WorkSafe Victoria

WorkSafe Victoria is the trading name of the Victorian WorkCover Authority, [ [www.worksafe.vic.gov.au WorkSafe Victoria web sit] ] a statutory authority of the state government of Victoria, Australia.

Also known (incorrectly) as WorkCover, VWA, WorkCare and the Department of Labour, all past incarnations since 1985, WorkSafe became the trading name in mid 2008.

The organisation reports to a Minister, Tim Holding [http://www.parliament.vic.gov.au/handbook/searchresult.cfm?menuid=1&memberId=104I] ; has a Board of Management (Chair Elana Rubin), Chief Executive (Greg Tweedly), Deputy Chief Executive (Ian Forsyth), Executive Director Safety (John Merritt) and Executive Director Rehabilitation and Compensation (Len Boehm).

Each of the Executive Directors have a series of business units which report to them.

WorkSafe is recognised as a world leader in Occupational Health and Safety. It aims to take a constructive, accountable, transparent, effective and caring approach to all its operations.

Communication with internal and external stakeholders, media and the community though advertising, face-to-face briefings, road shows and events aimed at targeted groups are a significant focus of WorkSafe's activity.

Workplace health and safety

WorkSafe employs more than 250 safety inspectors based at 12 offices in Melbourne (City, Dandenong, Preston, Mulgrave) and regional Victoria (Geelong, Warrnambool, Traralgon, Mildura, Bendigo, Ballarat, Shepparton and Wangaratta).

They are employed in a range of specialist teams: Public Sector; Construction and Utilities; Manufacturing; Logistics and Agriculture; Hazard Management Divisions.

Project officers who manage specific projects identified by the organisation develop enforcement activity in industries where there is a history of poor performance or where safety improvement has stalled.

Legislation and regulation

WorkSafe is regulator of a wide range of Acts of Parliament including the Accident Compensation Act 1985; Accident Compensation (Occupational Health and Safety) Act 1996; Accident Compensation (WorkCover Insurance) Act 1993; Workers Compensation Act 1958; Occupational Health and Safety Act 1985; Occupational Health and Safety Act 2004;Dangerous Goods Act 1985; Equipment (Public Safety) Act 1994; Road Transport (Dangerous Goods) Act 1995; Road Transport Reform (Dangerous Goods) Act 1995 (Commonwealth) Mines Act 1958.

Regulations set out mandatory requirements under the Acts and are linked to copies held at Victorian Law Today.

Accident Compensation Regulations 2001; Dangerous Goods (Explosives) Regulations 2000; Dangerous Goods (HCDG) Regulations 2005; Dangerous Goods (Storage and Handling) Regulations 2000; Dangerous Goods (Transport by Rail) Regulations 1998; Equipment (Public Safety) Regulations 2007; Magistrates' Court (Occupational Health and Safety) Rules 2005; Occupational Health and Safety Regulations 2007; Road Transport (Dangerous Goods) (Licence Fees) Regulations 1998; Road Transport Reform (Dangerous Goods) Regulations 1997. [http://www.dms.dpc.vic.gov.au/]

Occupational Health and Safety Act:

The Occupational Health and Safety Act was enacted in 1985 as a major reform of the Labor government of John Cain II.

The Act was reviewed, [http://www.dtf.vic.gov.au/CA25713E0002EF43/WebObj/MaxwellReport_06Apr04/$File/MaxwellReport_06Apr04.pdf] by Chris Maxwell QC (Queens Counsel) now a Judge of the Court of Appeal becoming the Occupational Health and Safety Act 2004 [http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/95c43dd4eac71a68ca256dde00056e7b/e9579446a7787f37ca25728900169aab!OpenDocument] .

The 'new' Act broadly reflected the requirements of the OHS Act 1985.

The most basic of duties requires employers to provide a safe workplace for employees and people other than employees (Sections 23 and 24).

The 2004 Act greatly increased potential fines from a maximum of $250,000 to more than $900,000. The highest fine yet was imposed in August 2008 when the brewer, Fosters was convicted and fined $1.125 million for two breaches of the Act. [http://www.theage.com.au/national/fosters-fined-for-workplace-death-20080805-3qjd.html]

A range of alternate penalties have also been introduced and are sought in some cases. These include adverse publicity orders (Section 135) [http://www.foodweek.com.au/main-features-page.aspx?articleType=ArticleView&articleId=1597] , safety improvement projects [http://www.news.com.au/heraldsun/story/0,21985,24188197-2862,00.html] (Section 136), and enforceable undertakings [http://www.foodweek.com.au/main-features-page.aspx?articleType=ArticleView&articleId=1597] (Section 137).

The Duties of Directors and company officers (Section 144) have also been included along with new powers to obtain information (Section 9), the creation of ARREOs (Authorised Representatives of Employee Associations)(Sections 87-94), a duty to consult on matters affecting health and safety(Sections 35 and 36) and a significant change which allow for the internal review of inspectors decisions (Sections 127 to 129).

References