Related links
Overview of the Relevant Legislation
Summary of Consultative Provisions
Designated Work Groups
Role of Health and Safety Representatives
HSR Training Courses
Health and Safety Representatives : Overview of Relevant Legislation
The primary legislation governing petroleum activities offshore Australia is the Commonwealth's Offshore Petroleum and Greenhouse Storage Act 2006.
Schedule 3 of the OPGGSA and the associated Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 specifically relate to occupational health and safety
These laws apply to petroleum activities in Commonwealth waters, which generally commence 3 nautical miles from the coastal "base-line". Each State and the NT has its own legislation 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 many of 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 OPGGSA 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 regulations require the involvement of the workforce in risk management activities. In particular this includes a requirement, under the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009, for "effective consultation with and participation of the workforce" in the development and revision of facility Safety Cases.
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