OH&S LegislationOH&S Legislation

Occupational Health & Safety Act (2004)Occupational Health & Safety Act (2004)• Common Law – duty of care (places into a legal Common Law – duty of care (places into a legal

form a moral duty to anticipate possible causes form a moral duty to anticipate possible causes of injury and illness and to do everything of injury and illness and to do everything reasonably practicable to remove or minimise reasonably practicable to remove or minimise these possible causes of harm)these possible causes of harm)

• Most significant change to the 2004 Act Most significant change to the 2004 Act (previously 1985) – consultation – based on the (previously 1985) – consultation – based on the concept that those who are exposed to the risk concept that those who are exposed to the risk are often not those who make the decisions are often not those who make the decisions about OHSabout OHS

• Includes shared responsibilities for ensuring Includes shared responsibilities for ensuring the health and safety of yourself & othersthe health and safety of yourself & others

OHS legislative & common law frameworkOHS legislative & common law framework

OHS Act – each state or territory has its own Act governing OHS Act – each state or territory has its own Act governing how occupational health and safety is to be addressedhow occupational health and safety is to be addressed

Regulations – each state or territory has a range of OHS Regulations – each state or territory has a range of OHS regulations that provide more specific rules that MUST be regulations that provide more specific rules that MUST be followed for a range of OHS issues or hazardsfollowed for a range of OHS issues or hazards

Codes of Practice – developed in all states and territories Codes of Practice – developed in all states and territories and provide information on how to comply with the rules and provide information on how to comply with the rules set out in Regulations – codes of practice are not rules, but set out in Regulations – codes of practice are not rules, but should be followedshould be followed

Australian Standards and recognised industry standards – Australian Standards and recognised industry standards – have less authority than codes of practice - guidance tools, have less authority than codes of practice - guidance tools, benchmarks, recommended minimum industry standardsbenchmarks, recommended minimum industry standards

Guidance material – produced by a range of government Guidance material – produced by a range of government and other bodies including the National Occupational Health and other bodies including the National Occupational Health & Safety Commission (NOHSC)& Safety Commission (NOHSC)

HazardsHazards A hazard is defined as anything in A hazard is defined as anything in

the workplace that has the potential the workplace that has the potential to cause harm, and which can to cause harm, and which can • affect people – injury, illness, death, affect people – injury, illness, death,

psychological trauma; psychological trauma; • cause property-damage, contamination, cause property-damage, contamination,

theft and wastage; or theft and wastage; or • affect processes – work disruption and affect processes – work disruption and

interruption to productioninterruption to production

HazardsHazards Physical (e.g. obstacles, heat, poor Physical (e.g. obstacles, heat, poor

lighting)lighting) Manual handlingManual handling Occupational overuse syndrome (RSI)Occupational overuse syndrome (RSI) NoiseNoise Chemical (e.g. cleaning agents)Chemical (e.g. cleaning agents) Biological (e.g. bacteria)Biological (e.g. bacteria) Psychological (e.g. shiftwork)Psychological (e.g. shiftwork) Poor design (e.g. slippery floors, cramped Poor design (e.g. slippery floors, cramped

space)space)

Some industry hazardsSome industry hazards

Exposure to irritants (chemical)Exposure to irritants (chemical) Cut woundsCut wounds Slips, trips and fallsSlips, trips and falls Faulty or poorly maintained electrical Faulty or poorly maintained electrical

equipment and machineryequipment and machinery Poor lifting or manual handling techniquesPoor lifting or manual handling techniques Occupational overuse syndrome (RSI)Occupational overuse syndrome (RSI) Exposure to blood-borne viruses (piercing - Exposure to blood-borne viruses (piercing -

Biological)Biological)

Know your safety Know your safety responsibilitiesresponsibilities

Safety programs include three key Safety programs include three key parts:parts:• Assessing risks – analysing any safety Assessing risks – analysing any safety

hazards in the work environmenthazards in the work environment• Reducing risks – taking steps to reduce Reducing risks – taking steps to reduce

or control the risksor control the risks• Being prepared – knowing what to do if Being prepared – knowing what to do if

something goes wrongsomething goes wrong

Salon OH&S guidelines includeSalon OH&S guidelines include

Safety PoliciesSafety Policies Safety Procedures – (e.g. safe Safety Procedures – (e.g. safe

operating procedures for the use of operating procedures for the use of equipment)equipment)

Guidance material – (e.g. material Guidance material – (e.g. material safety data sheets)safety data sheets)

Safety audit checklistsSafety audit checklists Emergency proceduresEmergency procedures