Occupational Safety and Health Act 1984

 

NB. This is a paraphrase of selected parts of the WA Act governing OHS. The more complex aspects and the fines and terms of prosecution have been left out. See the Act for a full text.

 

19. Duties of employers

(1) Provide and maintain a working environment in which employees are not exposed to hazards.

  1. give employees information, instruction, and training
  2. supervise employees so that they aren't exposed to hazards
  3. consult and cooperate with any safety and health representatives
  4. where it isn't practicable to avoid hazards, ensure that  employees have adequate personal protective clothing and equipment
  5. make arrangements for ensuring that dealing with plant and substances is done without exposing employees to hazards, as far as practicable.

(2) Consider the particular functions and responsibilities of employees when determining the training required.

(3) Notify the Commissioner immediately if an employee is injured or affected by a disease at a workplace that results in death or is prescribed in the regulations.

(4) If a person engages a contractor, he is deemed to be the employer for matters over which he has control, even if he has made a contract to the contrary. The contractor and his employees are considered the employees.

20. Duties of employees

(1) Employees must take reasonable care to ensure his own safety and health at work, and to avoid adversely affecting anybody else's safety or health (including by omission)

(2) An employee contravenes if he:

  1. fails to comply with instructions given by his employer the safety or health of himself or others
  2. fails to use properly us protective clothing and equipment
  3. misuses or damages any equipment
  4. fails to report immediately to his employer hazards that he cannot correct or any injury or harm to health of which he is aware

(3) An employee shall co-operate with his employer in the carrying out OHS laws

22. Duties of persons who have control of workplaces

(1, 2) If you have any extent of control of a workplace or it entries and exits, you must ensure that people are not exposed to hazards. You are considered in control if a contract or lease obliges you to provide maintenance or repair.

(3) This applies to carrying on a trade, business or undertaking, whether for profit or not.

 

Reporting employee injuries

The organization must reports employee injuries to the WorkSafe Commissioner if the following has occurred:

  1. a fracture of the skull, spine or pelvis
  2. a fracture of any bone
    1. in the arm, other than in the wrists or hand
    2. in the leg, other than a bone in the ankle or foot
  3. an amputation of an arm, a hand, finger, joint, leg, foot, toe or toe joint
  4. the loss of sight of an eye
  5. any injury other than those referred to in paragraphs (a) to (d) which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred.

See http://www.worksafe.wa.gov.au for more details if any of the above apply. (Link opens new window.)