‘ohs - a survival kit’ state library of victoria buildings & facilities division (ohs)...

‘OHS - A Survival Kit’

State Library of VictoriaBuildings & Facilities Division

(OHS) Occupational Health & Safety‘A Survival Kit’

February 2002

Presenter: Stuart Pickering



The Legislative & Statutory Minefield

Other Legislation/ Standards

• Dangerous Goods Act

• Equipment Act

• Equal Opportunity Legislation

• Bullying Legislation

OHS

BA DDA

RISK MANAGEMENT

Building RegulationsAustralian StandardsCodes of Practice



Characteristics of theBuilding Legislation

1 The Building Act only looks at the guidelines and standards related to the built environment

2 The Building Act is supported by the Building Regulation which sets standards based on long established practices

3 The Building Act is a performance document strongly supported by guidelines and Australian Standards

4 The measure of safety is to some degree based on a measure of risk

5 Minor Penalties for non-compliance



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



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)



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



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



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



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



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



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



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

Environment Consulting

Health & Safety 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

‘ohs - a survival kit’ state library of victoria buildings & facilities division (ohs)...

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