Roles and Responsibilities
Common Law Duties
The OHS&W Act
of 1986 and Common Law oblige employers to provide a safe work environment and
safe work practices for their employees.
Likewise
employees are obliged to behaviour in a manner that does not knowingly put
themselves or their workmates at risk.
Employer Responsibilities
To provide and maintain
-
a safe working environment
-
adequate resources, information, training and supervision
-
an effective health and safety program
-
to establish a process for identifying, assessing; and controlling
risks
To ensure that
To prepare and maintain
OHS&W policies in consultation with
-
Health and safety committees
-
Employees
-
Elected Health and Safety Representatives
-
Unions, if requested by an employee
-
And if the employer chooses, a registered employer association of
which the employer is a member,
To prepare and keep up to date
a written statements, setting out arrangements, practices and procedures which protect the health and safety of employees at work,
and bring this information to the notice of employees.
To identify, assess and control risks.
To look out for their own health and safety,
To look out for the health and safety of "other
persons (not being employees...)”;
(Section 19
Occupational Health Safety & Welfare Act 1986)
(Section 22
Occupational Health Safety & Welfare Act 1986)
(Section 20
Occupational Health Safety & Welfare Act 1986)
(Regulations 1.3.2
– 3)
Employees Responsibilities
Workers' responsibilities are:
-
to not place themselves at risk;
-
to not knowingly put others in danger;
-
to follow safe working procedures;
-
to use machinery and equipment safely;
-
to not let drugs or alcohol affect their work.
-
to report any hazards they may notice in their workplace;
-
to apply any training they have received.
Section 21 Occupational Health
Safety & Welfare Act 1986
Regulations 1.3.8
What Does This Mean for Workers?
Workers should
-
use commonsense in performing their duties,
-
not take unnecessary risks,
-
ensure their behaviour shows they have respect for themselves and
other workers.
And most importantly
Responsibilities
Of Employers Towards HSRs And HSCs
An employer must:-
the workplace itself,
plant,
substances used, handled, processed or stored;
nature of work to be conducted,
procedures for carrying out work;
where those changes might effect the health, safety and welfare
of employees at the workplace.
-
At the request of the employee, permit a Health and Safety
Representative to be present at any interview concerning occupational health,
safety and welfare between the employer and the employee;
-
Permit any relevant Health and Safety Representative to accompany
an inspector during a workplace inspection;
-
Permit a Health and Safety Representative to have access to such
information as the employer possesses or can
reasonably obtain:-
relating to workplace risks,
concerning the health and safety of the employees
and,
when requested to do so, supply a copy of that information to
the Health and Safety Representative;
an accident,
dangerous occurrence,
imminent danger or risk; or
hazardous situation;
-
Notify a Health and Safety Representative of the occurrence of any
work-related injury;
-
Provide such facilities and assistance to Health and Safety
Representatives as are necessary to enable them to perform their functions under
this Act. This includes time off, without loss of income, to perform duties as
Health and Safety Representatives, and to attend approved training courses
(minimum of 5 days per year).
Occupational Health Safety and Welfare Act
1986 Section 34
|