Compliance Framework | Employer obligations

Independent Schools Victoria Compliance Framework

Issues such as compliance, safety in the curriculum and workplace bullying.

Employer obligations

Please scroll to the bottom of the page for contacts and links

Do you need to comply?

Yes, under the provisions of the Occupational Health & Safety Act 2004 (Vic.).

Conditions of compliance

You must provide a safe and healthy workplace for your workers and contractors.

If you have to comply, what do you have to do?

Your employer obligations include:

providing and maintaining safe plant (such as machinery and equipment) and safe systems of work (such as controlling entry to high risk areas, controlling work pace and frequency and providing systems to prevent falls from heights)
implementing arrangements for the safe use, handling, storage and transport of chemicals (such as dangerous goods and other harmful materials)
maintaining the workplace in a safe condition (such as ensuring fire exits are not blocked, emergency equipment is serviceable, and the worksite is generally tidy)
providing workers and contractors with adequate facilities (such as clean toilets, cool and clean drinking water, and hygienic eating areas)
making sure workers have adequate information, instruction, training and supervision to work in a safe and healthy manner.

You must also:

adequately monitor your workers' health
keep information and records relevant to your workers' health and safety (such as records of biological monitoring, asbestos assessments, first aid records and relevant medical information)
employ or engage people with the necessary qualifications or expertise to advise you on health and safety issues affecting your workers
consult with employees on matters that may directly affect their health, safety or welfare. Where the employees are represented by a health and safety representative (HSR), the HSR must also be involved in the consultation
nominate a senior management representative (or yourself) to deal with workers and their health and safety representatives in resolving health and safety issues at the workplace
provide your workers with information in the appropriate languages about your workplace health and safety arrangements, including the names of those to whom the workers can make an inquiry or complaint.

Previous injuries

When hiring new employees you should inform them, in writing, of the nature of the work and ask if they have any pre-existing injury or illness that may be affected by the work.
You should also inform them, in writing, that failing to notify or hiding a pre-existing injury or illness which might be affected by the nature of the proposed employment, could result in that injury or illness being ineligible for future compensation claims.

Other health and safety obligations

You must ensure that other people (including students, contractors and visitors) are not endangered by the conduct of your school (for example, by providing protection from falling debris around construction sites, controlling traffic access to your workplace and limiting public access within your workplace).

You have additional specific obligations involving the storage, handling and use of dangerous goods.

You also have obligations to:

meet particular licensing, registration and certification requirements
immediately notify WorkSafe of certain dangerous incidents
co-operate with WorkSafe Inspectors
comply with Inspectors' Notices and Written Directions issued by WorkSafe Victoria Inspectors.

There are also employer obligations in relation to:

Workplace Injury Insurance
Claims
Return to work of injured employees

(Note: Details of these last three obligations can be found on the WorkCover Authority's website)

What are the consequences if you don't comply?

The maximum penalties for breaches of the Occupational Health & Safety Act 2004 (Vic.) are $1,051,380* for companies and $210,276* for individuals. (*This amount is correct from 1 July 2009 and is indexed annually).

Who will help you?

Independent Schools Victoria contact:

Sandro Mazzotta
Senior Workplace Relations Adviser
Ph. 03 9825 7206
sandro.mazzotta@ais.vic.edu.au

Independent Schools Victoria documents:

Click here to download (pdf) the OH&S "Vital Signs" checklist from Willis Risk Management