This document sets out ITM’s obligation under the OHS Act 2004, that imposes duties on ITM, its employees, self-employed persons, persons in management and control of workplaces…
The purpose of this document is to provide guidance in the interpretation of the provisions of the Act and are as follows; (refer Section 4 of the Act)
- To ensure the health, safety and welfare of employees and other persons at work;
- To eliminate, at the source, risks to health, safety or welfare of employees and other persons at work;
- To ensure that the health and safety of members of the public is not placed at risk by conduct of undertakings by employees and self-employed persons; and
- To provide for the involvement of employees, employers, and organisations representing those persons, in the formulation and implementation of health, safety and welfare standards.
VECCI – Guides - Occupational Health and Safety Act 2004 V2.10/02/2015
National Employment Standards – Fair Work Act 2009
Road Transport and Distribution Award 2010 and amendments
Clerks - Private Sector Award 2010 and amendments
HR18 – Company Policy – HR
ICTUSER – ICT User Profile
ITM has an obligation to its employees, so far as is ‘reasonably practicable’, to provide and maintain a working environment that is safe and without risks to health.
To determine what is ‘reasonable and practicable’ regard must be had to the following matters:
- The likelihood of the hazard or risk eventuating;
- The degree of harm (consequence) that would result if the hazard or risk eventuated;
- What the person (corporate) concerned knows, or ought reasonably to know about the hazards or risk and any ways of eliminating or reducing the hazard or risk;
- The availability and suitability of ways to eliminate or reduce the hazard or risk; and
- The cost of eliminating or reducing the hazard or risk
Within the ACT ITM MUST consider the main duties of the employer:
Section 21 (1) Employers general duty of care,
An employer has an obligation to their employees, so far as reasonably practicable, to provide and maintain a working environment that is safe and without risk to health.
Section 21(2) meeting the employer’s duty of care
ITM shall meet its obligation to provide a safe workplace by;
- Providing and maintaining plant systems of work that are, so far as is reasonable practicable, safe and without risks to health;
- Make arrangements for ensuring, so far as reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances;
- Maintain, so far as is reasonably practicable, each workplace under the ITM’s management and control in a condition that is safe and without risks to health;
- Provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of ITM; and
- Provide such information, instruction, training or supervision to employees as is necessary to enable those persons to perform their work in a way that is safe and without risks to health
Section 21(3) – Employee includes contractor – An employee is deemed to include an independent contractor and their employees to the extent over which ITM has control or would control if not for any agreement purporting to limit or remove that control.
Section 22 – Duty to monitor the health and conditions of employees:
ITM must, so far as reasonably practicable:
- Monitor the health of employees
- Monitor the conditions of the workplace under its control;
- Provide information concerning health and safety at the workplace (in such languages as appropriate) including who an employee may make an enquiry or complaint to in relation to health and safety.
- Keep information and records relating to the health and safety of employees; and
- Employ or engage persons who are suitably qualified to provide advice in relation to occupational health and safety