New changes to OH&S Law

All ADF members need to be aware of changes to OH&S laws to ensure they understood the new liability legislation. Photo by Cpl Darren Hilder, 1JPAU

Recent changes to the Federal OH&S Act have implications for ADF members.

The changes align Commonwealth OH&S law with state and territory laws.

As a result, Comcare and the Safety, Rehabilitation and Compensation Commission have new powers.

Steve Grzeskowiak, Director General OH&S, said the new law is designed to help make the workplace safer and is not intended to punish people who act reasonably and responsibly.

But ADF members can now be prosecuted for serious breaches of the Occupational Health and Safety (Commonwealth Employment) Act 1991 and substantial fines may be imposed.

Barry Leahy, the Chief Executive Officer of Comcare, wrote to all Commonwealth executive officers to explain what the legislative changes meant.

“It is important to note that the amendments do not impose any new duties on employers or employees,” Mr Leahy wrote.

“There is no change to an employer’s primary duty to take all reasonably practicable steps to protect the health and safety of employees and others at or near the workplace.

“Similarly, there is no change to an employee’s duty to take all reasonably practicable steps to protect the health and safety of themselves and others at or near the workplace.

“The amendments establish a dual civil and criminal penalty regime.”

Some concerns have been raised as to whether Defence employees will receive legal representation at Commonwealth expense for any breaches of the Act.

The general policy underlying the provision of assistance to employees in civil and criminal proceedings is that the proceedings arose out of an incident relating to the employee’s employment and the employee acted reasonably and responsibly.

As such, the provision of Commonwealth-funded legal expenses will depend on the circumstances surrounding the event, and persons involved in an event are always encouraged to seek further advice.

One factor that hasn’t changed is the ability of the CDF to request exemption from the legislation for operational and security purposes.

More information about the amendments to the Act may be obtained by viewing www.comcare.com.au or by contacting the Defence Safety Management Agency on 1800 019 955.

OH&S Law changes at a glance: