Fact Sheet:  New OHS Laws  

The laws governing occupational health and safety for people at work have to changed.

New laws for occupational health and safety came into effect in September 2002.  The NSW Government introduced in September 2001 a new OHS Act and an accompanying Regulation.  This legislation brings forward sweeping changes to managing safety at work which will present significant challenges to all but a few workplaces. 

In recognising the difficulties facing most workplaces the Government provided a 12 month period of grace from compliance with the new provisions of the Act and Regulations with a further period of 12 months for workplaces employing less than 20 people.  The honeymoon period has ended.  As from September 1 2002 it is expected that workplaces with 20 or more employees are now expected to demonstrate to WorkCover that they have met full compliance with the new Act and Regulations. 

Amongst other things employers must take reasonable care to identify all foreseeable hazards that may arise from the employers undertaking including hazards associated with plant, substances, premises, workplace layout and systems of work including shift work, fatigue and psychological hazards.  The risks arising from the hazards must be assessed and employers must ensure that appropriate control measures to protect workers are put into place. 

In addition to the requirements to systematically manage risks in the workplace it is expected that employers will implement the new consultation provisions of the OHS Act.  Employers must consult their employees about any decisions that may affect the safety and welfare of the employees and they will need to do this using the mechanisms to consult outlined in the Act.  The new consultation provisions are far reaching but present significant opportunities to forward looking employers. 

The new OHS legislation sets a new standard in terms of workplace management.  Obligations extend to protecting people who come onto the employer’s place of work as well as to contractors, sub contractors and people who have control of premises used as a workplace.  This includes groups such as managing agents.  Every workplace has a responsibility and WorkCover will intervene in those situations where employers fail to meet their responsibilities.  Do you have OHS systems in place that pass the legal test?  Do you understand what you are required to do to avoid prosecution for failing to comply with OHS law?