'Harmonising Occupational Health and Safety Regulation in Australia: The First Review of the National OHS Review'

Abstract

Occupational health and safety (OHS) in Australia has, to date, been regulated by one Commonwealth, six State and two Territory general OHS statutes,1 together with a number of specific statutes covering public safety and OHS in industries such as mining, the maritime industry, transport, electricity and dangerous goods.2 The Australian model of OHS regulation3 places broad general duties on a range of parties materially influencing OHS (employers, self-employed persons, persons in control of workplaces, employees, designers, manufacturers and suppliers of plant, substances and structures), supplemented by regulations and codes of practice which provide further detail and guidance. Compliance with these standards is monitored and enforced by inspectorates with broad powers of inspection and empowered to take enforcement measures ranging from informal measures (advice and persuasion), to administrative sanctions (improvement, prohibition and infringement notices), to accepting enforceable undertakings and to formal prosecution. All of the statutes now contain provisions for the election of employee health and safety representatives and committees. Health and safety representatives are given significant powers and functions including the rights to inspect the workplace, receive OHS information and to be consulted on OHS issues and, in some jurisdictions, the power to enforce via provisional improvement notices and the right to direct that dangerous work cease. While all of the OHS statutes conform to this basic model, closer scrutiny reveals sometimes quite major differences in form, detail and substantive matters between the OHS statutes and the regulations and codes of practice made under those statutes.