Occupational Safety and Health Legislation Amendment and Repeal Act 2004 (OSHLAR)

Occupational Safety and Health Act 1984 (amended 2004)

The OSHLAR Act and the amendment:

• clarify some administrative matters
• extend coverage to some non-traditional working arrangements and
• encourage OHS to be dealt with by the individual employers and employees who have to manage and work with workplace hazards.

From 1 January 2005

• Duties of care are expanded to ensure those who have control at a workplace are responsible for the safety and health of those in their care, including new ways of working, such as labour hire arrangements.
• Penalties are substantially increased, particularly for corporations.
• New provisions enable prosecution when offences relate to government agencies.

From 4 April 2005

• Processes are flexible for electing OHS representatives and establishing OHS committees;
• Provision for OHS representatives to issue PINs;
• Under the auspices of the Western Australian Industrial Relations Commission, a Safety and Health Tribunal will hear appeals and related matters (e.g. entitlements to pay, conditions)

Source: www.safetyline.wa.gov.au 17 May, 2005

 

Since then, the Federal government has enacted legislation to make the Acts of each state more uniform. he main difference is that the term is now sometimes "Workplace Health and Safety" rather than Occupational Health and Safety (OHS) or (in the WA Act) Occupational Safety and Health (OSH).