Publication:Sea Talk Spring 2004/Safety law change
- members liable?
Changes to Commonwealth occupational health and safety legislation make personnel potentially liable for failure to adhere to proper OH&S practices.
In a Navy Headquarters signal, the Chairman of the RAN Safety Council, RADM Max Hancock, flags the changes to the Occupational Health and Safety (Commonwealth Employment) Act of 1991.
" Normally the Commonwealth will indemnify personnel who have acted reasonably and responsibly," he says. "This means acting in accordance with the relevant statutory provisions, Defence Instructions and policy guidance, and taking reasonable precautions."
RADM Hancock says that an amendment to the act, effective from September 13, means that Commonwealth personnel are no longer immune from prosecution for breaches of OH&S provisions." The intent of the amendment is to focus attention on OH&S by imposing the potential for personal penalties," he says.
" It is important to note that the amendment does not impose any new duties on employers or employees. There is no change to an employer's primary duty to take all reasonably practicable steps to protect the health and safety at work of employees and others at or near a workplace.
" Similarly, there is no change to the duty of employees to take all reasonably practicable steps to protect the health and safety of themselves or other persons at or near the workplace." RADM Hancock says safety in the workplace deserves and receives Navy's highest priority as a means of protecting Navy people and capability.
" Navy training, systems and procedures all contribute to safe outcomes," he says. " The difference between success and failure often lies in our individual conduct. " The vast majority of Navy personnel work hard at safety."
RADM Hancock says Navy training and education provides personnel with the appropriate skills and competencies to work safely in the Defence environment.
" While the levels of OH&S knowledge and experience vary widely across the Navy workforce, adherance to established principles, safe working practices and standard operating procedures is a fundamental requirement of all personnel regardless of seniority or experience.
"The Navy OH&S training continuum is being reviewed in the light of the amendment to ensure OH&S training and education continues to be appropriate."
RADM Hancock adds that the amendment to the legislation 'should not be of undue concern but rather further serves to support commanding officers and supervisors in demanding high standards of compliance with regulations, orders and instructions by all uniformed and civilian personnel working within their juristiction.
" Improvements to the Navy safety system to be announced at the 2004 Navy Symposium, including the launch of the Navy Safety Culture Blueprint, will further assist in this regard," he says.
The NHQ signal precedes detailed legal advice on the topic.
Questions on the amendment should be directed first to the Navy Safety Helpline on 1800 558 555.
