Report of operations 6
REGULATORY SERVICES
Output 1.2 – OHS (CE) Act regulation
Occupational Health and Safety (Commonwealth Employment) Act 1991
The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the OHS(CE) Act) is designed to minimise the incidence and severity of work-related injury and disease in Commonwealth employment. It establishes a cooperative consultative framework to allow employers and their employees to work together to resolve health and safety issues at the workplace wherever possible. The regulatory framework includes advisory and enforcement functions, and a system of penalties
and sanctions. The OHS(CE) Act
- confers a duty of care on employers, manufacturers, suppliers and certain contractors
- specifies employees’ duties
- requires employers to notify and report accidents or dangerous occurrences
- provides for the
– establishment of designated work groups
– selection of health and safety representatives (HSRs)
– establishment of health and safety committees
– appointment of investigators with a range of powers to allow them to conduct OHS investigations
- allows for the issuing of Provisional Improvement Notices by HSRs and Improvement Notices
and Prohibition Notices by investigators - allows appeals against investigators’ decisions to the Australian Industrial Relations Commission
- places a variety of monetary penalties against certain parties for contraventions of the OHS(CE) Act
- confers on the Minister the power to direct the Safety, Rehabilitation and Compensation Commission (the Commission) and Comcare on any matter relating to the performance of their functions and exercise of their powers under the OHS(CE) Act, and to approve regulations and codes of practice.
Key points
The focus of this output in 2003 – 04 was
- ensuring compliance with the OHS(CE) Act
- effectively managing regulatory activities provided for under the OHS(CE) Act
- implementing the Safety, Rehabilitation and Compensation Commission’s Prevention Program
- developing regulations, codes of practice and guidance material as requested by the Commission.
Activities
A range of activities were undertaken during 2003 – 04 against this output.
Legislation
Progress with the Occupational Health and Safety (Commonwealth Employment) Amendment (Employee Involvement and Compliance) Bill 2002 is reported in the Safety, Rehabilitation and Compensation Commission’s Annual Report 2003 – 04. However as at 30 June 2004 the Bill
was still being considered by the Senate.
Prevention
Comcare is responsible for implementing the Safety, Rehabilitation and Compensation Commission’s Prevention Program. The focus of the Program in 2003 – 04 was on providing information to the Commonwealth jurisdiction on current and emerging OHS issues, including bullying and harassment, through conferences, seminars and workshops; the development of tools to assist agencies in their prevention of injuries; and the promotion of targeted prevention activities. Details of the specific activities undertaken during 2003 – 04 can be found in the Commission’s Annual Report 2003 – 04.
Comcare develops and issues a series of fact sheets to assist employers to manage health and safety risks to their employees at work. During the year, the following fact sheets were released or updated
- Vaccinations for Travelling
- HIV and Hepatitis
- Interior Lighting
- Health & Safety Representative (HSR) Training Courses Accredited under the OHS (CE) Act 1991
- Vibration
- Radiofrequency Electromagnetic Radiation.
In response to the severe outbreak of Avian Influenza, information and advice was placed on Comcare’s website to assist employers in the Commonwealth to meet their duties under the OHS(CE) Act in relation to this issue.
A review and reprint has been undertaken of Comcare’s most requested OHS publications and the publications page on Comcare’s website has been revised for easier use. All publications are being made available electronically in both HTML and PDF formats.
A new publication Injury Prevention – some practical suggestions for managers was developed and distributed as part of Comcare’s Leadership and Accountability Kit 2003. A video on leadership issues discussed at the 2003 OHS Conference Toward’s Australia’s Safest Workplaces was developed and promoted to the jurisdiction.
OHS posters were developed and distributed to the jurisdiction on safe commuting; lunchtime sports; body stressing; and slips/trips/falls.
Enforcement and compliance
Enforcement of the OHS (CE) Act includes the conduct of investigations. These investigations are not chance events. They may occur as
- part of a planned investigation to assess an agency’s OHS policies
and practices (management systems) - a reactive investigation in response to a notifiable incident or to an OHS issue at a workplace, or
- a targeted investigation focusing on a particular area of compliance or hazard. (During the year, targeted investigations focused on compliance with the plant and manual handling parts of the OHS(CE) (National Standards) Regulations).
Comcare also randomly reviews its previous investigations to ensure recommendations made following those investigations have been appropriately actioned by employers.
During the year, Comcare commenced 176 investigations, including 27 planned investigations,
99 reactive investigations, 42 targeted investigations and 8 self audit investigations. Sixty-nine
reviews of previous investigations were commenced to ensure that action had been taken by
employers in response to recommendations previously made by investigators.
The investigators’ reports are provided to the relevant employers for information and necessary corrective action to be taken where recommendations are made. Employers are requested to provide Comcare with details of actions taken or proposed to be taken in response to the recommendations and their timeframes for implementing any outstanding recommendations.
Conducting investigations
The OHS (CE) Act provides that arrangements may be made under the Public Service Act 1999
for officers of the public service of a state and territory to exercise the powers and perform the duties of investigators under the Act. To this end, Memoranda of Understanding have been agreed between the Commonwealth and most state/territory governments which allow Comcare to appoint certain state/territory officers as investigators under the Act to undertake investigations when requested
by Comcare.
In addition, in 2003 – 04, Comcare contracted a panel of private sector organisations and appointed
62 appropriately skilled and qualified people from these organisations as investigators under the Act
to undertake investigations when requested by Comcare. During the year, these employees and officers from the States and territories who had been appointed as investigators undertook specific training conducted by Comcare covering their roles, functions and powers as investigators under the Act.
Eighteen of Comcare’s staff undertook training during the year in Investigative Report Writing and completed the requirements for and were awarded the Certificate IV (Statutory Investigation and Enforcement) in Government.
As at 30 June 2004, there were 267 people appointed as investigators under the Act.
Prosecutions
On 5 May 1998, a fire occurred in the engine room of HMAS Westralia resulting in the deaths of four Royal Australian Navy personnel and injuries to others. Comcare completed its investigation into this matter in April 2003. A coronial hearing into the incident concluded in June 2003 and the Coroner handed down his findings in December 2003.
The Commonwealth Director of Public Prosecutions (DPP) subsequently agreed that proceedings
be instituted against ADI for an offence under s19 of the OHS (CE) Act (as a supplier).
ADI first appeared in the Perth Magistrates Court on 27 February 2004. In a subsequent hearing
in the Perth Magistrates Court on 21 May 2004, ADI pleaded not guilty. A directions hearing has
been set for 31 August 2004.
National OHS Strategy
In May 2002 the Workplace Relations Ministers’ Council (WRMC) endorsed the National OHS Strategy (2002 – 2012), encompassing five national priorities and two national targets. The National Strategy provides a framework to bring about short and long-term OHS improvements and longer term cultural change. Comcare (with the Safety, Rehabilitation and Compensation Commission) is involved in implementing the strategy in the Commonwealth.
National Priority 1 – Reduce high incidence/severity risks
Comcare is working with the Commonwealth jurisdiction on a variety of long term projects
(many under the auspices of the Commission) including
- the development and implementation of tailored prevention programs for a number of agencies with higher than average incidence of particular injury types
- the development of new regulations on the storage and handling of dangerous goods
and the control of Major Hazard Facilities - the development of guidance material for call centre operators
- the provision of direct assistance to two major agencies to identify and implement specific prevention activities and return to work strategies for psychological injuries.
National Priority 2 –
Improve the capacity of business operators and workers to manage
OHS effectively
Comcare is continuing to provide via newsletters, its website and direct mail outs up to date information on priority issues such as plant, leadership, OHS training and employer responsibility
to notify incidents.
A report of a review of the effectiveness of HSR training courses was considered by the Commission during the year. The Commission has agreed to consider in 2004 – 05 aspects of HSR training identified for improvement by the review.
During the year the OHS Training Provider Register (TPR) was launched. This is an initiative designed to promote access to OHS training for Commonwealth agencies. The TPR is a free-of-charge service that allows users to pinpoint OHS training providers and courses across Australia according to their needs. It is available on Comcare’s website.
Comcare has also worked with
- the Australian Public Service Commission to provide workshops on preventing harassment
and bullying in the workplace - Comcover, to encourage agencies to integrate risk management activities into their business planning processes.
National Priority 3 – Prevent occupational disease more effectively
As reported above, Comcare has a number of strategies that aim to assist agencies to respond more effectively to the increase in psychological injury claims, including by providing direct assistance and working closely with two major agencies to identify and implement specific prevention activities and return to work strategies.
Amendments to Part 6 (Hazardous substances) of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 which gave effect to the prohibition on the workplace use of chrysotile and other forms of asbestos took effect from
31 December 2003.
The prohibition applies to all forms of asbestos, except where the use comes within certain permitted circumstances. The prohibition does not apply to products where chrysotile was in situ (that is, fixed
or installed) before 31 December 2003, until it is due for replacement or is disturbed.
National Priority 4 – Eliminate hazards at the design stage
Comcare is not pursuing any activities in this area at this stage.
National Priority 5 – Strengthen the capacity of government to influence OHS outcomes
A key outcome identified as expected from this priority is ‘continual improvement in governments’ performance as employers.’
To progress National Priority 5, Comcare undertook a project on behalf of the National Occupational Health and Safety Commission (NOHSC) to examine the leadership role that governments can play
in improving OHS in government workplaces.
The project resulted in a discussion paper, Safe and Sound: A discussion paper on Safety Leadership in Government Workplaces. The discussion paper outlines a proposed framework for a best practice model for improving safety leadership. It also makes recommendations to gain Workplace Relations Ministers’ support for a package of initiatives to strengthen safety leadership in government workplaces, consistent with the best practice model. Workplace Relations Ministers’ discussed the package of initiatives at a meeting in May 2004, and agreed to consider this further at their next meeting.
The Safe and Sound discussion paper is available on Comcare’s website at www.comcare.gov.au.
Comcare has also written, in cooperation with NOHSC, a publication titled Making work healthy and safe: Your role as an Australian Government employee. The publication aims to inform employees about their rights and responsibilities in relation to occupational health and safety and to give
guidance on how an employee can resolve OHS issues in the workplace. A draft will be released
to the jurisdiction for comment in 2004 – 05.
National Targets
As outlined in the Strategic Initiatives section of this report, the National OHS Strategy sets two national targets. The first target seeks a significant and continual reduction in the incidence of work-related fatalities with a reduction of at least 20% by 30 June 2012. The second target seeks to reduce the incidence of workplace injury by at least 40% by 30 June 2012. Milestones were also agreed by WRMC in relation to these targets which require specific progress to be achieved by 30 June 2007.
The Commission adopted the National OHS Strategy targets and decided to extend both the targets. The Commission extended the National OHS Strategy target requiring a 40% reduction in the incidence of workplace injury by 30 June 2012 to include commuting injuries and work-related diseases. It also set a zero target for work-related fatalities.
Performance
Output description
This output encompasses activities carried out by Comcare in relation to the administration of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (OHS(CE)Act), including
in support of the Safety, Rehabilitation and Compensation Commission.
Output performance measure
Quantity/Quality/Timeliness
Incidence of workplace injuries
Target: 40% reduction by 30 June 2012
Incidence of work related fatalities
Target: 0 by 30 June 2012
Performance meets Safety, Rehabilitation and Compensation Commission requirements.
Throughout the year, the Commission considered performance against a range of specific measures that underpin this indicator. While the Commission expects to see further improvement in scheme performance, it considers that the Commonwealth scheme is performing well overall. The scheme is fully funded and the Commission has in place a well developed system for monitoring scheme performance. In addition, the Commission is satisfied that strategies are in place to address issues
that are adversely affecting scheme performance. The scheme compares favourably with other OHS and workers’ compensation schemes in Australia.
Price
Budget estimate $6.3 million
The actual price for delivering Output 1.2 was $5.8 million.
Table 10: OHS(CE) Act Scheme Profile
|
2000–01 |
2001–02 |
2002–03 |
2003–04 |
|
|
Employees covered by OHS(CE) Act (FTE) |
283,610 |
279,198 |
284,584 |
284,490 |
|
Number of agencies paying an OHS regulatory contribution |
172 |
171 |
177 |
175 |
|
OHS budget ($m) |
5.0 |
5.7 |
5.7 |
6.1 |