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Health and Safety Representatives : Overview of Relevant Legislation

The primary legislation governing petroleum activities offshore Australia is the Commonwealth's Offshore Petroleum Act 2006.

Schedule 3 of the OPA and the following regulations under the OPA specifically relate to occupational health and safety:

  • The Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993;
  • The Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996;
  • Parts of the Petroleum (Submerged Lands) (Pipelines) Regulations 2001; and
  • The Petroleum (Submerged Lands) (Diving Safety) Regulations 2002.

These laws apply to petroleum activities in Commonwealth waters, which commence 3 nautical miles from the coastal "base-line". Each State and the NT has written, or will shortly write, its own legislation that will replicate the Commonwealth's, for application to petroleum activities within each 3 Nm zone. For simplicity, these notes refer only to the Commonwealth legislation. HSR's at facilities that fall under State laws should note that Schedule, Clause and Regulation numbers may differ in their legislation, but the basic provisions are the same.

For more details of the regulatory framework, go to the following link Legislation and Regulations.

Schedule 3 of the OPA adopts the principles of modern OHS law, and is broadly similar to the other OHS and Work Health Acts throughout Australia. For example, Schedule 3 establishes legal duties of care on those in management and control, sets out a range of consultative mechanisms, and establishes the powers of OHS inspectors.

Schedule 3 covers the following matters that are directly relevant to health and safety representatives:

  • The duty on management to consult with the workforce over OHS matters;
  • The duty on management to establish designated work groups if requested;
  • The selection and training of health and safety representatives; and
  • The functions and powers granted to health and safety representatives.

In addition, the listed regulations require the involvement of the workforce in risk management activities. In particular this includes a requirement, under the Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996, for "effective consultation with and participation of the workforce" in the development and revision of facility Safety Cases.

>> Summary of Consultative Provisions

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