CHAPTER 10

Industrial and occupational

laws and regulations
10-1
Learning Outcomes
Develop an overview of equal employment
opportunity and anti-discrimination
legislation in Australia
Identify the different forms of discrimination
that may occur in the workplace
Implement organisational EEO policies
Outline the principles of affirmative action
10-2
(cont.)
Learning Outcomes (cont.)

Describe the legal framework of OHS at
both federal and state level
Implement an organisations OHS policies
Define the needs and structure of an OHS
committee
Understand the needs of an induction
program from an OHS point of view
10-3
(cont.)
Learning Outcomes (cont.)

Identify current issues in OHS
Be aware of factors that could make the
workplace unsafe, unhealthy or unproductive
Develop strategies for the management or
elimination of harmful workplace practices
Develop a program of ongoing workplace
reviews
10-4
Equal Employment Opportunity

Equal employment opportunity (EEO)
is the recognition and engagement of
non-discriminatory activities in the
workplace.



10-5
Legislation
Legislation is another name for a law
or regulation. Within Australia, state
and federal laws provide protection
against discrimination.





10-6
Discrimination
Discrimination involves making a distinction
between two or more groups based on
differences or inabilities. The term also
means treading one person
disadvantageously compared to another.
10-7
Sexual Harassment
Sexual harassment is deemed to be
non-reciprocated and unwanted sexual
advances or innuendos that are
directed towards workers in the
workplace by fellow workers or by
others outside the workplace.

10-8
Bullying
Bullying is the
process of using
strength, power
or fear to make
another do
something against
his or her will.



10-9
Bastardisation


Bastardisation is an act
that debases or
corrupts
another.




10-10
Disability Discrimination
Under the Disability
Discrimination Act 1992
(Cwlth), discrimination is
disallowed against a person.
The legislation covers actual or
perceived disability or previous
disability, caring for a disabled
person, infectious or non-
infectious diseases and loss of
physical or mental functions.

10-11
Racial Discrimination
Racial discrimination is the unfair
treatment of someone because of his or
her race, colour, descent, or ethnic or
national origin. It is unlawful.





10-12
Affirmative Action
Affirmative action is a system
designed to remedy past
discrimination. It involves a
combination of legislative reforms
and management strategies to
achieve demonstrable progress
towards equal employment
opportunity.
10-13
Workplace Programs

The Equal Opportunity for
Women in the Workplace
Agency (EOWA) has
developed a six-step
program for designing and
implementing a workplace
program. A workplace
program establishes equal
opportunity principles in the
workplace.

10-14
Work and Family Issues
In 1990 the Work and Family
Unit was established by the
federal government. The
purpose of this unit was to
promote public awareness of
problems faced by workers in
balancing family
responsibilities with the
demands of the workplace.
10-15
Complaint Procedures
Every employer should establish
internal procedures for dealing with
the reporting of discriminatory and
harassing procedures in the workplace.

10-16
Occupational Health and Safety


Occupational health and
safety (OHS) is the
development and
implementation of workplace
programs and practices that
are safe to workers and their
health.


10-17
Common Law Responsibilities
Under common law, every
employer has the duty to
provide:
competent staff
a sufficient number of
workers to perform the
work safely
a reasonably safe place to
work
appropriate plant and
equipment
a reasonably safe system of
work
10-18
The Scope of OHS Law



Legislation exists at state and federal
levels and covers prevention,
compensation and rehabilitation. The
National Occupational Health and
Safety Commission (NOHSC) is a
federal commission that endeavours
to improve Australias OHS
performance through a number of
initiatives.



10-19






OHS Committees
OHS committees are an important
forum for joint discussion and policy
setting by both employer and
employee.


10-20
Current Issues in OHS
The main OHS issues today are:
manual handling
occupational deafness
forklift accidents
AIDS/HIV
smoking/drugs
stress
hazard identification
10-21
Identifying Hazards and Controlling
Risks
Processes are required to cover
the
following OHS issues:
hazard reporting procedures
procedures for hazard
identification
adhering to the hierarchy of
controls
monitoring outcomes of
inadequacies
analysis of incident and accident
information
10-22
Chapter 10 Summary
Many of Australias discrimination laws
are based on international industrial
conventions.
Legislation exists at state and federal
levels to cover issues such as racial, sexual
and disability discrimination.
Discrimination can be either direct or
indirect in its nature.
Sexual harassment and bullying are
increasing in the workplace.

10-23
(cont.)
Chapter 10 Summary (cont.)
Violence in the workplace is mainly found
in industries where alcohol and drugs are
more prominent.
It is the responsibility of both employer
and employee to report and manage
workplace harassment.
Affirmative action programs aim to
remove any discriminatory employment
practices and promote equality.

10-24
(cont.)
Chapter 10 Summary (cont.)

Most organisations in Australia should
have EEO and affirmative action policies in
place.
Increasingly organisations are now obliged
to confront work and family issues in the
workplace.
OHS includes workplace welfare issues.
The scope of OHS laws includes
prevention, compensation and
rehabilitation.
10-25
(cont.)
Chapter 10 Summary (cont.)
NOHSC is the federal commission
managing OHS issues and concerns in
Australia.
Certain industries are more prone to
accidents and workplace injuries than
others.
The adoption and management of safe
industrial practices is the joint
responsibility of employer and employee.

10-26