(OHS) Occupational Health & Safety ‘A Survival Kit’ February 2002 Presenter: Stuart Pickering

1. (OHS) Occupational Health & Safety‘A Survival Kit’February 2002Presenter: Stuart Pickering

2. BA DDA Building Regulations Australian Standards Codes of Practice The Legislative & Statutory Minefield OHS Other Legislation/ Standards • Dangerous Goods Act • Equipment Act • Equal Opportunity Legislation • Bullying Legislation RISK MANAGEMENT

3. Characteristics of theBuilding Legislation • The Building Act only looks at the guidelines and standards related to the built environment • The Building Act is supported by the Building Regulation which sets standards based on long established practices • The Building Act is a performance document strongly supported by guidelines and Australian Standards • The measure of safety is to some degree based on a measure of risk • Minor Penalties for non-compliance

4. Characteristics of the Disability Discrimination Act Legislation • Process that allows individuals to complain about discrimination related to access issues for people with disabilities • Act was enacted in 1992 • It provides the framework for the Development of Action Plans • There are potentially penalties for non-compliance

5. Characteristics of theOHS Legislation • OHS is a piece of legislation covered under criminal law. There are heavy penalties for non-compliance • The OHS Act primarily outlines the responsibilities of the different parties, and the process for dealing with outstanding issues i.e. Improvement Notice process • Underpinning the Act are all the other regulations and standards that fall within the legal influence of OHS • Politically OHS has a higher political profile than both the BA and DDA. • OHS encumbrances every part of our working environment (social, political, built)

6. New Legislative changes relevant to OHS pending In Victoria, the proposed Crimes (Industrial Manslaughter) Bill will introduce a range of offences into the Crimes Act 1958 (Vic) which will directly impact on an organisation’s occupational health and safety responsibilities. Under the Bill, new offences for corporations and their senior officers will be introduced. They are: • a new crime for a body corporate known as corporate manslaughter with a maximum fine of $5 million; • a senior officer will be rendered personally accountable for the corporate manslaughter of the body corporate with a maximum penalty of five years’ imprisonment and/or $180,000 fine; • a crime for a body corporate of negligently causing serious injury, with a maximum fine of $2 million; • a senior officer to be rendered personally accountable for the body corporate’s offence of negligently causing serious injury with a maximum penalty of two years’ imprisonment and/or $120,000 fine

7. Compliance with the Building Act legislation • Submission of documentation i.e. Plans Specifications to a Registered Building Surveyor • Permit Approval for the Construction • Certificate of Occupation at the completion of the Construction

8. Compliance with the Disability Discrimination Act legislation • No formal approval process for the DDA • There are guidelines for the development of an ‘Action Plan’ that will help you meet the requirements of the legislation but this is not supported by a final statutory sign off

9. Compliance with OHS legislation • A published and endorsed H & S Policy statement • Defined and communicated responsibilities • Management accountability • Scheduled reviews of policies and operations • Employee involvement and consultation • Resources

10. The problems of managing these three pieces of legislation simultaneously • You can comply with the Building Code and not comply with the DDA and OHS legislation • You can comply with the BA and DDA and not comply with the OHS Legislation • The measure of safety between the BA, DDA and OHS can vary depending on the parties involved and the particular situation • The issue of OHS is as much a political issue as it is a safety issue

11. Critical Survival Strategy • Make sure you have a sustainable OHS Strategy, Risk Management/ Assessment process • Make sure you have a sustainable DDA Action Plan • Make sure you have a sustainable Risk Management Strategy • Understand the legislation, at least it’s basic principles • Make sure you have good consultant support • Understand that you operate in an environment where you will need to negotiate and communicate to achieve a result • Develop clear standards and stick to them. Only deviate through the proper review process

12. OHS Strategy: State Library of Victoria • Resource usage • Pollution • Waste • Chemical Exposure • Manual Handling • Workplace Safety • Plant Safety • Indoor air quality • Plant operation • Fire Systems • Asbestos Environment Consulting Health & Safety Consulting Property Risk Consulting • Environmental Assessment • Compliance and due diligence • Environmental risks • Site Contamination and remediation • Health & Safety Assessment • Compliance and due diligence • Workplace risks • Management systems • Hazard exposures • Property Risk Assessment • Hazardous building materials • Fire safety systems • Essential services • Property transfer • Management Systems • Review and improvement strategies • Policy, performance measurement and procedures • Organisational structures and reporting systems • Communication • Awareness raising • Training programs • Communication strategies