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The legal framework for OH&S in NSW
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The legal framework for OH&S in NSW
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This CEPU resource kit uses the NSW legislative framework as a basis for providing practical advice on how to plan for safe working and how to establish control measures to prevent injury to workers as part of a safe system of work.

Members will locate the general principles for managing safe workplaces in the following legislation and guidance material:
  • Occupational Health and Safety Act 2000 (the OH&S Act)
  • Occupational Health and Safety Regulation 2001 (the OH&S Regulation)
  • Guidance and other material including Codes of Practice, Safety Guides and Australian Standards
  • legislation that covers specific industries such as the electricity supply industry eg the Electricity Safety Act and the Electricity Supply (Safety Plans) Act 1997
  • employer standards and policies.

Australian Standards that are referred to in legislation such as the OHS Regulation 2001 have legal status and are mandatory.

The Code of Practice Technical Guidance incorporates without modification a number of Australian Standards. Standards adopted in this way have the same legal status as a Code of Practice. Law and coverage
Australia is a federation of six states and two Territories. Under our system of government, the States and Territories have responsibility for making laws about workplace health and safety and for enforcing those laws although the Commonwealth retains the right to legislate for its own employees.

Each state and territory has a principal OH&S Act, which sets out requirements for ensuring that workplaces are safe and healthy. These requirements spell out the duties of different groups of people who play a role in workplace health and safety. These requirements are known as the Duty of Care.

The National Occupational Health and Safety Commission (aka Worksafe Australia) sets OH&S standards for hazards common to many industries and workplaces across Australia.

These standards do not become law until they are adopted as regulations in each of the states and Territories. This means that Australian Standards which are not included in state legislation may be adopted voluntarily but have no legal status.

Employer standards and policies (such as published by Telstra and Optus) may be unilaterally changed at any time without