This article contains promotional content .(April 2010) |
Victorian WorkCover Authority | |
Authority overview | |
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Formed | 1 December 1992 |
Preceding agencies |
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Type | Statutory authority |
Jurisdiction | Victoria, Australia |
Headquarters | Geelong |
Employees | 1,074 (June 2017) |
Minister responsible |
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Authority executives |
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Key document |
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Website | www |
Agency ID | PROV VA 3081 |
Footnotes | |
[1] |
WorkSafe Victoria is the trading name of the Victorian WorkCover Authority, [2] [3] a statutory authority of the state government of Victoria, Australia.
After being renamed in 2014 as Victorian Work-cover Authority by Minister Gordon Rich-Phillips, it returned to the WorkSafe trading name after the election of the Labor Government in November 2014. It has had a number of previous names including VWA, WorkCare and the Department of Labour. The name WorkSafe became the trading name for the workplace health and safety and workers compensation divisions in mid-2008, as it reflected the objective of encouraging people to work safely and reduce workplace injuries.
The organisation reports to a Minister and has a Board. [4] The Chief Executive is Joe Calafiore.
A review of WorkSafe and the Geelong-based Transport Accident Commission was announced in February 2015 by the Victorian Government. It is being carried out by a former WorkSafe and TAC Chair, businessman James MacKenzie. In announcing the review, the government confirmed its commitment to moving WorkSafe to Geelong.
From July 2018, WorkSafe's headquarters has been 1 Malop Street, Geelong VIC 3220.
WorkSafe's corporate aims are to take a constructive, accountable, transparent, effective, and caring approach to all its operations. [5]
Although being active in carrying out workplace safety inspections across the state and prosecuting breaches of workplace health, safety, and workers' compensation laws, a significant focus of WorkSafe's activity includes communication with internal and external stakeholders, media (including publishing details of significant incidents and prosecutions) and the wider community.
WorkSafe runs advertising and social media campaigns, an annual small/medium business roadshow (May–June), and events such as WorkSafe Health and Safety Month (October of each year), farming sector field days, and conferences where speakers from WorkSafe present information on general and specialist topics.
WorkSafe employs safety inspectors based at 12 offices in Melbourne (City, Narre Warren, Essendon Fields, Mulgrave) and regional Victoria (Ballarat, Bendigo, Geelong, Mildura, Shepparton, Traralgon, Wangaratta, and Warrnambool) and conducts targeted visits based on identified high-risk industries and in response to calls where dangers are identified. There is also a 24/7 emergency response assistance.
WorkSafe oversees Victoria's workers' compensation system which provides financial as well as health and related support to people who have been hurt in the course of their work. The system is funded by Victorian employers who pay a percentage of their total remuneration which provides insurance cover. In 2011 with increases to the average premium rates in other jurisdictions, the Victoria premium became Australia's lowest at 1.338%.
With the Victorian state budget in May 2012, this position was further reinforced for 2012–13 (June to June) with a further reduction to 1.229%. The amount paid by individual employers varies depending on their personal claims performance and that of their industry—i.e. a 'good' performing employer in an industry with many claims may pay rather less than others, while conversely, a poorly performing employer will pay more. Around 29,000 people a year make a workers' compensation claim (10.58/1000 employees in Victoria in 2010/11).
WorkSafe promotes to employers, injured workers and the people who treat them, the idea of an early and sustainable return to work. This helps keep business and premium costs down and benefits injured workers. Where it is not possible for a worker to return to their old workplace, WorkSafe's support program, WISE, which encourages other employers to step in and take advantage of their skills.
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. [6]
Mr Krasnostein and Ms Cosgrove were appointed by the previous Liberal Government and were charged with the responsibility of restructuring the organisation. This led to substantial job losses which resulted in the loss of many senior managers and experienced staff. Ms Cosgrove announced the start of the restructure program in June 2012 after the Queens Birthday long weekend in an email to staff which describes how she had had a pleasant weekend at the spa town of Daylesford in regional Victoria and that job losses would be the product of restructuring that would begin immediately. It took some weeks for the story to be reported. Their sudden resignations on 3 March 2015 were announced in a State Government news release were said to have been due to the loss of confidence in WorkSafe's leadership and the handling of chemical contamination of the soil and a cancer cluster at the Country Fire Authority's Fiskville training facility near Ballarat, however there had been a number of other senior officials who had also resigned since the government's election including Country Fire Authority CEO Mick Bourke, and the board of Ambulance Victoria. In an unusual move after the resignations of Ms Cosgrove and Mr Krasnostein, Minister Robin Scott spoke to staff at WorkSafe's headquarters and re-affirmed the government's support for WorkSafe's health and safety priorities which was widely seen as having been undermined under by the previous government.
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, [7] by Chris Maxwell QC (Queens Counsel) now a Judge of the Court of Appeal becoming the Occupational Health and Safety Act 2004. [8]
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 23and 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. [9]
A range of alternate penalties have also been introduced and are sought in some cases. These include adverse publicity orders (Section 135), safety improvement projects (Section 136), and enforceable undertakings (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).
The Occupational Safety and Health Administration is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance." The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival.
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers.
A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely used type of fact sheet used to catalogue information on chemical species including chemical compounds and chemical mixtures. SDS information may include instructions for the safe use and potential hazards associated with a particular material or product, along with spill-handling procedures. The older MSDS formats could vary from source to source within a country depending on national requirements; however, the newer SDS format is internationally standardized.
The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).
The Michigan Occupational Safety and Health Administration (MIOSHA) is a state government agency that regulates workplace safety and health in the U.S. state of Michigan. Michigan OSHA is an agency within the Michigan Department of Licensing and Regulatory Affairs, and operates under a formal state-plan agreement with the Occupational Safety and Health Administration (OSHA).
The Health and Safety at Work etc. Act 1974 is an act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.
The Workplace Safety and Insurance Board (WSIB) is the workplace compensation board for provincially regulated workplaces in Ontario. As an agency of the Ontario government, the WSIB operates "at arm's length" from the Ministry of Labour, Training and Skills Development and is solely funded by employer premiums, administration fees, and investment revenue. The WSIB is one of the largest compensation boards in North America and is primarily responsible for administering and enforcing the Ontario Workplace Safety and Insurance Act (WSIA).
The Control of Substances Hazardous to Health Regulations 2002 is a United Kingdom Statutory Instrument which states general requirements imposed on employers to protect employees and other persons from the hazards of substances used at work by risk assessment, control of exposure, health surveillance and incident planning. There are also duties on employees to take care of their own exposure to hazardous substances and prohibitions on the import of certain substances into the European Economic Area. The regulations reenacted, with amendments, the Control of Substances Hazardous to Work Regulations 1999 and implement several European Union directives.
Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.
North American Occupational Safety and Health (NAOSH) Week is an annual celebration that happens during the first full week of May. The aim of the event is to raise awareness about occupational safety, health, and the environment (OSH&E) in order to avoid workplace injuries and illnesses.
In common with most of Europe and North America, Australian State Parliaments have responded to workplace illness, injury, and death by enacting legislation regulating workplace hazards. Until the 1970s and 80s, these standards were generally detailed and technical, focusing mainly on prescriptive measures such as specifying machinery guarding measures to be adopted to prevent injury to workers operating dangerous machinery. Beginning in 2008, state and federal regulations were harmonised, giving greater clarity and consistency in the legislation in effect in the various states.
The WorkCover Authority of New South Wales was a New South Wales Government agency established in 1989. The agency created regulations to promote productive, healthy and safe workplaces for workers and employers in New South Wales. The agency formed part of the Safety, Return to Work and Support Division established pursuant to the Safety, Return to Work and Support Board Act, 2012 (NSW).
An occupational fatality is a death that occurs while a person is at work or performing work related tasks. Occupational fatalities are also commonly called "occupational deaths" or "work-related deaths/fatalities" and can occur in any industry or occupation.
The Workers' Compensation Board of British Columbia, operating as WorkSafeBC, is a statutory agency that was made in 1917, after the provincial legislature put into force legislation passed in 1902. This legislation is known as the Workers Compensation Act.
A lone worker (LW) is an employee who performs an activity that is carried out in isolation from other workers without close or direct supervision. Such staff may be exposed to risk because there is no-one to assist them and so a risk assessment may be required. Lone workers are now often supported by cloud-based automated monitoring systems and specialised monitoring call centres - often referred to as an 'Alarm Receiving Centre' or 'ARC' in the UK, or 'Emergency Dispatch Center' or 'EDC' in the US.
The Occupational Health and Safety Act 2000 is a repealed statute of New South Wales (NSW). The Act was repealed by the Work Health and Safety Act 2011.
Occupational safety and health (OSH) or occupational health and safety (OHS) is a multidisciplinary field concerned with the safety, health, and welfare of people at work. OSH is related to the fields of occupational medicine and occupational hygiene and aligns with workplace health promotion initiatives. OSH also protects all the general public who may be affected by the occupational environment.
The Occupational Health and Safety (OHS) Regulation of British Columbia is the primary source of law governing workplace health and safety, which was most recently amended in 2016. It sets the standard to which workplaces must attain when inspected by WorkSafeBC, unless they are exempt from inspection, e.g. mines.
The law for workplace bullying is given below for each country in detail. Further European countries with concrete antibullying legislation are Belgium, France, and The Netherlands.
Tanzania has a number of laws and regulations that govern occupational safety and health (OSH) protections for workers. The International Labour Organization reports that due to insufficient statistics and consistent reporting, it is impossible to determine the number of workplace accidents that occur in the country.
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