:

 Medical fees
 Two paid days off work
 Below threshold for recovery from insurance
 Computer damage
 Hire replacement computer
 Overtime to keyboard lost input
 Lost 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)

Unit 1: Laws that protect workplace health & safety Page 29 of 33

Costs of workplace injuries OHT

2000/2001 statistics for Australia:

o There were 319 fatalities in the workplace

o A further 71 fatalities occurred on journeys to or from work

o Sprains and strains of joints and adjacent muscles accounted

for 53% of injuries

o Just over 25% of all new injury or disease cases related to back
injuries

o 90.0% of the fatalities were males and 9.4% were females.

In NSW in 2000/2001:

o The total number of employment injuries was 53,797

o 139 fatalities were reported:

 47 from workplace injuries
 59 from non-workplace injuries
 39 from occupational diseases

o 71% of injuries/illnesses were for males

o The most common workplace injuries were sprains and strains,

64%, which accounted for 70% of the cost of workplace injuries

o Total payments made was $2,946 million of which 66% were

compensation claims

Unit 1: Laws that protect workplace health & safety Page 30 of 33

What your employer must do OHT

Under the OHS Act 2000, the employer must:

o Maintain places of work that are safe and without risks to

health, including safe entrances and exits

o Make arrangements to ensure the safe and proper use,

handling, storage and transport of plant and substances

o Provide and maintain systems of work and working

environments that are safe and without risks to health

o Provide the information, instruction, training and supervision

necessary to ensure the health and safety of employees

o Provide adequate facilities for the welfare of the employees

Unit 1: Laws that protect workplace health & safety Page 31 of 33

What you must do as an employee OHT

Remember, students are not classified as employees under the OHS Act
2000, but should follow these guidelines to ensure their own safety and that
of others while in the workplace.

All persons must not:

o Interfere or misuse things provided for the health, safety or

welfare of persons at work

o Obstruct attempts to give aid or attempts to prevent serious risk

to the health and safety of a person at work

o Refuse a reasonable request to assist in giving aid or preventing

a risk to health and safety

o Disrupt a workplace by creating health or safety fears

Unit 1: Laws that protect workplace health & safety Page 32 of 33

The Legal Framework OHT

OH&S
Act 2000

An Act of
Parliament

OH&S
Regulation 2001

Regulations give details on how

certain sections of the Act are to
be implemented. The Regulation
calls on various Australian
Standards and other standards
and codes of practice to
establish guidelines for
particular OHS issues.
Everything in the Regulation is
law and must be followed.

Codes of Practice
Codes of practice give practical guidance on how the
required standard of health, safety and welfare can be
achieved in an area of work. They are approved under the
OH&S Act by the Minister for Commerce.

Sometimes Codes of Practice are ‘called up’ in Regulations

and in these circumstances have the same legal force as
the Regulation itself. Otherwise, Codes of Practice 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 OH&S Act or as evidence to support a prosecution
for failing to comply with or contravening the OH&S Act or
OH&S Regulation.

Unit 1: Laws that protect workplace health & safety Page 33 of 33