A brief guide to the OSH Act 1984

The Act was developed by government, employers and unions. It was based on UK legislation introduced in the 1970’s following an extensive review of the existing OSH laws and regulations by Lord Robens. The report known as the Robens Report was handed down in 1972. An important element in the approach recommended by Roben’s was to develop a mechanism whereby prevention would occur.

Under the current Act, all parties involved in work have responsibilities for occupational safety and health. This includes employers, employees, self employed persons and others such as people who control places where work is carried out, design and construct buildings or manufacture and supply plant.

A key feature of the legislation is that it provides a procedure for employers and employees to consult on occupational safety and health and this is through the election of safety and health representatives or through the establishment of committees.

Aims of the Act

To promote and secure the safety and health of workers
To protect workers from hazards
To assist in ensuring safe hygienic working conditions
To reduce, eliminate and control hazards
To foster co-operation and consultation between employers and employees
To promote education and awareness of occupational safety and health

Duties of Employers

General Duty
Employers must, so far as practicable, provide and maintain a working environment where employees are not exposed to hazards.

Specific Duties
Employers shall provide:

safe systems of work
information, instruction, training and supervision
personal protective clothing where no alternative means of protecting against a hazard are available;
safe plant, equipment and substance;
and must report: certain notifiable injuries/accidents to WorkSafe WA
and must: consult and co-operate with employees on matters affecting health, safety and welfare in the workplace.

Employers are expected to take measures that are practicable and by definition, reasonable. If something is practicable it is physically possible or capable of being done. The question of whether it is also reasonable takes some other factors into account:

The severity of any injury or harm to healthy that may occur.
The degrees of risk or probability of that injury or harm occurring.
How much is known about the hazard and the ways of reducing, eliminating or controlling it.
The availability, suitability and cost of the safeguards.

What is known about the risk and severity of potential injury or harm to health is related to the overall cost and feasibility of the safeguards necessary to avert the risk.

The cost has to do with the expense and inconvenience necessary to put the safeguards in place measured against the consequences of failing to do so. It is not a measure of whether the employer can afford to put the necessary safeguards in place.

Employers would be expected to incur greater expense and inconvenience in the provision of safeguards against those risks which could result in serious injuries from time-to-time, or against those which could result in frequent injuries even though they may be less serious.

Any judgment of whether a safeguard was “reasonably practicable” would be made taking common practice and knowledge throughout the industry into account.

Duties of Employees

General Duty
Employees must take reasonable care for their own safety and health at work and avoid harming the health and safety of other people who may be affected by their work.
Specific Duties

Follow instructions given by the employer which apply to safety and health.
Use personal protective clothing and equipment which has been provided (must be appropriate and employees must receive instruction in care and use)
Take good care of equipment provided in the interests of safety or health. Duty not to damage or misuse equipment
Report any hazards to employer via Principal or Worksite Manager
Report Injury or harm to health connected with work activity
Co-operate with employers to allow them to carry out their duties under the Act

Duties of Occupiers of Premises

People who have to any extent control of a workplace must ensure, so far as is practicable, that the workplace and all entrances and exits are kept clear and in good condition so that people who use the workplace are not exposed to hazards.
In schools and colleges this section applies to Principals and Worksite Managers/Directors, etc.

Duties of Manufacturers and Suppliers

Designers, manufacturers, importers and suppliers of plant for use at a workplace must comply, so far as it is practicable, with the following:

Design and construct plant so that people at work are not exposed to hazards
Test and examine the plant before it is used
Provide information on associated dangers, use, maintenance, etc.

All plant must be installed or erected so it can be used safely.

Manufacturers, importers and suppliers or substances used at workplaces must, so far as it is practicable, provide information on the results of any testing and other health and safety information, e.g. material safety data sheets, instruction manuals, etc.

Persons who design or construct buildings including temporary structures must ensure that they are safe for persons using, maintaining, repairing or servicing the buildings or structure.

Other Provisions

Each workplace has the right to elect one or more persons to represent them on matters relating to occupational safety and health. This person is the OSH rep.
An OSH rep, can ask the employer to form an OSH Committee. The employer may establish a committee on his or her own volition.
It is an offence to discriminate against an employee because they are an elected OSH rep or member of an OSH Committee. It is an offence to discriminate against anyone who has provided information or assistance in the resolution of a safety issue.
There is a set procedure for resolving issues. Issues should be reported to the OSH rep and the Worksite Manager in the first instance.
There are heavy penalties for breaches of the act and employees can be prosecuted and fined as well as employers.

The Right to Refuse Hazardous Work - Section 26

An employee is entitled under the Act to refuse any work where he/she has reasonable grounds to believe there is a risk of imminent and serious injury or imminent and serious harm to health. An employee who refuses to perform such work must immediately notify his/her employer and the OSH rep, if there is one.

An employee who refuses to work in accordance with this section is not required to do that work while the employer and the OSH rep are attempting to resolve the issue. Please contact the Union if you are contemplating this action.

Reasonable Alternative Work

An employee who refuses to work in accordance with Section 26 may be given reasonable alternative work by the employer. Such alternative work must be away from the immediate risk. Reasonable alternative work must be capable of being performed by the employee concerned. Factors that should be considered in examining this requirement include:

The type of work available
Where it is available
The level of expertise required to perform that work

An employee may be required to remain in a safe place in the vicinity of the workplace while either the issue is resolved or reasonable alternative work is found.

If no alternative work can be found, the employee must not be forced to do work where there are reasonable grounds to believe that to do so would create an unsafe situation.

Where an employee performs alternative work, that employee should be paid the same pay and other benefits he/she would normally receive.

There should be consultation with the OSH representative before the commencement of any alternative. A Work Safe WA Inspector can declare a worksite to be safe and failure to return to work after such a declaration can result in loss of pay and benefits.