What will be included in model ohs legislation

Worksafe may prosecute organisations that breach do not comply with the OHS law duties that they are required to comply with. This is not correct. The OHS Act is very broad and has the potential to apply to all Victorian community organisations both incorporated and unincorporated.

The OHS Act will apply to all community organisations that have employees, but may also apply to community organisations that are completely volunteer-based where they operate in a 'workplace'. For comprehensive information, see our guide to Victoria's OHS laws. This includes information on:. When you work with children, you have a legal responsibility to ensure their physical, mental and emotional safety.

In addition to the duty of care your community organisation owes employees, clients and possibly members of the public, you should consider the special responsibilities you may have in relation to children that your organisation comes into contact with when providing services. This link is to the website of the Victorian government agency that has responsibility for monitoring occupational health and safety laws in Victoria.

This WorkSafe handbook includes general health and safety information for people who manage volunteers in community services organisations. This WorkSafe fact sheet outlines the health and safety responsibilities of volunteers who are members of a board or committee of management in the community services sector. This page of the WorkSafe Victoria website provides an overview of the main legal obligations under Victoria's occupational health and safety laws. It has links to a page of the main employer obligations and main worker obligations under the Act.

This Worksafe publication provides information about health and safety rights and responsibilities for volunteers in community service organisation. This Volunteering Victoria guide provides information for volunteer-involving organisations in Victoria on their obligations in ensuring the occupational health and safety of their volunteers. There are different laws in other states and territories so your organisation will need to check these if it operates outside of Western Australia.

WorkSafe may prosecute organisations that breach do not comply with their OSH law duties. WA OSH Laws will apply to all community organisations that have employees, but may also apply to community organisations that are completely volunteer-based where they operate in a 'workplace'. WorkSafe WA has also published material , including an overview of the new act, to help organisations prepare for the start of the new laws.

Legal duties for board and committee members. Running your organisation in a time of crisis. Our website uses cookies. Necessary for enabling core functionality. The website cannot function properly without these cookies. This cannot be turned off. Sign in, Language. Analytical cookies help us to analyse user behaviour, mainly to see if the users are able to find and act on things that they are looking for.

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The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that a worker who has removed themselves from a work situation is protected from undue consequences: Commonwealth, Victoria, South Australia Article 13 ; and that a worker must report forthwith to their immediate supervisor any situation which they have a reasonable justification to believe presents an imminent and serious danger to their life or health: Commonwealth, Victoria, Queensland, South Australia, Northern Territory, Australian Capital Territory; and that until the employer has taken remedial action, the employer cannot require workers to return to the work situation where there is a continuing imminent and serious danger to life or health: New South Wales and South Australia Article 19 f.

Article Two or more undertakings engaged in activities simultaneously at one workplace. Noting that the information above, and that the information provided with regard to the application of this Article in Victoria, Western Australia and the Northern Territory indicates that legislative or other provisions do not explicitly require collaboration whenever two or more undertakings engage in activities simultaneously at one workplace, the Committee requests the Government to provide further information on measures taken or envisaged to ensure that the provisions of Article 17 are fully applied in these States and territories.

Employers to provide measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee asks the Government to provide further information on measures to ensure employers are required to provide, where necessary, measures to deal with emergencies and accidents: Commonwealth; Queensland in non-mining and petroleum workplaces ; Australian Capital Territory outside of workplaces with dangerous substances , including adequate first-aid arrangements; Tasmania.

Article 19 b and e. Arrangements at the level of the undertaking. While noting the information provided by the Government in its report, the Committee notes that full effect does not appear to have been demonstrated with regard to Article 19 b and e in respect to a number of states and territories. The Committee notes that while there are provisions requiring representatives of workers in the undertaking to cooperate with the employer, in accordance with Article 19 b , in the Commonwealth, New South Wales, Western Australia, Tasmania and the Northern Territory, this requirement is only provided for health and safety committees in Victoria and South Australia, and that no provisions specify this requirement in Queensland and the Australian Capital Territory.

The Committee also notes the provisions giving effect to Article 19 e in Western Australia but notes that while there are provisions to enable workers and their representatives to be consulted by the employer in the Commonwealth, New South Wales, South Australia, Tasmania, Northern Territory and the Australian Capital Territory, no information is provided on the specific provisions that allow workers and their representatives to inquire into all aspects of occupational safety and health and for this purpose to bring in technical advisers from outside the undertaking.

The Committee also notes that there are no provisions on the requirements under Article 19 e in Victoria and that they are only provided for representatives of workers in Queensland. The Committee therefore asks the Government to provide further information on the measures taken or envisaged to enable representatives of workers in the undertaking to cooperate with the employer in the field of occupational safety and health, in accordance with Article 19 b : Victoria, Queensland, South Australia, Australian Capital Territory; and that workers or their representatives are enabled to inquire into, and are consulted by the employer on, all aspects of occupational safety and health associated with their work, and that for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking, in accordance with Article 19 e : Commonwealth, New South Wales, Victoria, Queensland, South Australia, Tasmania, Northern Territory, Australian Capital Territory.

Expenditure for workers. The Committee notes the information provided by the Government which indicates explicit provisions in the Commonwealth, New South Wales and Australian Capital Territory legislation ensuring occupational safety and health measures do not involve any expenditure for workers.

The Committee asks the Government to provide information on the legislative or other measures which ensure that occupational safety and health measures do not involve any expenditure for workers: Victoria, Queensland, Western Australia, South Australia, Tasmania and Northern Territory.

Part V of the report form. Application of the Convention in practice. The Committee asks the Government to continue to provide information and statistics on the application of the Convention in practice, in particular on the situation regarding occupational safety and health as a whole across the country, noting any trends or patterns that have emerged. Given the significance of this development and in order to enable it to assess the situation in the country, the Committee requests the Government to submit a renewed detailed report on the application of Convention No.

Against the background of the detailed information provided regarding the application of Convention No. Search User guide Glossary. MLC, EPLex Employment protection legislation database. Compendium of court decisions. Occupational Safety and Health Convention, No. Articles 1 and 3 a of the Convention. Application of the Convention to all branches of economic activity.

The Committee notes the information provided by the Government in response to its previous request that a review was undertaken of the occupational safety and health OSH regime in the maritime sector, involving consultation with maritime industry stakeholders.

The Committee requests the Government to continue providing information on the measures taken to ensure the application of the Convention to seafarers. Articles 4 and 7. Periodic review and implementation of the national policy in consultation with the most representative organizations of employers and workers. Work Health and Safety Strategy — The Government indicates that the Strategy will be reviewed in The Committee requests the Government to continue providing information on the implementation of the Australian Work Health and Safety Strategy —22, in consultation with the most representative organizations of employers and workers, as well as the outcome of the review held in Article 11 c and the Protocol to Convention No.

Notification of occupational accidents and diseases. The Committee notes the information provided by the Government, in response to its previous request, concerning the notification of occupational accidents and diseases, and the measures that it is taking to improve information on occupational diseases to better reflect their incidence.

The Committee requests the Government to provide detailed information in its next report on the application in law and practice of the Protocol to Convention No. Article 19 b. The Committee notes the information provided by the Government in reply to its previous request that South Australia now implements the model WHS laws.