LEGISLATION
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.
The Act The Occupational Health and Safety Act 2004 (the Act) is the cornerstone of legislative and administrative measures to improve occupational health and safety in Victoria.
The Act sets out the key principles, duties and rights in relation to occupational health and safety. The general nature of the duties imposed by the Act means that they cover a very wide variety of circumstances, do not readily date and provide considerable flexibility for a duty holder to determine what needs to be done to comply.
The Regulations The Occupational Health and Safety Regulations 2007 are made under the Act. They specify the ways duties imposed by the Act must be performed, or prescribe procedural or administrative matters to support the Act, such as requiring licenses for specific activities, keeping records, or notifying certain matters.
Guidance Effective OHS regulation requires that VWA provides clear, accessible advice and guidance about what constitutes compliance with the Act and Regulations. This can be achieved through Compliance Codes, VWA Positions and non-statutory guidance (“the OHS compliance framework”). For a detailed explanation of the OHS compliance framework, see the Victorian Occupational Health and Safety Compliance Framework Handbook.
Policy Not every term in the legislation is defined or explained in detail. Also, sometimes new circumstances arise (like increases in non-standard forms of employment, such as casual, labour hire and contract work, or completely new industries with new technologies which produce new hazards and risks) which could potentially impact on the reach of the law, or its effective administration by VWA. Therefore, from time to time VWA must make decisions about how it will interpret something that is referred to in legislation, or act on a particular issue, to ensure clarity. In these circumstances, VWA will develop a policy. A policy is a statement of what VWA understands something to mean, or what VWA will do in certain circumstances.
Acts & Regulations Acts The acts are linked to copies held at Victorian Law Today.
Some links may not work - google will get you there
TASK 2
Make a list of Legislation and Acts relevant to the conservation industry. The key word being RELEVANT, do not include things that aren't relevant and dont forget all the Legislation's and Acts that haven't been mentioned here. You need to brainstorm all the things that we do as land managers and conservationists and determine the legislation that exists for those actions - so think not only OHS but environment and heritage.
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.
The Act The Occupational Health and Safety Act 2004 (the Act) is the cornerstone of legislative and administrative measures to improve occupational health and safety in Victoria.
The Act sets out the key principles, duties and rights in relation to occupational health and safety. The general nature of the duties imposed by the Act means that they cover a very wide variety of circumstances, do not readily date and provide considerable flexibility for a duty holder to determine what needs to be done to comply.
The Regulations The Occupational Health and Safety Regulations 2007 are made under the Act. They specify the ways duties imposed by the Act must be performed, or prescribe procedural or administrative matters to support the Act, such as requiring licenses for specific activities, keeping records, or notifying certain matters.
Guidance Effective OHS regulation requires that VWA provides clear, accessible advice and guidance about what constitutes compliance with the Act and Regulations. This can be achieved through Compliance Codes, VWA Positions and non-statutory guidance (“the OHS compliance framework”). For a detailed explanation of the OHS compliance framework, see the Victorian Occupational Health and Safety Compliance Framework Handbook.
Policy Not every term in the legislation is defined or explained in detail. Also, sometimes new circumstances arise (like increases in non-standard forms of employment, such as casual, labour hire and contract work, or completely new industries with new technologies which produce new hazards and risks) which could potentially impact on the reach of the law, or its effective administration by VWA. Therefore, from time to time VWA must make decisions about how it will interpret something that is referred to in legislation, or act on a particular issue, to ensure clarity. In these circumstances, VWA will develop a policy. A policy is a statement of what VWA understands something to mean, or what VWA will do in certain circumstances.
Acts & Regulations Acts The acts are linked to copies held at Victorian Law Today.
Some links may not work - google will get you there
- Accident Compensation Act 1985
- Accident Compensation (Occupational Health and Safety) Act 1996
- Accident Compensation (WorkCover Insurance) Act 1993
- Workers Compensation Act 1958
- Occupational Health and Safety Act 1985
- Occupational Health and Safety Act 2004
- Dangerous Goods Act 1985
- Equipment (Public Safety) Act 1994
- Mines Act 1958
- Workplace Injury Rehabilitation and Compensation Act 2013
- Accident Compensation Regulations 2012
- Dangerous Goods (Explosives) Regulations 2011
- Dangerous Goods (Explosives) and (Transport by Road or Rail) Amendment Regulations 2013
- Dangerous Goods (HCDG) Regulations 2005
- Dangerous Goods (Storage and Handling) Regulations 2012
- Dangerous Goods (Transport by Road or Rail) Regulations 2008
- Equipment (Public Safety) Regulations 2007
- Magistrates' Court (Occupational Health and Safety) Rules 2005
- Occupational Health and Safety Regulations 2007
- Workplace Injury Rehabilitation and Compensation Regulations 2014 (commencing 1 July 2014)
- Workplace Injury Rehabilitation and Compensation (Savings and Transitional) Regulations 2014
TASK 2
Make a list of Legislation and Acts relevant to the conservation industry. The key word being RELEVANT, do not include things that aren't relevant and dont forget all the Legislation's and Acts that haven't been mentioned here. You need to brainstorm all the things that we do as land managers and conservationists and determine the legislation that exists for those actions - so think not only OHS but environment and heritage.