Legislation (Issue 31)

Streamlining Victoria’s OHS regulations: an overview

Victoria’s 13 existing occupational health and safety (OHS) regulations are being reviewed and consolidated into a single, streamlined document.

Together with the modernised Occupational Health and Safety Act 2004, a new streamlined regulation will improve health and safety in Victoria by making it easier for employers and workers to understand their safety obligations, while at the same time cutting red tape and compliance costs.

In drafting the proposed regulation for public comment, WorkSafe has focused on removing duplication and improving consistency with national standards.

People who comply with their obligations now will be well placed to comply with the new streamlined regulation.

The Victorian economy will benefit from a general reduction in compliance costs, and helping to reduce the number of people injured or killed at work will benefit the Victorian community.

Key Policy Issues

The 13 existing regulations have served Victoria well, however over time they have become more disparate, repetitious and complex, making it more costly and difficult for employers and workers to understand and meet their obligations.

The new regulation will cut the cost of compliance for the majority of Victorian businesses, while making it easier and simpler to comply.

There will be a reduction in red tape, with a new emphasis on enabling employers and workers to focus their efforts on controlling rather than assessing risks, except in high risk industries including construction, mines and major hazard facilities.

In keeping with the Commonwealth Government’s shift toward more national consistency of safety laws, the proposed regulation incorporates changes in key areas so Victoria’s approach reflects newly developed national standards.

This will involve some new obligations for employers and workers who engage in high-risk work.

A new dedicated set of minimum standards for the construction industry set out in the proposed regulation is modeled on an approach led by the Commonwealth Government under a newly developed national standard.

A national standard led by the Commonwealth Government for licensing people performing high risk work will bring Victoria into line with other states and enable the free flow of skills across borders. Incorporating photo identification and introducing renewal periods will strengthen protection against fraud which has been an issue in other states.

The best OHS outcomes are a result of effective consultation between workers and employers, which is now mandated under the OHS Act 2004.

The proposed regulation will enhance the scope for this to lead to improved safety outcomes by providing clear guidance on how employers can work in partnership with workplace health and safety representatives by involving them in discussing safety issues with their workforce.

In summary the proposed regulation will have the following effect—refer table below.

The two existing Equipment Public Safety regulations will be consolidated and incorporated into a single streamlined regulation.

Working Safely with Noise

Mandatory testing only where there is uncertainty about noise risks It is proposed that employers will only be required to test where there is uncertainty about whether the exposure standard is being exceeded.

This change will enable employers to move immediately on to implementing appropriate controls in situations where they are certain that they have a noise problem.

Information supplied by WorkSafe Victoria

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