Victorian Regulator
The main regulator in Victoria is Worksafe
About WorkSafe
Victorian workers returning home safe every day.
WorkSafe's mission is to actively work with the community to deliver outstanding workplace safety and return to work, together with insurance protection. The work we do is important because we impact upon many people's lives, everyday.
WorkSafe is:
- Constructive in the way we provide information, advice and service
- Accountable for what we do and what we say. We live up to our promises
- Transparent in the way we work, our environment is open and honest
- Effective by working collaboratively to deliver high quality services
- Caring by showing empathy in our dealings with everyone we work with.
WorkSafe's responsibilities
Broadly, WorkSafe's responsibilities are to:
- help avoid workplace injuries occurring
- enforce Victoria's occupational health and safety laws
- provide reasonably priced workplace injury insurance for employers
- help injured workers back into the workforce
- manage the workers' compensation scheme by ensuring the prompt delivery of appropriate services and adopting prudent financial practices.
These responsibilities are outlined in Acts of Parliament including:
- health, safety and welfare in the workplace under the Occupational Health & Safety Act 2004
- workers' compensation and the rehabilitation of injured workers under the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013
- employer insurance and premium under the Workplace Injury Rehabilitation and Compensation Act 2013
- explosives and other dangerous goods under the Dangerous Goods Act 1995
- high-risk equipment used in public places and on private premises under the Equipment (Public Safety) Act 1994.
Victorian Laws and Regulations
In Victoria, workplace health and safety is governed by a system of laws, regulations and compliance codes which set out the responsibilities of employers and workers to ensure that safety is maintained at work.
Occupational Health and Safety Act and Regulations
Rights and Responsibilities
Employer
As an employer you must provide a safe and healthy workplace for your workers and contractors. This includes:
- Provide and maintain safe plant (machinery and equipment).
- Provide and maintain safe systems of work - for example, controlling entry to high-risk areas and providing systems to prevent falls from heights.
- Ensure the safe use, handling, storage or transport of plant or substances.
- Keep workplaces that you manage and control in a safe condition, free of risks to health (for example, ensure fire exits aren’t blocked, and the worksite is generally tidy).
- Provide suitable facilities for welfare at any workplace you manage and control.
- Give your employees the necessary information, instruction, training or supervision to enable them to do their work in a way that is safe and without risks to health.
You must also:
- Monitor your employees’ health (for example, provide hearing tests if they are exposed to high noise levels).
- Monitor conditions at the workplace under your management and control.
- Give your employees information about workplace health and safety in appropriate languages.
- Keep information and records relating to health and safety of your employees.
- Employ or engage people suitably qualified in OHS to advise you on employees’ health and safety.
- Consult employees on matters that may directly affect their health, safety and welfare.
- Ensure that the conduct of your business does not endanger other people (including visitors, the public and other workers)
- Report to WorkSafe all notifiable incidents that happen in a workplace under your management and control.
Worker
A worker can be full-time, part-time or casual.
Worker duty of care:
- Take reasonable care for your health and safety in the workplace. You must also take reasonable care for the health and safety of others who may be affected by what you do or don’t do.
- Cooperate with your employer about any action they take to comply with the OHS Act or Regulations. For example, use equipment properly, follow safe work policies and procedures and attend training.
- Don’t intentionally or recklessly interfere with or misuse anything at the workplace to support health, safety and welfare.
Reporting an injury
You must notify your employer of any injury or illness within 30 days of you becoming aware of it.
Other Victorian Regulators
Energy Safe Victoria (ESV)
In Victoria, regulations covering electrical equipment safety and efficiency are administered by ESV.
The key functions of ESV include:
- overseeing the design, construction and maintenance of electricity, gas and pipeline networks
- licensing and registering electricians, and
- issuing and auditing Certificates of Electrical Safety.
More information: http://www.esv.vic.gov.au/
Brodie's Law
Brodie's Law is Victoria's anti-bullying legislation. While it doesn't relate specifically to bullying in the workplace, it does make ALL bullying a criminal offence and punishable by up to 10 years in prison.Brodie's Law was introduced after the tragic suicide of a young woman, who was bullied in her workplace. Read more about Brodie's Law here https://www.justice.vic.gov.au/safer-communities/crime-prevention/bullying-brodies-law
There is also a video that provides more information about Brodie and the reason for this legislation.
Take a stand against Bullying - Department of Justice and Community Safety
The Legacy of Brodie's Law - Victoria Police
Organisation Policies
Most organisations will also have their own OHS / Work Health and Safety policy.
These will cover responsibilities that relate to a specific workplace.
The following link is to Chisholm’s Policies:
Any policies and procedures that relate to students can be accessed from the Chisholm Website
As of 1st July 2020, Industrial Manslaughter laws will apply in Victoria:
https://www.worksafe.vic.gov.au/victorias-new-workplace-manslaughter-offences
https://www.worksafe.vic.gov.au/victorias-new-workplace-manslaughter-offences
Victoria's new workplace manslaughter offences
The Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 passed Parliament on 26 November 2019 and is expected to come into effect on a day to be proclaimed or, at the latest, 1 July 2020.
When will workplace manslaughter apply?
Workplace manslaughter applies when all of the elements of the offence are proven:
- the accused is a body corporate or a person who is not an employee or volunteer
- the accused owed the victim a duty of care pursuant to sections 21 to 24 or sections 26 to 31 of the OHS Act (this includes duties owed to employees, contractors and members of the public) (applicable duties)
- the accused breached that duty by criminal negligence in circumstances where there was a high risk of death, serious injury or serious illness
- the act that breached the duty of care was committed consciously and voluntarily
- the accused’s breach of the duty causes the victim's death.
Workplace manslaughter may apply even when the death of the person occurs sometime after the relevant incident. For example, depending on the circumstances, if an employee develops an asbestos-related disease after an employer exposed them to asbestos without the use of adequate personal protective equipment.
Who can be charged with workplace manslaughter?
A person, a body corporate, an unincorporated body or association or a partnership, including government entities and officers of these entities (but not employees or volunteers), who owes applicable duties to ensure the health and safety of another person in the workplace, can be charged with Workplace Manslaughter.
However, in certain circumstances, officers of organisations may be charged if their organisation owes applicable duties:
- directors and secretaries of companies
- partners of a partnership or joint venture
- the trustee of a trust
- persons who participate in the making of decisions that affect a substantial part of the organisations business
- persons who have the capacity to affect significantly the organisations financial standing.
Negligent conduct
Voluntary and deliberate conduct is 'negligent' if it involves a great falling short of the standard of care that a reasonable person would have exercised in the circumstances and involves a high risk of death, serious injury or serious illness. It is a test that looks at what a reasonable person in the situation of the accused would have done in the circumstances. The test is based on existing common law principles in Victoria.
Negligent conduct can include a failure to act.
Examples of negligent conduct may include when a person:
- does not adequately manage, control or supervise its employees
- does not take reasonable action to fix a dangerous situation, in circumstances where failing to do so causes a high risk of death, serious injury or serious illness.
Causation: the conduct caused death
It must be established that it was the accused’s negligently criminal breach of the duty of care that caused the death. That is, his or her acts or omissions must have contributed significantly to the death, or been a substantial and operative cause of it. The acts or omissions must be such that an ordinary person would hold them, as a matter of common sense, to be a cause of the death. This is the existing common law test of causation.
Penalties
If convicted of workplace manslaughter, the following maximum penalties apply:
- A maximum of 25 years imprisonment for individuals
- A maximum fine of $16.5 million for body corporates..
It would be nice to have the assessment guides attached to this post.
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