EXPLANATORY STATEMENT

 

 

Select Legislative Instrument 2007 No. 305

 

Issued by the authority of the Minister for Employment and Workplace Relations

 

Occupational Health and Safety Act 1991

 

Occupational Health and Safety (Safety Standards) Amendment Regulations 2007 (No. 1)

 

The Occupational Health and Safety Act 1991 (the OHS Act) establishes a framework for the regulation of employers, employees and practices at workplaces covered by the OHS Act to protect the health and safety of employees at work.

 

Section 82 of the OHS Act provides, in part, that the Governor General may make regulations, not inconsistent with the OHS Act, prescribing all matters required or permitted by the OHS Act or necessary or convenient to be prescribed for carrying out or giving effect to the OHS Act.

 

The Occupational Health and Safety (Safety Standards) Regulations 1994 (the Principal Regulations) set out mandatory requirements with respect to risk assessments, competencies and certification standards and control of specific risks in the workplace.

 

The purpose of the Regulations is twofold.

 

First, the Regulations extend the time for which the Australian Defence Organisation (Defence) has an exemption for the use of chrysotile in mission critical items. The use of chrysotile and other forms of asbestos in the workplace was banned nationally on 31 December 2003. However, the Principal Regulations allow the Safety, Rehabilitation and Compensation Commission to exempt Defence from the prohibition if the use of chrysotile is mission critical and there is no reasonable alternative. This specific exemption is due to expire on 31 December 2007 and the Regulations extend the expiry time until 31 December 2010.

 

Secondly, the Regulations make some minor amendments to the Principal Regulations by: correcting references in Parts 2 and 3 of Schedule 9; correcting a typographical error in paragraph 9.29 identified by the Senate Committee on Regulations and Ordinances; and inserting an additional requirement in paragraph 12.19 (b) that safety signs are to be clearly visible to all users of the signs, which was similarly suggested by the Committee.

 

An assessment was made under the guidelines issued by the Office of Best Practice Regulation which indicated that a regulation impact statement (RIS) was not required for these Regulations.

 

The Australian Safety and Compensation Council invited public comment on the proposed extension to the expiry of the exemption date and the Heads of the Workplace Safety Authorities were also informed of the matter. The Safety, Rehabilitation and Compensation Commission which comprises employer and employee representatives and other interested parties, also considered the issue and recommended extension of the exemption for a further 3 years.

 

Details of the Regulations are set out in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Occupational Health and Safety (Safety Standards) Amendment Regulations 2007 (No. 1)

 

 

Regulation 1 – Name of Regulations

 

This identifies the Regulations as the Occupational Health and Safety (Safety Standards) Amendment Regulations 2007 (No. 1).

 

Regulation 2 – Commencement

 

Regulation 2 provides the Regulations commence the day after they are registered.

 

Regulation 3 – Amendment of the Occupational Health and Safety (Safety Standards) Regulations 1994

 

Regulation 3 provides that the Occupational Health and Safety (Safety Standards) Regulations 1994 are amended as set out in Schedule 1.

 

 

Schedule 1 – Amendments

 

Item [1] Paragraph 9.29(1)(a)

 

This item corrects a typographical error in paragraph 9.29(1)(a).

 

Item [2] Paragraph 12.19(b)

 

Regulation 12.19 requires employers to maintain the construction site including ensuring signs are erected and kept in good condition. This item inserts an additional requirement that safety signs are to be clearly visible to all users of the signs.

 

Item [3] Schedule 1B, subclause 3.02(2), table, items 1 and 3

Item [4] Schedule 1B, subclause 3.02(2), table, item 4, column 3

 

Item 3 removes items 1 and 3 from the table of uses of chrysotile for which exemptions may be granted since the expiry dates for these items have since passed. Item 4 amends the date of expiry for item 4 in the table of exemptions, being the use of chrysotile by the Australian Defence Organisation, from 31 December 2007 to 31 December 2010.

 

Item [5] Schedule 9, Part 2, item 54

Item [6] Schedule 9, Part 3

 

Schedule 9 is used by an employer in control of a facility to determine whether to notify the Commission in relation to that facility, or whether the Commission classifies a facility as a major hazard facility. It also explains how to calculate the quantities of scheduled materials present, how to select the appropriate threshold quantity and how to calculate the aggregation formula.

 

Item 5 corrects a minor drafting error by replacing the reference in Part 2, item 54 to “packaging groups I and II” with a reference to “packaging groups II and III”.

 

Item 6 corrects a minor drafting error in Part 3 by changing the title within the columns for toxicity criteria to read in column one “oral toxicity in rats”, and in column two “inhalation toxicity (4 hours in rats).”