Regulation Overviews
Victoria’s existing occupational health and safety (OHS) regulations have been consolidated into a single, streamlined document.
Together with the modernised Occupational Health and Safety Act 2004 (the OHS Act), the new streamlined Occupational Health and Safety Regulations 2007 will improve health and safety in Victoria by making it easier for employers and workers to understand their safety obligations, while at the same time cutting red tape and compliance costs.
In making the regulation, WorkSafe has removed duplication and improved consistency with National Standards.
Hard copies of the Occupational Health and Safety Regulations 2007 are available from Information Victoria on 1300 366 356 or from Victorian Law Today.
Public Comment and WorkSafe's Responses
Click here for a summary of the public comments received by Worksafe Victoria on the regulatory package, and WorkSafe Victoria's responses.
What’s new?
In keeping with the move towards nationally consistent safety laws, the regulation incorporates changes in key areas so Victoria’s approach reflects National Standards. This will involve some new obligations for employers and workers who engage in high-risk work.
A new dedicated set of minimum standards for the construction industry set out in the regulation is modelled on an approach led by the Commonwealth Government under the National Standard for construction.
A National Standard led by the Commonwealth Government for licensing the performance of high-risk work will bring Victoria into line with other states and enable the free flow of skills across borders. Incorporating photo identification and introducing renewal periods will strengthen protection against fraud which has been an issue in other states.
The best OHS outcomes are a result of effective consultation between workers and employers, which is mandated under the OHS Act. Where workers have elected a health and safety representative, the OHS Act requires employers to involve them when consulting their employees. The regulation describes in more detail how employers must involve the workplace health and safety representatives in discussions with their workforce regarding OHS issues.
The table below outlines the key changes and effects of the consolidated regulation
Click on the regulation parts for a detailed explanation of all duties (new and existing) relating to that topic:
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Regulation Parts |
Comment |
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Preliminary General Duties (Consultation) |
New regulation to advise how employers are to involve health and safety representatives in consultation with employees on OHS issues. |
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Translation of existing laws. Clarification of the procedure for temporary measures to be put in place while an OHS issue is being discussed. |
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Translation of existing laws. No new obligations. |
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Translation of existing laws. Reducing red tape regarding noise exposure in excess of the standard. Mechanism to apply for an exemption from the noise part. |
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Translation of existing laws. Redefinition of ‘emergency services employees’ to clarify the position of employees and volunteers. |
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Translation of existing laws. No new obligations. |
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Minor changes relating to maintenance of lifts and duties of auctioneers. Registration required every 5 (not 3) years. |
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High Risk Work (Licensing and registrations) |
Adopting a National Standard licensing system through the regulation, including photo identification and introducing 5-year renewal periods to strengthen protection against fraud. |
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Further alignment with the National Model Regulations and standardisation of licensing requirements for use of scheduled carcinogenic substances. |
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Maintaining current regime which provides the best protection for workers and community of all the states. There is no change to what licensed and unlicensed removalists can do. Reducing the administrative burden in relation to notification of asbestos removal and making requirements for unlicensed removalists clearer. |
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Translation of existing laws and continued alignment with the National Standard. |
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Combining disparate parts of the National Standard to develop a streamlined single regulation which is consistent with the Commonwealth-led National Standard. Incorporates nationally recognised model for safety induction training, coordination plans and safe work method statements. |
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Continued alignment with National Standards and clarification of point of review for a Safety Management System. |
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Translation of existing laws. Maintaining licensing requirements for winder operators. |
The two existing Equipment Public Safety regulations have been consolidated and incorporated into a single streamlined regulation.
