Occupational Health and Safety Act 2004
Most
of the provisions of the Occupational Health and Safety Act 2004 come into
effect on 1 July 2005.
The Act creates equality between all businesses, no matter what size, by
making officers of large businesses, as well as small businesses,
accountable. The language of the Act itself is more easily understood and
eliminates some of the ambiguities of the old Act. For example, references
to "health" in the Act covers psychological health as well as physical
health. It is anticipated that paperwork will not increase.
Specifically some of the major changes in the Act include:
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New duties for designers of workplaces |
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Increased obligations for employers to consult |
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Duty to report incidents |
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Introduction of deputy Health and Safety Representatives |
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Increased training for OHS representatives and deputies |
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Increased protection for representatives against discrimination and "harm" |
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Introduction of right of entry to workplaces for “approved representatives
of registered employee organisations” |
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Improved process for the appeal and review of decisions |
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Alternative sentencing options, increased penalties, and introduction of
potential prison sentences when breaches occur. |
Under the Act, WorkSafe Victoria will provide guidance for employers and
workers to assist in the transition to the new era of occupational health
and safety. WorkSafe's aim is to foster co-operation between all parties,
rather than use the "big stick" approach.
Additional information is available on the
WorkSafe Victoria website.
Published : 5 April 2005
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