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Workplace Health And Safety Essay

1381 words - 6 pages

Workplace Health and Safety

A quick start to the workplace health & safety act 1995
How do you meet your obligations?
You must meet your obligations under the
Act. This can be done in different ways,
but you are obliged to take action to
manage exposure to risk.
Workplace health and safety standards
Regulations -- some regulations are
workplace health and safety standards
that either prohibit exposure to a risk or
prescribe ways to prevent or minimise
exposure to a risk.
To meet your obligations under the Act
you must comply with these types of
Advisory Standards - state ways to
manage exposure to risks common to
industry. To meet your obligation under
the Act, you should follow advisory
standards, although you may adopt
another way if you think it is more suited
to your business or work activity. This
flexibility is designed to allow you to
choose the most appropriate way to
manage exposure to risks at your
Industry Codes of Practice -- state ways
to manage exposure to risks typical in a
part of industry. To meet your obligation
under the Act, you should follow an
industry code, although you may adopt
another way if you think it is more suited
to your business or work activity. This
flexibility is designed to allow you to
choose the most appropriate way to
manage exposure to risks at your
Where there is no regulation, advisory
standard or industry code of practice
about exposure to a risk, you can meet
your obligation by choosing any
appropriate way to minimise exposure to a
risk. However, you must take reasonable
precautions and exercise proper diligence
in making sure the risk is managed.
What are the penalties for a breach of
an obligation?
If you breach an obligation under the Act
you can be prosecuted.
Penalties are substantial: the maximum
penalty for a breach causing death or
grievous bodily harm is $60,000 or 2 years
imprisonment for an individual and
$300,000 for a corporation.
• Following a regulation will provide you
with a defence in a prosecution for a
breach of an obligation.
• Following an advisory standard or
industry code of practice will also
provide you with a defence in a
prosecution for breach of an obligation.
• If you do not follow an advisory
standard or industry code of practice,
you must show that you took
reasonable precautions and exercised
proper diligence in choosing a way to
manage exposure to the risk, or that
the breach happened as a result of
factors over which you had no control.
Workplace Consultation
Workplace health and safety
representatives are elected by coworkers
to convey health and safety
issues to their employer. Representatives
are entitled to carry out inspections,
Brochure -- 006
January 2001
Brochure Division of Workplace Health & Safety bro006v5
A Quick start to the Workplace Health & Safety Act 1995 January 2001
Page 2 of 4
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