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Occupational Health and Safety Act 2004

tracksMost 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:

bullet New duties for designers of workplaces
bullet Increased obligations for employers to consult
bullet Duty to report incidents
bullet Introduction of deputy Health and Safety Representatives
bullet Increased training for OHS representatives and deputies
bullet Increased protection for representatives against discrimination and "harm"
bullet Introduction of right of entry to workplaces for “approved representatives of registered employee organisations”
bullet Improved process for the appeal and review of decisions
bullet 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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