New OHS Regulations 2007
New Regulations come into force on 1st July
July 1st is a very important date for Occupational Health and Safety in Victoria this year. The new OH&S Regulations 2007 will come into force.
Careful reading of the 500 page document reveals that, while the Regulations were initially seen as a translation exercise from the existing Regulations into the new consolidated format, there have been significant changes in many areas.
The draft OH&S Regulations went out for public comment over the Christmas period, with a closing date of 28th February 2007.
WorkSafe Victoria indicated that they have received around 1400 submissions during the public comment period. Around 1100 were letters from employee organisations, including a submission from the CMPA on behalf of its Members.
The overwhelming size of the document has meant that the draft made available for public comment will be very close to the final Regulations that will be gazetted on the 1st July 2007.
Following the public comment period, Tim Holding, Minister for Finance, WorkCover and the Transport Accident Commission and the Minister responsible for administering the Occupational Health and Safety Act 2004, has reviewed the submissions received in response to the Regulatory Impact Statement and decided that the proposed Regulations should be made with amendments including:
- Removing all content within the OHS Regulations of the current Dangerous Goods Order which deals with asbestos contaminated dust—that Order will be remade;
- Including ‘notifiable incidents’ under Part 5 of the Occupational Health and Safety Act 2004 in most of the ‘review of risk control’ provisions, other than the Construction, Major Hazard Facilities and Mines parts and ensuring the wording of all ‘review of risk control’ provisions are as consistent as possible;
- Inserting a ‘review of risk control’ provision into Division 8 (activities involving asbestos) of the Asbestos part;
- Clarifying and tightening of the definition of ‘construction work’ to ensure it does not inadvertently capture the assembly or manufacture of fixed plant, or the prefabrication of elements as standard stock for sale, or routine or minor testing, maintenance or repair work performed in connection with a building or structure, or mining activities;
- Increasing from 14 to 28 days, the period within which persons can work under direct supervision before completing construction induction training;
- Including a power to exempt a person or class of persons from complying with any provision of the Noise part;
- Increasing the time frame for plant registration renewals from 3 to 5 years; and
- Making technical amendments and other drafting changes, including improving consistency of language among like provisions, clarifying definitions, and improving navigation, all to improve the content and form of the Regulations.
One section of the new Regulations that is quite significant is the Regulations that relate to ‘high risk work’. This is the requirement for employers not to undertake any high risk work unless they have an appropriate licence in relation to the work.
Examples of such work include scaffolding, forklifts, cranes and pressurised equipment.
Other such important changes found in areas such as asbestos, manual handling, hazardous substances and noise are fairly subtle. Careful reading of the Regulations indicates that while the emphasis is still on having a coherent risk management assessment process, in some areas the Regulations have specific requirements such as registers of nominated hazards.
The new Regulations are also quite specific in their requirements for documentation. Most companies will need to make changes to their operating procedures in order to comply.
Information supplied by Hazcon and supplemented by a Ministerial advertisement.
If you would like to discuss specific details relating to the Regulations contact Peter Attwood or Ruth Knight on 1800 429 266.
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