OHS Database: Small Business OH&S, Workers Compensation and Injury Management Requirements in NSW

UNOFFICIAL OHS DATABASE

SMALL BUSINESS - MAIN REQUIREMENTS (most information here pertains to NSW - see list of other jurisdictions here)

ACTIVITIES EXPECTED FROM EXPLOYERS UNDER OHS LAWS (this listing does not necessarily comprise all requirements - it depends on your risk assessments)

OCCUPATIONAL HEALTH & SAFETY

Small Business Strategy (WorkCover NSW)

Small Business Starter Kit (WorkCover NSW)

Six Steps to Occupational Health and Safety: duty of care in OH&S (WorkCover NSW) is an effective and simple guide to compliance for small organisations.
(NB. Published before OHS Act 2000, but other than legislative references, the information is sound)

· Meet duty of care responsibilities and have OH&S policies & procedures, and hazard identification - see Risk Management topic for detail and links to publications

· Ensure amenities comply with the OH&S Regulation 2001 and NSW Code of Practice - see Amenities topic for detail

· Meet the requirements of the first aid provisions of the OH&S Regulation 2001 (also see First Aid topic)

· Lodge building plans with the local municipal or shire council (if applicable).

· Ensure sufficient supply of fire extinguishers and fire hoses. See Emergency topic for detail. Contact local fire brigade for specific requirements. See Standards Directory for list of relevant Australian Standards for fire exttinguishers.

· Ensure sufficient access and egress, all clearly marked. It's important to maintain good workplace housekeeping habits. Housekeeping checklist (and other checklists)

· Ensure workers using plant that requires certificates of competency are licensed. Also note licensing and registration requirements for certain types of plant and activities.

· Ensure all dangerous moving parts on all machinery are adequately guarded (Ref: clause 90 of the NSW OHS Regulation 2001 (see Machinery / plant topic)

· If you are storing dangerous goods ensure you comply with the Dangerous Goods Regulation 1999 and apply for a Dangerous Goods licence if necessary (see Dangerous Goods and Hazardous Substances topics).

· Specific Industries have specific requirements eg. infection control, skin cancer, etc (see Publications and Industries sections of the WorkCover website.

· Useful Reference: Getting Started with OHS (NOHSC)

WORKERS COMPENSATION / INJURY MANAGEMENT

· Every employer must take out and keep up to date a workers compensation insurance policy covering all their employees and certain other persons brought within workers compensation benefits by the legislation (refer to list of insurers licensed to issue workers compensation policies).

» In regard to record keeping and workers compensation insurance policies, employers must:

· keep correct records of wages paid to employees, and the trade occupation or calling of each worker, (and all matters relevant to the calculation of insurance premium) for a period of at least seven (7) years from the date of the last entry made in the record section 174 of Workers Compensation Act 1987

· keep a copy of their workers compensation policy for at least seven (7) years from its expiry, or until all employees that the policy was in force for have left, whichever is the later section 161 of WCA 1987

· keep an accident report book, available from Workers Compensation insurers, large newsagents and Zion Systems, readily accessible to employees. It is prudent to keep this permanently.

· report work related accidents/illnesses which result greater than seven days off from usual duties, or any dangerous occurrences that could have caused the above. Incident Report forms available from either your Workers Compensation insurer or WorkCover NSW (ph: 13 10 50) or you can report non-serious accidents online. Serious, or non-disturbance, accidents are described in s344 of the OHS Regulation 2001.

· display a summary poster of the Workers Compensation Act 1987 & Workplace Injury Management & Workers Compensation Act 1998, showing details of your current insurer - available from your workers compensation insurer or WorkCover. See "Posters and Signs" for more detail.

· have satisfactory arrangements for all workers to have access to their Return to Work Program. You should provide a copy of the return-to-work program to any worker who requests it and to any injured worker that makes a claim for compensation. See the "Injury Management" section of the WorkCover website for further information. A copy of a Standard Return to Work Program (for small employers) can be requested from WorkCover NSW. Also see Guidelines for Employers Return to Work Programs.

Also see WorkCover NSW website FAQs - Workers Compensation Insurance