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New safety laws for Victoria
Following the Maxwell Review of the 1985 OHS Act, the Victorian Occupational Health and Safety Act 2005 commenced on July 1 2005. The Act reflects changes in workplaces and working arrangements since the original Act was introduced, almost 20 years ago..
Key Changes
Consultation
A new employer duty in relation to consultation is iintroduced.
Employers must consult with employees as well as Health and Safety Representatives (HSRs) regarding:
- Hazard identification and risk assessment and control.
- Adequacy of facilities for welfare of employees.
- Developing procedures.
- Membership of OHS committee.
- Changes to workplace, systems of work, plant and substances.
Consultation must involve:
- Sharing information with employees;
- Giving employees reasonable opportunity to express views; and
- Taking into account the views of employees.
Consultation must also involve HSR(s).
Contractors must also be consulted in relation to matters over which the employer has control.
Health & Safety Representatives
Workplaces can choose to have more than one HSR per designated work group. HSRs can also cover multi employer/site workplaces. This means that one group of workers may be represented by more than one HSR.
HSRs are elected for a term of three years but can renominate. HSRs can now have a deputy HSR.
HSRs will be eligible for 12 monthly refresher training, in addition to initial training.
Union Right of Entry
Authorised representatives (ARs) of registered employee organisations will have a right of entry to workplaces where they reasonably suspect that the Act has been contravened. There are provisions to ensure that powers of entry are used appropriately.
Practicable
The definition is similar in effect to the 1985 Act. All duties now include the wording “reasonably practicable”. Reasonably practicable is not a strict liability standard.
Duties
The term “Persons who have management or control of a workplace”is now used instead of “Occupiers of workplaces”.
A new duty has been introduced for designers. Designers of a building or structure must ensure, so far as is reasonably practicable, that it is designed to be safe and without risks to the health of persons. This is a similar duty to the existing duty of designers of plant. This new duty has significant implications for architects, engineers and other building and structural designers.
Penalties
Persons can face prison sentences if they:
- Recklessly endanger persons in the workplace.
- Discriminate against a person on the grounds of OHS activity.
- Assault or intimidate an inspector.
Fines are substantially increased (maximum $920,000).
There are also new sentencing options:
- Adverse publicity orders: required to publicise offence, consequences and penalty.
- Improvement Projects: specified projects for general improvement of OHS.
- Infringement Notices: enforceable undertakings as alternative to prosecution.
Enforcement & Notices
Procedures in relation to inspectors are clarified and there is an expanded process available to those who wish to have decisions reviewed.
Inspectors may obtain search warrants, ask a person for their name and address, give oral or written directions, copy documents and enter a “place” (which includes vehicles, boats, aeroplanes). Inspectors may issue non-disturbance notices.
"Health" Includes Psychosocial Health
The definition of “Health” now specifically incorporates psychosocial health. This reflects recent trends in the workplace. In 2003 the WorkSafe Advisory Line received 2859 calls about workplace bullying and 124 about discrimination against workers.
Next Steps
Employers should consider requirements of the Act with respect to their current OHS systems and processes in their organisations.
Consultation, modification of systems, training and monitoring will be required. Key issues are:
- OHS Consultation: processes for employee consultation, election of HSRs/Deputy HSRs.
- HSRs: multi site/employer arrangements.
- Employment Practices: discrimination in relation to OHS issues.
- Right of Entry: processes & communication.
- Dealing with inspectors: processes, notices & records.
- Records: List of HSRs &deputies to be sent to VWA and posted in workplace. Received PINs to be posted at workplace.
- Psycho-social Hazards: Procedures required eg Bullying, Stress, Occupational Assault.
- Incident Management: Ensure site is preserved if incident is notifiable.
- Assets: System to track licences, registration and permits.
- HR: System to track licences.
- Training: On new systems /operational requirements for: Executive/line management/ supervisors; HSRs and deputy HSRs and employees.
To discuss these issues further, contact Mark Dohrmann on (03) 9376 1844 or email to
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