Australian Government - Comcare

Important changes under the OHS Act

Important changes to the Commonwealth OHS regulatory framework are coming into effect. These changes aim to improve the health and safety of employees in the Commonwealth jurisdiction.

A brief explanation of the most significant changes and links to further information are provided below:

Changes to the Act – Name and application

  • The name of the Occupational Health and Safety (Commonwealth Employment) Act 1991 changes

The new name is Occupational Health and Safety Act 1991: More

  • The application of the Commonwealth OHS Act 1991 expands

    The application of the Commonwealth OHS Act 1991 expands

The OHS Act now covers private sector organisations that hold a license to self-insure under the Safety, Rehabilitation and Compensation Act 1988: More

  • States and territory OHS related laws no longer apply to Commonwealth

State and Territory OHS related laws no longer apply to employers and employees covered by the Commonwealth OHS Act unless prescribed in our regulations: More

  • Comcare has advice and referral powers

The OHS Act now provides that Comcare can advise employers, employees or contractors on OHS matters and refer people seeking OHS advice to an external specialist. The referral powers were previously with the Commission: More

  • Notification of accidents or dangerous occurrences have been streamlined

Employers are still required to notify the Commission of accident or dangerous occurrence, but no longer required to also provide a report: More

  • Annual reporting requirements have been streamlined

The amendment reduces prescription and makes annual reports more outcome focused: More


Changes to regulations

  • The name of the Occupational Health and Safety (Commonwealth Employment) Regulations 1991 changes

The new name is Occupational Health and Safety (Safety Arrangements) Regulations 1991.

  • The name of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 changes

The new name is Occupational Health and Safety (Safety Standards) Regulations 1994.

  • Regulation for major hazard facilities

The object of the regulations is to prevent the occurrence of major accidents at a facility that is a major hazard facility or a potential major hazard facility and, if a major accident occurs, to minimise its effect. More: MHF fact sheet

  • Regulation for explosives

Regulations for explosives are included in Part 8 of the Safety Standards Regulations – Storage and handling of dangerous goods.The object of the regulations is to protect the health and safety of persons from hazards arising from the storage and handling of dangerous goods and explosives at a workplace. More: DG and Explosives fact sheet

  • Regulations for driver fatigue

The regulation aims to control driver fatigue, and to ensure the safety of drivers and other people by requiring employers to manage the fatigue of drivers of heavy trucks, buses and commercial buses and requiring consignors, consignees and other people not to act in way that imposes unreasonable timeframes on drivers. More: Driver fatigue fact sheet

  • Regulations for electrical safety

The object of the regulations is to control the risks to the health or safety of persons from hazards arising from the use of electricity in a workplace. More: Electrical safety fact sheet

  • Regulation for construction work

This regulation aims to protect persons from the hazards associated with construction work by ensuring that hazards are identified, that the risks arising from the hazards are assessed and controlled. More: Construction fact sheets (5)

  • Regulations for falls from heights

This regulation aims to prevent or reduce injury to an individual at a workplace resulting from a fall of 2 metres or more. More: Falls from 2 meters or more fact sheet


Changes to workplace OHS consultative arrangements

  • Employees have a more direct role in OHS consultative arrangements

Employees now have the right to participate directly in OHS consultative arrangements, including the development of health and safety management arrangements (HSMAs), nominating and selecting health and safety representatives (HSRs), varying designated work groups (DWGs), setting up HSCs and requesting investigations. Employees can choose to be represented. More: OHS workplace consultative arrangements – a guide to the Commonwealth legislative provisions and Health and safety representatives handbook

  • New health and safety management arrangements need to be implemented

A significant change introduced by the OHS (CE) Amendment Act 2006 is the concept of health and safety management arrangements (HSMAs). Broadly speaking, HSMAs replace the previous requirements in the Act for an OHS policy and agreement. HSMAs must be developed in consultation with employees. More: Health and safety management arrangements

  • New provisions for establishment and operation of health and safety committees (HSCs)

New provisions have been included which determine when a HSC should be established. Prescriptive requirements regarding the structure and operation of HSCs have been removed, with provisions on these matters to be included in the HSMAs. More: OHS Workplace Consultative Arrangements – a guide to the Commonwealth legislative provisions and Participating in effective health and safety committees – a guide for committee members

  • The way in which HSR elections are conducted changes

The responsibility for conducting election (or arranging the conduct of the election) of HSRs now lies with the employer. There are also requirements placed on employers to maintain a list of HSRs and notify the employees in the designated work group of the selection of a HSR, or a vacancy for the role. More: OHS Workplace Consultative Arrangements – a guide to the Commonwealth legislative provisions and Conducting HSR elections – a guide

  • Employees can choose to be represented

For information about the CEO certificate refer to more:information for employees and  employee representatives.

  • Transitional arrangements

All organizations have until 15 September 2008 to develop their HSMAs. There are transitional arrangements for organizations covered by the Act before 14 March 2007 in regard to DWGs, HSRs and HSCs, more:

New and revised guidance material available for information

Further information

For further information, please contact Comcare on the General Enquiry Line 1300 366 979, visit our internet website on http://www.comcare.gov.au/, or email ohs.help@comcare.gov.au

Page last updated:November 13, 2008