OHS legislation: protect your business and employees

As a business owner or manager, you're doubtless aware of the existence of occupational health and safety legislation (known in different states and territories by different names, including the Occupational Health and Safety Act or Workplace Health and Safety Act). 

But how does it apply to your business? And what are the implications for you as an employer?

Putting people first

According to John Wellington from the National Safety Council of Australia, the primary objective of all OHS legislation is "the prevention of any person's death, injury or illness being caused by a workplace, a relevant workplace area, by work activities, or by plant or substances used in the workplace." 

And no employer is immune from legislative requirements. It doesn't matter whether you're running a small grocery store with a couple of employees or a construction site with over 100 staff. You still have a duty of care to anyone attending your workplace. 

Your responsibilities

In general terms, health and safety legislation requires that every workplace be safe from hazards and the risk to health, safety and welfare of employees and anyone who comes into the workplace. 

The responsibilities are complex, so it is imperative that every business owner, manager and supervisor understands what is required to meet the obligations and is proactive in eliminating and controlling any hazards and risks.

Key elements of the legislation 

Under Australian occupational health and safety legislation you are obliged to provide:

• safe premises - e.g. unblocked fire exits, serviceable emergency equipment and a generally tidy worksite
• safe machinery and substances
• safe systems of work (such as a controlled pace and/or frequency of work and systems to prevent falls from heights)
• information, instruction, training and supervision
• a suitable working environment and facilities - including clean toilets, clean and cool drinking water, hygienic eating areas, etc.

You must also:

• monitor your workers' health (e.g. provide hearing tests for workers exposed to high noise levels)
• keep information and records relevant to your workers' health and safety (such as first aid records)
• employ or engage suitably qualified people to advise you on health and safety issues affecting your workers
• consult with employees on matters that may directly affect their health, safety or welfare
• nominate a senior management representative (or yourself) to deal with workers and their health and safety representatives in resolving OH&S issues
• provide accessible information about your workplace's OH&S arrangements, including the names of those to whom the workers can make an inquiry or complaint.

Remember, if you don't comply with the necessary legal requirements, you can be prosecuted and fined. 

The legal obligations of employers vary according to individual circumstances, so to find out more about your responsibilities and how you can fulfil them, contact a specialist advisor on OHS legislation today.