There are rules and regulations that apply to the electrical, communications, data and electronic security contracting industries, just as with other industries.  This booklet contains rules and advice intended to help you identify hazards and control risks to prevent accidents and secure a safe and healthy workplace.

OH&S Leglislation v Model WHS Leglislation

In 2011, Safe Work Australia developed a single set of WHS laws to be implemented across Australia. These are known as ‘model’ laws and much of this was based on the OH&S laws in Victoria. For the model WHS laws to become legally binding, the Commonwealth, and each of the States and Territories must separately implement them as their own laws.

Both the OH&S laws and the model WHS laws include similar foundations:

  • OH&S Act or the model WHS Act

  • OH&S regulations or the model WHS Regulations

  • Compliance Codes or model Codes of Practice.

Regulators in the Commonwealth and in each state and territory are responsible for regulating and enforcing the laws in their jurisdictions.

The model WHS laws have been implemented in the Australian Capital Territory, New South Wales, the Northern Territory, Queensland, South Australia, Tasmania and the Commonwealth. Some jurisdictions have made minor variations to make sure the legislation is consistent with their relevant drafting protocols and other laws and processes.

Victoria who did not adopted the model laws continues to administer all safety legislation in their state e.g. Acts, Regulations and associated legal instruments remain all fully state based.

For information on the operation of O laws in your jurisdiction, please see the laws in your state or contact your state regulator.

The OH&S Act

The main object of the Act is to secure the health, safety and welfare of employees and other persons at
work; and

  • to eliminate, at the source, risks to the health, safety or welfare of employees and other persons at work; and

  • to ensure that the health and safety of members of the public is not placed at risk by the conduct of undertakings by employers and self-employed

  • to provide for the involvement of employees, employers, and organisations representing those persons, in the formulation and implementation of health, safety and welfare standards

  • securing compliance with the Act through effective and appropriate compliance and enforcement measures

  • ensuring appropriate scrutiny and review of actions taken by persons with powers or functions under the Act

  • providing a framework for continuous improvement

The model WHS Act forms the basis of the WHS Acts that have been implemented in most jurisdictions across Australia.

OH&S Regulations

The OH&S Regulations set out detailed requirements to support the duties in the OH&S Act. They also prescribe procedural or administrative requirements to support the OH&S Act (for example requiring licences for specific activities and keeping records).

Compliance Codes

Compliance Codes are practical guides to achieving the standards of health and safety required under the OH&S Act and Regulations.

An approved Compliance Code applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved Compliance Code would achieve compliance with the health and safety duties in the OH&S  Act and Regulations.

Like regulations, Compliance Codes deal with particular issues and do not cover all hazards or risks that may arise. Health and safety duties require you to consider all risks associated with work, not only those risks that regulations and Compliance Codes exist for.

  • While approved Compliance Codes are not law, they are admissible in court proceedings. Courts may regard an approved Compliance Codes as evidence of what is known about a hazard, risk or control and may rely on the relevant code to determine what is reasonably practicable in the circumstances All model codes have been referenced in preparing this guide. Below are some examples of where the regulator has issued Compliance Codes: Crystiline Silica – Engineered Stone

  • Noise

  • Prevention of falls in General Construction

  • Hazardous Manual Handling

  • Confined Spaces

  • Excavation

Other states and territories under the WHS Act refer to Codes of Practice and these should be referred to when working in jurisdictions outside Victoria.

Employer

“Employer” is a legal term under OHS laws for businesses or organisations that are conducting a business and that engage employees. The term “Employer” is used in Victorian safety legislation, and they have similar duties to a PCBU under WHS laws.  A ‘person conducting a business or undertaking’ (PCBU) is a legal term under WHS laws for individuals, businesses or organisations that are conducting business

As an Employer you must meet your obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people like visitors and volunteers.

These obligations may include such items as:

  • safe systems of work

  • safe use of plant, structures and substances

  • adequate facilities for the welfare of workers

  • notification and recording of workplace incidents

  • adequate information, training, instruction and supervision

  • compliance with requirements under the Work Health and Safety Regulation

  • effective systems for monitoring the health of workers and workplace conditions

  • a safe work environment

  • maintain the premises used for accommodation for workers, if required

As an Employer you have a primary duty of care to ensure workers and others are not exposed to a risk to their health and safety.

You owe this duty of care when as an Employer you:

  • direct or influence work carried out by a worker

  • engage or cause to engage a worker to carry out work (including through sub-contracting)

  • have management or control of a workplace

You must also ensure that the health and safety of others (visitors or members of the public) is not put at risk from work undertaken as part of the business.

For a full list of an Employers legal duties, refer to the Safety Act in the relevant state or contact NECA if you have any difficulties locating the definition.

Worker

Anyone who performs paid work in any capacity for an employer, business or organisation is considered a worker. However, the term can also include unpaid workers such as volunteers or work experience students.

You’re considered a worker if you’re an:

  • employee

  • trainee, apprentice or work experience student

  • outworker, contractor or sub-contractor

  • employee of a contractor or sub-contractor

  • employee of a labour hire company

Duties of a worker

While at work a worker must:

  • take reasonable care for their own health and safety

  • take reasonable care for the health and safety of others

  • comply with any reasonable OH&S direction or instructions, policies and procedure given by their employer, business or controller ( of the workplace when they are complying with their legal duties.

Personal Behaviour and Unsafe Acts

Behaviour likely to cause injury to persons or damage to property is forbidden at any place of work and may lead to performance management process and may include instant dismissal. Such behaviours may include:

  • Reporting for work under the influence of intoxicants or illegal narcotics (alcohol or drugs).

  • Being found to test positive to alcohol or a prohibited drug.

  • Bringing intoxicants, illegal narcotics, gambling devices, or weapons of any kind on or about the workplace.

  • Fighting, bullying, sexual harassment, menacing, threatening, skylarking or otherwise behaving in a distressing manner.

  • Stealing, or unlawfully removing property belonging to the public, client, employer or other contractors or workers.

Do not play “practical jokes’ or indulge in skylarking.  Do not play with fire, electricity, fire extinguishers, compressed air or water hoses.  Do not encourage others to do so.

Do not undertake unsafe acts and if necessary, communicate your concerns with your supervisor to ensure you are working to appropriate safe work practices.  Having a strong understanding of the principles and rules in the Red Book provides a sound foundation for appropriate safe behaviours.

Reasonably Practicable

Reasonably practicable means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters including:

  • the likelihood of the hazard or the risk concerned occurring

  • the degree of harm that might result from the hazard or the risk

  • what the person concerned knows, or ought reasonably to know, about the hazard or risk, and ways of eliminating or minimising the risk

  • the availability and suitability of ways to eliminate or minimise the risk, and

  • after assessing the extent of the risk and the available ways of eliminating or minimising the risk,

  • the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

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