Chapter 3
Chapter 3
This chapter provides a comprehensive overview of the legal framework governing health, safety, and fire law in workplace environments.
Key provisions from the primary health and safety at work Management requirements, consultation procedures, and safety
legislation framework signs/notices standards
Comprehensive overview of employee protections, consultation rights, and safety representative functions under applicable legal frameworks
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Legal Framework
These rules are also there to protect the public from Employees
danger when they visit a place of work. All workers
Public Protection
The rules apply to all businesses, however small, to self-
Visitors to workplaces
employed people and to employees.
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Two Basic Types of Law
1. Criminal Law
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Civil Law
2. Civil Law
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Health and Safety Law Principles
Compliance Approach
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What the HSW Act Requires
Who Is Protected
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Basic Actions Required - Part 1
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Basic Actions Required - Part 2
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Basic Actions Required - Part 3
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Employee Responsibilities
Understand the hazards in their workplace and follow all safety rules and
procedures.
Core Duty
No Reckless Behavior
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Management Regulations
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Risk Assessment
All Employees
Assess risks to all employees across the organization.
Core Requirement
Visiting Contractors
Every employer is required Risks to external contractors and service providers on site.
to make a suitable and
sufficient assessment of
Members of the Public
risks.
Assess risks to visitors and members of the public who might
be affected.
Assess risks to employees and to
other people who might be
affected by the business. Special Considerations
Risk assessments must take into account risks to new and
expectant mothers and young people where they are
employed.
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Principles of Prevention - Part 1
Avoid Risks
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Eliminate hazards at the earliest possible opportunity.
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Effective Arrangements and Health Surveillance
Key Components
Planning Organization
Procedures and
arrangements must be
devised and recorded for
effective safety Control Monitoring & Review
management. Implementation of safety measures Continuous assessment and
improvement
Emergency Procedures
Competent Assistance
Procedures must be established for dealing with
Every employer must appoint competent person(s)
serious and imminent dangers.
to advise and assist in complying with the law.
Fire Evacuation
Personnel Options
Including fire evacuation plans and arrangements for other
May be employees or outside consultants
emergencies
Purpose
Competent Persons
Ensure all employers have access to health and safety expertise Appoint enough competent persons to evacuate premises quickly
in event of emergency
Requirements
Ensure competent persons have adequate information, time and Contact with external services should be established for
resources coordinated emergency response.
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Information, Co-operation and Training
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Duties on Employees and Special Protections
Employers must protect young persons at work from risks to their Supervised by competent person
health and safety.
Risk reduced to lowest practicable level
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Consultation and Safety Representatives
Legal Requirement
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Protection of Employees
As an Individual
Key Protection Areas
Employees can participate in consultation without fear of
retaliation Protected activities include:
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Safety Signs and Notices
Application Scope
Safety Signs and Signals Where They Apply
Apply to all workplaces and to all activities where people are
employed
Require employers to use and maintain a safety sign
where there is a significant risk to health and safety that
has not been avoided or controlled by other means. What They Exclude
Exclude signs used in connection with transport or the supply
and marketing of dangerous substances, products and
equipment
When Signs Are Required
When other controls like engineering controls or safe systems of Road Traffic Signs
work are insufficient, and where the use of a sign can help reduce
the risk Require the use of road traffic signs in workplaces to regulate
road traffic
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Safety Colours - Red
Prohibition Signs
Concerning dangerous behaviour (e.g., No Smoking sign). Must be
Additional Red Applications
round, with a black pictogram on a white background with red
edging and a red diagonal line (top left, bottom right) Fire-Fighting Equipment
Red colour used to identify and locate fire-fighting equipment
Danger Alarm
For stop, shutdown, emergency cutout devices, evacuate (e.g., Surface Marking
emergency stop button on equipment)
Red and white alternating stripes may be used for marking
surface areas to show obstacles or dangerous locations
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Safety Colours - Yellow
Warning Signs
Concerning the need to be careful, take precautions, examine or Additional Yellow Applications
the like (e.g., hazard signs for flammable material, electrical
danger, etc.) Surface Marking
Yellow and black alternating stripes may be used for marking
surface areas to show obstacles or dangerous locations
Sign Shape Requirement
Warning signs must be triangular, with a black pictogram on a
yellow or amber background with black edging Traffic Routes
Yellow may be used in continuous lines showing traffic routes
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Safety Colours - Blue
Common Examples
Safety Helmet Must Be Worn sign, Pedestrians Must Use This Colour Scheme
Route sign White pictogram on a blue background
Key Purpose
Blue signs indicate mandatory actions that must be
followed to ensure safety. They communicate
requirements rather than warnings or prohibitions.
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Safety Colours - Green
Alternative Design
May use green pictogram on white background if green takes up
at least 50% and is more effective
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Corporate Manslaughter and Corporate Homicide Act
Guilt Standard
New offence for convicting an organisation where a gross breach of a duty of care to the deceased.
Management Failures
Applies To
Courts will look at management systems and practices across the
All companies and other corporate bodies operating in the organisation. Juries will consider how the fatal activity was
country, in private, public and third sectors. managed or organised throughout the organisation.
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Corporate Liability Standards
Management Systems
Courts will look at management systems and practices across Senior Level Definition
the organisation.
People who make significant decisions about the organisation
or substantial parts of it.
Activity Organisation
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