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The following information is intended only to provide a summary and general overview of Occupational Health & Safety. It is not intended to be comprehensive nor does it constitute legal advice. You should seek legal or other professional advice before acting or relying on any of the information.
OCCUPATIONAL HEALTH AND SAFETY STATE REQUIREMENTS
NSW WorkCover Authority
The following legislation is in force in NSW:
Occupational Health and Safety Act 2000
Link: http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273/
The following Information should be displayed on site:
* Summary of the NSW Workplace Injury Management and Workers compensation Act 1998,
which provides workers with the name, address and details of the employer's insurer. This also
details worker's rights and obligations in relation to a workers compensation claim and injury
management. (Can obtain from your insurer.)
* OHS Consultation Statement (as suggested by Consultation Code of Practice.
* Should be made available, the Minutes and agenda of OHS Consultation meetings
* First Aid contact name/s.
* Rehabilitation Policy and program.
* WorkCover Investigation, Improvement and Prohibition Notices, if required by Inspector
* NSW WorkCover poster 'Watching Out for You' (contact WorkCover Publications 1300 799 003)
The following records should be kept:
Register of injuries.
Record must be made by:
As soon as practicable after the injury occurred or after notification of work-related illness.
Records should be kept for:
At least five years for injury or illness which is notified to WorkCover. Not specified for other illness or injury.
Records should be placed:
At the workplace, in a readily accessible place.
Notification required?:
For an incident that involves an injury or illness where workers compensation is or could be
payable the employer has an obligation to notify their insurer within 48 hours. If it is a serious
incident (which involves a fatality or a serious injury/illness) then WorkCover needs to be notified
immediately, plus the workers compensation insurer must be notified within 48 hours. For how to notify,
see the WorkCover brochure.
Being 'unfit' for duty means the person is unable to attend their usual place of work, to perform
his or her usual duties at his or her place of work or, in the case of a non-employee, to carry out
his or her usual activities.
In addition, if any of the following not-immediately life-threatening events occur at or in relation
to a workplace, which present a risk to health or safety, WorkCover must be notified:
a spill or incident resulting in exposure or potential exposure of a person to a notifiable or prohibited carcinogenic substance;
removal of workers from lead risk work due to excessive blood lead levels;
exposure to bodily fluids that presents a risk of transmission of blood-borne diseases; and
any incidence of violence at a place of work (supported by a medical certificate) that results in an employee being unfit, for a continuous period of at least seven days, to attend the employee's usual place of work or to perform his or her usual duties at that place of work.
Form of records:
Bound book or loose-leaf. Notification to WorkCover on approved WorkCover form.
Victorian WorkCover Authority
The following legislation is in force in VIC:
Occupational Health and Safety Act 1985 (replaced by 2004 Act)
Occupational Health and Safety Act 2004 (commenced 1 July 2004)
Link: http://www.austlii.edu.au/au/legis/vic/consol_act/ohasa2004273/
The following Information should be displayed on site:
* If you are Injured' (poster can be obtained from Insurance company).
* Provision of adequate first aid facilities at the workplace, the location of first aid kits,
the names and work location of trained first aiders (either display or provide individually).
* Emergency Management Plan
The following records should be kept:
Any first aid treatment given to an employee. Details kept should include:
* workers name and occupation or job title;
* time and date of injury; location at the time of injury;
* description of how the injury was received;
* nature of injury and bodily part/s affected;
* witnesses;
* nature of first aid treatment given;
* name of person making the entry in the records; and
* date of entry in register.
Record must be made by:
Not specified in legislation.
Records should be kept for:
Not specified in legislation.
Records should be placed:
Not specified in legislation.
Notification required?:
The employer must notify WorkCover immediately after it becomes aware of an incident
at a workplace which results in:
* the death of any person; or
* a person requiring medical treatment within 48 hours of exposure to a substance; or
* a person requiring immediate treatment as an in-patient in a hospital; or
* a person requiring immediate medical treatment for: the amputation of any part of his or her
body; a serious head injury; a serious eye injury; the separation of his or her skin from underlying
tissue (such as degloving or scalping); electric shock; a spinal injury; or serious lacerations.
Form of records:
Approved Incident Notification Form.
Workplace Health & Safety Authority
The following legislation is in force in QLD:
Industrial Relations Regulation 2000
Link: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/IndustRelR00.pdf
The following Information should be displayed on site:
* Identity of Workplace Health and Safety Representative (Sec 95(1).
* Record & Display MSDS's (Work Health & Safety Regulation 1997-Part 13/Sec 102)
The following records should be kept:
Any work-related illness, work injury or dangerous event.
Record must be made by:
Within three days of record-keeper becoming aware of event.
Records should be kept for:
12 months.
Records should be placed:
At the workplace.
Notification required?:
To Division of Workplace Health and Safety, of any incident resulting in a person suffering a work injury that is a serious bodily injury, a work caused illness or a dangerous event, within 24 hrs of notifier becoming aware of the event.
'Serious bodily injury' is defined as an injury to a person that causes -
(a) the injured person's death; or
(b) the loss of a distinct part or an organ of the injured person's body; or
(c) the injured person to be absent from the person's voluntary or paid employment for more than four days.
'Work caused illnesses' is defined as:
(a) an illness contracted by a person to which work, a workplace, a workplace activity or specified high risk plant was a significant contributing factor; or
(b) the recurrence, aggravation, acceleration, exacerbation or deterioration in a person of an existing illness if work, a workplace, a workplace activity or specified high risk plant was a significant contributing factor to the recurrence, aggravation, acceleration, exacerbation or deterioration.
'Work injury' is defined as:
(a) an injury to a person that requires first aid or medical treatment if the injury was caused by work, a workplace, a workplace activity or specified high risk plant; or
(b) the recurrence, aggravation, acceleration, exacerbation or deterioration of an existing injury in a person if -
(i) first aid or medical treatment is required for the injury; and
(ii) work, a workplace, a workplace activity or specified high risk plant caused the recurrence, aggravation, acceleration, exacerbation or deterioration; or
(c) any serious bodily injury, if the injury was caused by work, a workplace, a workplace activity or specified high risk plant.
The definition of a 'dangerous event' specifies the events to be notified to the Division of Workplace Health and Safety as follows:
'An event caused by specified high risk plant, or an event at a workplace caused by a workplace activity, if the event involves or could have involved exposure of persons to risk to their health and safety because of -
* collapse, overturning, failure or malfunction of, or damage to, an item of specified high risk plant;
* collapse or failure of an excavation or of any shoring supporting an excavation;
* collapse or partial collapse of any part of a building or other structure;
* damage to any load bearing member of, or the failure of any brake, steering device or other control device of, a crane, hoist, conveyor, lift or escalator;
* implosion, explosion or fire;
* escape, spillage or leakage of any substance, including any hazardous material or dangerous goods;
* fall or release from a height of any plant, substance or object;
* damage to a boiler, pressure vessel or refrigeration plant; or
* uncontrolled explosion, fire or escape of gas or steam.'
In general, these events are those that are likely to cause serious bodily injury or death if a person were in proximity to the work area when the event occurred.
Reporting requirements to the Division of Workplace Health and Safety are aligned with WorkCover Queensland provisions so that employers do not have to report the same accident twice.
Form of records:
Approved Incident Record/Report Form (available from Division of Workplace Health and Safety).
Workplace Services
The following legislation is in force in SA:
Occupational Health, Safety and Welfare Act 1986
Link: http://www.austlii.edu.au/au/legis/sa/consol_act/ohsawa1986336/
The following Information should be displayed on site:
* OHS&W Regulations 1995 - any notices required by the regulations
* Notice for election of health and safety rep, at least 8 business days prior to election
* Sign indicating the location of first aid kit.
* Default notice issued by HSR, in a prominent location close to the affected area.
The following records should be kept:
All first aid treatments given. Record book and pencil are prescribed as part of Basic and Occupational First Aid Kits.
Record must be made by:
Not specified by legislation.
Records should be kept for:
For three years.
Records should be placed:
In the First Aid Room (if provided), otherwise in a secure location at the workplace. Refer to Division 6.3 - 'Confidentiality of Health Records' of the Occupational Health, Safety and Welfare Regulations, 1995.
Notification required?:
To Workplace Services, as soon as practicable by phone or fax, but within 24 hours, of any work related death, any injury that has acute symptoms associated with exposure to a substance at work, and any injuries that require treatment as an inpatient in a hospital immediately after the injury.
Form of records:
By telephone immediately, or facsimile immediately using 'Notification of Dangerous Occurrences' form.
WorkSafe
The following legislation is in force in WA:
Occupational Safety and Health Act 1984
Link: http://www.slp.wa.gov.au/statutes/swans.nsf/5d62daee56e9e4b348256ebd0012c422/
16605ddaa82252924825670400156b4c/$FILE/Occupational%20Safety%20and%20
Health%20Act%201984.PDF
The following Information should be displayed on site:
* WA OHS Act (1984) Sec 48(3) - Improvement notices or copy of it to be displayed in a prominent place at or near any workplace affected by the notice.
* Recommend Company OHS Policy to be displayed; Acts & Regulations easily accessible (non regulated).
The following records should be kept:
All occupational diseases, illnesses and injuries. Note pad and pencil are prescribed as part of the Basic First Aid Box.
Record must be made by:
Not specified by legislation.
Record should be kept for:
Not specified by legislation.
Record must be placed:
Stored in a secure place, confidential, but own records to be available to employees as requested.
AS 1885.1 'Describing and reporting occupational injuries and disease' is suggested as a useful guide to setting up a system.
Notification required?:
To WorkSafe Western Australia Commissioner.
Injuries:
* Fracture of the skull, spine or pelvis;
* Fracture of any bone in the arm, other than in the wrists or hand; in the leg, other than a bone in the ankle or foot;
* Amputation of an arm, a hand, finger, finger joint, leg, foot, toe or toe joint;
* Loss of sight of an eye;
* Any other injury which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work for 10 days after the injury.
Diseases:
* Infectious diseases - tuberculosis, viral hepatitis, Legionnaire's disease, HIV - contracted during work involving exposure to human blood products, body secretions, excretions or other material which may be a source of infection.
* Occupational zoonoses - anthrax, Q fever, leptospiroses, brucellosis - contracted during work involving the handling of or contact with animals, animal hides, skins, wool, hair, carcasses or animal waste products.
Form of records:
Injuries:
Form 1 of Sch 2, or by telephone.
Details to be provided: name and business address of employer; name, sex and occupation of employee; address of the place at which the injury occurred; date and time the injury was incurred; brief description of how the injury was incurred and the type of machine or equipment, if any, involved; nature of the injury or, where applicable, report of death; and the place to which the employee has been taken.
Diseases:
Form 2 of Sch 2, or by telephone.
The following details must be provided: name and business address of employer; name, sex and occupation of the employee; name and address of the workplace where the employee works; name of the disease; and date of diagnosis of the disease.
Department of Labour
The following legislation is in force in NZ:
Health and Safety in Employment Act 1992
Link: http://www.osh.govt.nz/order/catalogue/809.shtml
The following Information should be displayed on site:
* Hazards in the workplace.
* Hazards that may arise from the type of work that the employee is doing
* The steps to be taken to minimise the likelihood that the employee or any other person will be harmed by those hazards.
* How to deal with any emergencies that arise.
* How to report accidents so that they can be recorded on the accident register.
The following records should be kept:
Maintained accident registers. Accident registers must include all accidents or incidents that harmed any person at work.
Record must be made by:
Employers, principals and self-employed persons.
Records should be kept for:
Not clearly specified by legislation.
Records should be placed:
Not clearly specified by legislation.
Notification required?:
To Departmental regional office of Labour health and safety office, as soon as possible by telephone or by fax (NOT by mail), when an incident involving serious harm occurs at work. Describing, what has happened, to whom and where.
Form of records:
Also within seven days must provide written notice in the required form to the nearest Departmental regional office of Labour health and safety office. If the employer, self-employed person, or principal does not know about the incident within seven days, written notification must be made as soon as possible after they become aware of the incident.
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