Occupational Health and Safety Act Australia

The recent finding of the NSW Industrial Relations Commission against the local waste contractor JR Richards & Son highlights the importance of employers being aware of their responsibilities under the Occupational Health & Safety Act for training, monitoring and supervising workers and ensuring and inspecting safe work systems.

The incident that brought Richards & Son before the Industrial Relations Commission was the traumatic death of an employee crushed in a compactor used for garbage transportation. The incident clearly had a significant effect upon the employer, the employer's workers and the family and associates of the deceased.

WorkCover, in conjunction with NSW Police, following notification of the incident commenced an enquiry that resulted in charges being laid against the company.

When the matter ultimately came before the Court the company pleaded guilty to two offences and as a consequence was fined by the NSW Industrial Relations Commission the sum of $150,000. The General Manager of WorkCover, Kate MacKenzie said "This is a tragic example of the consequences that can result from an employer's failure to give induction safety training, failure to monitor and inspect safety systems and failure to provide adequate supervision to employees".

It is to be noted that the employer's obligation in respect of work safety is now very onerous and prosecutions by WorkCover are common.

The $150,000 penalty imposed is significant. Although it is acknowledged that the accident was most tragic, a penalty of that magnitude imposed on many of the businesses on the Mid North Coast region of NSW would have the effect of threatening that business to close under the weight of the fine. The consequential impact both on owners and employees of that business could then be quite catastrophic in a smaller community.

It is to be further noted that the prosecution against Richards & Son was commenced under the 1983 Occupational Health & Safety Act. Amendments to the Occupational Health & Safety Act, which basically resulted in the complete review of that legislation, have significantly increased the range of penalties available to the Court. The 2000 Act further strengthens the powers of the Court to award penalties against managers, directors, supervisors and even some instances fellow employees for breaches of the Occupational Health & Safety Act. This personal obligation is significant and should not be dismissed as irrelevant.

It is important to understand the obligations imposed by the Occupational Health & Safety Act.

It is important to review the work processes, training programs, safety checks and general procedures with an eye to minimising, if not eliminating in totality, the prospect of injury within the work place.

Section 3 of the new Occupational Health & Safety Act provides details of the objectives of the Act, including the objective to eliminate safety issues from the workplace to the maximum possible degree.

It is the responsibility of the employer to ensure the safety and the well being of his employees and those visitors that attend upon his site. It is important that employers take a serious approach to the implementation of the provisions of the Occupational Health & Safety Act.

The Act is large. The Act is complicated. Assistance should be obtained in interpreting the issues and the responsibilities that flow from the Act. A proactive position should be adopted to eliminate safety risks in the workplace. We at GWM Lawyers and Conveyancers have personnel who can provide detailed assistance in respect of identifying problem areas and minimising the range of risks that businesses are exposed to and highlighting safety improvements.

Should you require assistance in this regard we invite you to contact Bob Gillroy on:

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The contents of this article are designed to provide basic information on the law only. The information provided is an overview of the subject mentioned and, as such, is intended as general information rather than as legal advice. Nothing contained in this article, therefore, should be taken as legal advice and no specific action is advised in relation to any particular circumstance. Detailed questions are welcome either by email (info@gwmlaw.com.au), by letter (PO Box 753 Port Macquarie 2444) or personal appointment (phone 6583 5266).

For further information on the subject mentioned in this article contact GWM Lawyers and Conveyancers at info@gwmlaw.com.au by email, write to us at PO Box 753 Port Macquarie 2444 or phone for a personal appointment on 0011 61(0) 2 6583 5266. You may also go to our website www.gwmlaw.com.au, click on "Areas of Law" and follow the email links to one of our expert staff.


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Occupational Health & Safety Act