1. Occupational Safety and Health Act 1984

The applicable Western Australian legislation is the Occupational Safety and Health Act 1984 and its associated Regulations (collectively referred to as the OSH Laws). Together, these promote the employer's general duty of care to provide a safe working environment and the employee's general duty of care to work safely and set down laws regulating certain aspects of occupational safety and health. An incorporated association is generally required to comply with the OSH Laws by providing a safe and healthy work environment. It is important for incorporated associations to take note of the rights and duties of employers and employees contained in the OSH Laws, and to comply with the relevant provisions concerning safety requirements.

The objects of the Occupational Safety and Health Act 1984 include to:

• promote and secure the safety and health of persons at work;
• protect persons at work against hazards;
• assist in securing safe and hygienic work environments;
• reduce, eliminate and control hazards (ie anything that may result in injury to a person or harm to a person's health) to which persons are exposed at work;
• foster co-operation and consultation between employers and employees in the formulation and implementation of safety and health standards;
• provide for the formulation of occupational safety and health polices; and
• promote education and community awareness on matters relating to occupational safety and health.

1.1 Duties of employers

In addition to the general duty to provide and maintain a safe and healthy work environment, under the OSH Laws, employers also have specific obligations.  In summary, those obligations include, so far as is practicable, to:

• provide and maintain workplaces, plant and systems of work so that employees are not exposed to hazards;
• provide such necessary information, instruction and training to, and supervision of, employees so that employees can perform their work safely;
• consult and cooperate with safety and health representatives and other employees on occupational safety and health matters;
• provide employees with adequate personal protective clothing and safety equipment, where it is not practicable to avoid the presence of hazards at the workplace;
• ensure the safe use, cleaning, maintenance, transportation and disposal of plant in the workplace;
• ensure that the use, handling, processing, storage, transportation and disposal of substances in the workplace is carried out, such that employees are not exposed to hazards; and
• immediately notify the WorkSafe Western Australia Commissioner if an employee at a workplace suffers an injury that results in death, or an injury of a kind prescribed in the Regulations (eg fractured skull, spine or bones, some amputations and any injury that, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within ten days on which the injury occurred).

Incorporated associations that engage contractors owe these obligations to contractors.

Under the OSH Laws, associations may also have obligations to people who are not employees or contractors at the workplace (eg volunteers, visitors), including ensuring that these people are not exposed to hazards.

Further obligations under the OSH Laws may apply depending on the nature of the incorporated association's activities.

1.2 Rights and duties of employees

An employee generally has a responsibility under the OSH Laws to take reasonable care to ensure his/her own safety and health at work, and to avoid adversely affecting the safety and health of others.

Employees also have specific obligations under the OSH Laws.  In summary, these obligations include to:

• cooperate with their employer to ensure that the workplace is safe and healthy (eg by complying with the safety procedures and guidelines);
• comply with safety and health instructions provided by their employer;
• use the personal protective equipment provided in the manner instructed by the employer; and
• report hazards and injuries to their employer.

Employees generally have some important rights under the OSH Laws. In particular, they have:

• the ability to request that their employer have an election to establish safety and health representatives at the workplace. (Refer to the guidance note, Formal consultative processes at the workplace, available at www.worksafe.wa.gov.au for more details);
• the ability to request that their employer establish a safety and health committee at the workplace. (Refer to the above mentioned guidance note for more details);
• the right to receive adequate information, instruction, training and supervision so as to be able to work safely, under their employer's general duty of care;
• the right to be consulted about safety and health at the workplace, under their employer's general duty of care; and
• the right to refuse to undertake work if they have reasonable grounds to believe that working would expose them, or any other person, to a risk of imminent and serious injury or harm to health, and receive the normal pay and benefits they would be entitled to if working. However, their employer may give them alternative work and it is an offence to leave the workplace without the employer's authorisation.

1.3 WorkSafe

WorkSafe is the division of Commerce that administers the OSH Laws. It can provide further information on occupational safety and health matters, including educational materials.

WorkSafe has both an educative and compliance role. As part of its educative role, WorkSafe has various initiatives to promote understanding of occupational safety and health. One initiative is the ThinkSafe Small Business Assistance Program (see the WorkSafe web site for details). As part of the compliance activities, WorkSafe investigates and prosecutes breaches under the OSH Laws and conducts compliance campaigns. Inspectors, who are appointed officers of WorkSafe, have broad powers to visit and inspect workplaces. It is an offence to interfere in the performance of an inspector's functions.

Generally, where an inspector is of the opinion that there has been, or may be, a breach of the OSH Laws, or there is activity which may occur, or is occurring, at a workplace which involves, or may involve, the risk of injury or harm to health, he or she may do a number of things.  An inspector's powers include issuing verbal directions, improvement and prohibition notices, and initiating a prosecution under the OSH Laws. Improvement notices require the employer to address an issue. Prohibition notices in relation to something that is occurring in the workplace require the prohibited activity to cease, until the inspector is satisfied that the matters giving rise to the prohibition notice have been corrected.

Any notices issued by a WorkSafe inspector, including copies, must be displayed in a prominent place at, or near, workplaces affected by each notice.

1.4 Reporting accidents

In the first instance, all accidents should be reported to the association (the employer) as soon as possible, via the relevant supervisor or manager. As a matter of best practice, a written report should be made, setting out all the relevant details of the accident.

The WorkSafe Western Australia Commissioner must be notified of all work related injuries that result in a death or fracture of the skull, spine, pelvis, any bone in the arm (other than in the wrists or hand) or the leg (other than a bone in the ankle or foot), some types of amputations, the loss of sight in an eye or an injury that, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within ten days of when the injury occurred. Certain infectious and occupational diseases must also be notified, including viral hepatitis. (Refer to WorkSafe's web site for more details).

The OSH Laws deal with the notification requirements for work related injuries and these are clearly set out on the WorkSafe website. The workers' compensation insurer should also be notified that an accident has occurred as soon as possible.