OVERWORK AND STRESS IN NSW

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EMPLOYER'S RESPONSIBILITIES

Under section 8 of the OHS Act 2000 employers have a duty of care to ensure the health, safety and welfare of employees and others in the workplace.

Section 12 of the OHS Act 2000 details the penalties for breaches under scetions 8 - 11 of the Act.

Under clauses 9 - 11 of the OHS Regulation 2001 employers are also required to identify workplace hazards (including psychological hazards) and assess, control and review risks - in consultation with workers.

Sections 13 to 19 of the OHS Act 2000 require that employers consult with workers on OH&S matters. Clauses 20 to 32 of the OHS Regulation 2001 provide for further requirements re: duty to consult.

Section 23 of the OHS Act 2000 prohibits dismissal or victimisation of workers for making a complaint about OH&S issues.

Section 26 provides for managers and directors of organisations who breach the Act to be held personally liable.

OHS Act 2000 (see sections 8, 12, 23 and 26)
http://www.austlii.edu.au/au/legis/nsw/consol_act/ohasa2000273

OHS Regulation 2001 (see clauses 9 - 12)
http://www.austlii.edu.au/au/legis/nsw/consol_reg/ohasr2001364


REPORTING OPTIONS

If your employer is in breach, you may:

· Raise your concerns by providing information to your employer (such as that above) to remind them of their responsibilities under the OH&S Act 2000.
· Raise your concerns formally via your organisation's grievance procedures or a workplace OHS Committee or representative(s).
· If the above is not practicable then a complaint can be made to the relevant industrial union.
· If the above is not practicable then a workplace complaint can be made to WorkCover NSW by calling their Information Centre on 13 10 50.

STRESS & WORKERS COMPENSATION

Workers suffering from stress-related illnesses due to work may need to seek medical advice. They may be eligible to claim workers compensation and, should the claim be successful, weekly benefits and medical expenses can be paid.

Information on eligibility for and making workers compensation claims can be found on the WorkCover NSW website:
http://www.workcover.nsw.gov.au/Subsites/Faq/list.asp?Area=EW


RESOURCES

· ACTU OHS Guidelines for Shift Work and Extended Working Hours
http://www.actu.asn.au/public/ohs/guidelines.html

· ACTU Reasonable Hours Test Case Affiliates Information Kit
http://www.actu.asn.au/public/papers/affiliateskit.html

· The WorkCover NSW publication "Stress, the workplace and you" (hardcopy only) is available from their Information Centre on 13 10 50.

· Stress at Work: A Fact sheet (Safetyline WA - includes links to other stress-related resources)
http://www.safetyline.wa.gov.au/PageBin/disegenl0007.htm

· A Guide to Work-Related Stress : SafetyLine WA
http://www.safetyline.wa.gov.au/PageBin/wswaslmg0069.zip

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