Occupational Health and Safety Act NSW 2000

The Occupational Health and Safety Act 2000 is a statute of New South Wales (NSW).

The NSW Occupational Health and Safety Act 2000, No 40. (OHS Act) provides the rules and legislation to be abided by all workplaces, to ensure the health, safety and welfare of all persons at work in the state of New South Wales, Australia.

The full OHS Act 2000, including regulations, reviews and amendments can be found at the NSW Legislation website.

"An Act to secure the health, safety and welfare of persons at work; to repeal the Occupational Health and Safety Act 1983; and for other purposes."

The Act was agreed upon on 2 June 2000 and commenced on 1 September 2001. This Act replaced the previous OHS Act 1983 and contains new provisions that require employers to consult with employees on health, safety and welfare matters. The OHS Act is implemented by WorkCover NSW, and applies to all workplaces in NSW, (except as otherwise stated in the Act). Through WorkCover, industry codes of practice are made under the OHS Act, which provide practical guidance and advice on how to achieve the standards required by the OHS Act and the Occupational Health and Safety Regulation 2001. The Minister responsible for the OHS Act, including the approval of the codes of practice is the Minister for Finances and Services. The Minister for Resources and Energy is responsible for sections of the Act that relate to coal or mining workplaces . The specific roles and functions of WorkCover are set out in the Workplace Injury Management and Workers Compensation Act 1998 . WorkCover can also provide assistance, education, and advice on interpretation of guidelines and issuing of guidelines of the OHS Act and related Regulations.

The objectives of the OHS Act are:

The Act provides:

Any breaches of the OHS Act and its Regulations may be dealt with in a court of Law. The OHS Act may also provide assistance to the Courts in making decisions regarding penalties. For example, in the Industrial Court of NSW, cases were heard regarding an incident at an Oil Seed extraction industry where a bin caught fire, causing explosions which led to the injury of workers and members of the fire brigade, including fatal burns.

Investigations were carried out by WorkCover Australia and prosecutions brought against the Oil Seed Company, Caines Pty Limited and Ors, and the NSW Fire Brigade. The Court found that the employer Caines Pty, the managers of this company and the NSW Fire Brigade had breached Sections 15(1) and 16(1) of the OHS Act and had failed to ensure the health, safety and welfare of their employees. Penalties were decided upon based on section 12 of the OHS Act. A full description of the cases and the outcomes can be found at LawLink NSW - The NSW Industrial Relations Commission Judicial Decisions website

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