Stop press

Key Points:

WorkSafe Victoria has just issued two position statements providing further guidance for duty holders on their obligations under Part 3 of the Vic OHS Act, which imposes a duty on employers, designers, suppliers, installers and manufacturers alike to ensure health and safety at the workplace. Both position statements took effect from 30 November 2007.

The first outlines and provides useful commentary on the approach WorkSafe will take in weighing up the matters set out at section 20(2) of the Vic OHS Act which are matters that WorkSafe consider in determining whether the "reasonably practicable" test has been satisfied in particular circumstances. These matters are:

• the likelihood of the hazard or the risk concerned eventuating
• the degree of harm that would result if the hazard or risk eventuated
• what the person concerned knew, or ought reasonably have known, about the hazard or risk or 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.

The second position statement outlines the steps WorkSafe considers should be undertaken by a duty holder to identify and understand hazards and risks at the workplace.

While these position statements do not have force of law nor give rise to any additional right, expectation, duty or obligation that a duty holder does not already have under the Vic OHS Act, they do provide further useful guidance and insight into the way in which WorkSafe will approach these very important and central concepts of the Vic OHS Act. Notably, WorkSafe states in the position statements that it will not act inconsistently with the content of each document. It is likely, therefore, that these documents will become important references in litigation in the future.