As an OHS professional in QLD, you need to establish which laws apply to the workplace where the incident occurred.
For example, if the incident occurs on a mine site, specific health and safety laws may apply which will vary depending on the jurisdiction.
The first step is to identify the jurisdiction.
Identify the jurisdiction
In order to find out the OHS legal requirements for an organisation, you need to identify whether the organisation’s workplace in question is covered by state, territory or Commonwealth OHS legislation.
If it is not a Commonwealth government organisation or does not fall under Commonwealth OHS law for seafarers or offshore workers, then you can assume it will be covered by state-based OHS legislation.
However, in New South Wales, Queensland or Western Australia you will need to identify if it is a mining or non-mining workplace. If it is a mine, separate legislative provisions will apply.
Once you have done this, you can identify the particular legislation (eg OHS Act or Mine Safety Act) that applies to the workplace. Legislative instruments can be obtained in hard copy or via the Internet (see the relevant links given earlier in the Further Information section).
The legislation establishes the parameters within which workplaces operate.
As an OHS practitioner, it is expected that you will have copies of relevant health and safety legislation. Part of the required knowledge for this unit is an understanding of OHS legislation in Australia.
This includes an understanding that the regulatory framework consists of an Act, the Regulations and codes of practice.
You also require an understanding of the fundamental duty of care principles, which are embodied in OHS legislation throughout Australia.
All jurisdictions provide information and guidance on duty of care requirements as well as hazard-specific information and you should access this information as a preliminary step in the investigation process.
LMIT delivers the Certificate IV in OHS and the Diploma in Occupational Health & Safety Completely Online in Sydney, Melbourne, Brisbane, Perth, Adelaide and Canberra
Published by: LMIT