Occupational Health and Safety Act 2004

Summary

The OHS Act 2004 is Victoria's primary workplace health and safety legislation. It imposes duties on employers to provide and maintain working environments that are safe and without risks to health, so far as is reasonably practicable. The Act came into effect on 1 July 2005 and is administered by WorkSafe Victoria.

For procurement, the key relevance is Direction 3.7 of the PDCMA Ministerial Directions, which mandates that OHS management capability is a mandatory evaluation criterion in every construction tender. The Act also underpins one of the five Fair Jobs Code compliance standards.

Key Provisions

Health and Safety Principles (s4)

The Act is founded on five principles: 1. All persons given the highest level of protection that is reasonably practicable 2. Persons who manage or control risk-creating activities are responsible for eliminating or reducing risks 3. Employers should be proactive in taking reasonably practicable measures 4. Employers and employees should exchange information about risks and risk controls 5. Employees are entitled to be represented on health and safety issues

Employer Duties (s21) — Key Requirements

So far as is reasonably practicable, an employer must: - Provide and maintain a safe working environment - Provide and maintain safe plant and systems of work - Ensure safe use, handling, storage and transport of plant and substances - Provide adequate facilities for employee welfare - Provide information, instruction, training and supervision - Monitor workplace conditions and employee health - Maintain records and employment information

Procurement Relevance

Construction Tenders (Direction 3.7)

The PDCMA Ministerial Direction 3.7 mandates that every construction tender must include mandatory evaluation criteria for OHS management. Tenderers must demonstrate: - An active, effective OHS management system - Track record of OHS compliance - Capacity to manage OHS on the specific project

Fair Jobs Code

OHS Act compliance is one of the five Fair Jobs Code standards. Suppliers tendering for government contracts $1M+ must demonstrate compliance with the OHS Act as part of their pre-assessment certificate.

Labour Hire

Amendments to the OHS Act introduced greater obligations for host employers engaging labour hire workers, including duties to consult, cooperate and coordinate with labour hire agencies on health and safety matters. This affects procurement of labour hire services.

Enforcement and Penalties

WorkSafe Victoria enforces the OHS Act through: - Improvement notices — requiring compliance actions - Prohibition notices — stopping dangerous activities immediately - Prosecutions — criminal offences for serious breaches - Infringement notices — on-the-spot penalties

Maximum penalties for employers failing to provide a safe workplace can include significant fines and, for the most serious offences, imprisonment.