The Occupational Health and Safety Act 2000 is a

repeal A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law ...

ed statute of

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(NSW). The Act was repealed by the '' Work Health and Safety Act 2011''. The NSW Occupational Health and Safety Act 2000, No 40. (OHS Act) provides the rules and legislation to be abided by all workplaces, to ensure the health, safety and welfare of all persons at work in the state of

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. The full OHS Act 2000, including regulations, reviews and amendments can be found at the NSW Legislation website.NSW Legislation OHS Act 2000 http://www.legislation.nsw.gov.au/fullhtml/inforce/act+40+2000+FIRST+0+N

Long title

"An Act to secure the health, safety and welfare of persons at work; to repeal the Occupational Health and Safety Act 1983; and for other purposes."

Introduction

The Act was agreed upon on 2 June 2000 and commenced on 1 September 2001. This Act replaced the previous OHS Act 1983 and contains new provisions that require employers to consult with employees on health, safety and welfare matters. The OHS Act is implemented by WorkCover NSW, and applies to all workplaces in NSW, (except as otherwise stated in the Act). Through WorkCover, industry codes of practice are made under the OHS Act, which provide practical guidance and advice on how to achieve the standards required by the OHS Act and the Occupational Health and Safety Regulation 2001. The Minister responsible for the OHS Act, including the approval of the codes of practice is the

Minister for Finance A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation. A finance minister's portfolio has a large variety of names around the world, such as "treasury", ...

s and Services. The Minister for Resources and Energy is responsible for sections of the Act that relate to coal or mining workplaces . The specific roles and functions of WorkCover are set out in the Workplace Injury Management and Workers Compensation Act 1998 . WorkCover can also provide assistance, education, and advice on interpretation of guidelines and issuing of guidelines of the OHS Act and related Regulations.

Objectives

The objectives of the OHS Act are: * to secure and promote the health, safety and welfare of people at work, * to protect people at a place of work against

risk In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environme ...

s to health or safety, * to promote a safe and healthy work environment that protects workers from

injury An injury is any physiological damage to living tissue caused by immediate physical stress. An injury can occur intentionally or unintentionally and may be caused by blunt trauma, penetrating trauma, burning, toxic exposure, asphyxiation, o ...

and illness and that is adapted to their

physiological Physiology (; ) is the scientific study of functions and mechanisms in a living system. As a sub-discipline of biology, physiology focuses on how organisms, organ systems, individual organs, cells, and biomolecules carry out the chemical ...

and

psychological Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries between t ...

needs, * to provide for consultation and co-operation between employers and employees in achieving the objects of this Act, * to ensure that risks to health and safety at a place of work are identified, assessed and eliminated or controlled, * to develop and promote community awareness of

occupational health Occupational safety and health (OSH), also commonly referred to as occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at wor ...

and safety issues, * to provide a legislative framework that allows for progressively higher standards of occupational health and safety that take account of changes in technology and work practices, * to deal with the impact of particular classes or types of dangerous goods.

Summary

The Act provides: * General requirements for health, safety and welfare, which must be met by all places of work in NSW * Definitions of employees and employers, what classifies as a “risk” at work * Rules on the duties of the employers and employees to ensure occupational health and safety, * Rules on the duty to consult on OHS related issues, to provide OHS committees and an OHS representative, and to liaise with a WorkCover representative whenever necessary * Rules regarding the unlawful dismissal or victimisation of an employee and guidelines on compensation claims * Industry Codes of Practice * Guidelines on the appointment of WorkCover Inspectors and the powers of inspectors related to entry onto premises, inspections and representing employees, providing inspection, improvement and prohibition notices * Guidelines on criminal and other

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s; penalties and

sentencing In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for mult ...

Legal Implementation of the OHS Act 2000

Any breaches of the OHS Act and its Regulations may be dealt within a court of Law. The OHS Act may also provide assistance to the Courts in making decisions regarding penalties. For example, in the Industrial Court of NSW, cases were heard regarding an incident at an Oil Seed extraction industry where a bin caught fire, causing explosions which led to the injury of workers and members of the fire brigade, including fatal burns. Investigations were carried out by WorkCover Australia and prosecutions brought against the Oil Seed Company, Caines Pty Limited and Ors, and the NSW Fire Brigade. The Court found that the employer Caines Pty, the managers of this company and the NSW Fire Brigade had breached Sections 15(1) and 16(1) of the OHS Act and had failed to ensure the health, safety and welfare of their employees. Penalties were decided upon based on section 12 of the OHS Act. A full description of the cases and the outcomes can be found at LawLink NSW - The NSW Industrial Relations Commission Judicial Decisions website

Regulations and related Legislation

To date, only one Regulation has been made under the Act, The Occupational Health and Safety Regulation 2001.The University of Sydney OHS website: http://sydney.edu.au/ohs/ohs_manual/legislation.shtml#2 This Regulation commenced on 1 September 2001 and applies to all places of work except where otherwise stated in the Regulation.NSW Legislation OHS Regulation 2001 http://www.legislation.nsw.gov.au/fullhtml/inforce/subordleg+648+2001+FIRST+0+N This Regulation consolidates previous Regulations, for example those related to Manual Handling and Hazardous substances. The Regulation contains guidelines on risk management, workplace consultation,

hazardous substance Dangerous goods, abbreviated DG, are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as hazardous materials ( syllabi ...

s and processes, certification, licenses and permits, among other important matters. There are many other associated legislation in NSW which also contain legal requirements regarding health and safety at work, including the Workers Compensation and Injury Management legislation, the Dangerous Goods Act 1975 and the Poisons and Therapeutic Goods Act 1966. It was repealed by the Work Health and Safety Act 2011 as of 1 January 2012.

References

External links

The OHS Act 2000The OHS Regulation 2001WHS Policies, Procedures & Compliance In AustraliaWorkplace Injury Management and Workers Compensation Act 1998LawLink NSW Inspector Mayo-Ramsay (WorkCover) v Caines Pty Limited & Ors (2006) NSWIRComm 223LawLink NSW Inspector Mayo-Ramsay (WorkCover Authority of NSW) v The Crown in the Right of the State of New South Wales (NSW Fire Brigades) (2006) NSWIRComm 356
{{DEFAULTSORT:Occupational Health And Safety Act Nsw 2000 Occupational safety and health law New South Wales legislation 2000 in Australian law 20th century in New South Wales Workplace health and safety in Australia Health law in Australia 2000s in New South Wales