WorkSafe the authority: Occupational Health and Safety Act 2004

Improving standards

The Occupational Health and Safety Act 2004 (OHS Act) provides a broad framework for improving standards of workplace health and safety to reduce work-related injury and illness. The OHS Act aims to:

• secure the health, safety and welfare of employees and other people at work
• protect the public from the health and safety risks of business activities
• eliminate workplace risks at the source
• involve employers, employees and the organisations that represent them in the formulation and implementation of health, safety and
• welfare standards

Functions of WorkSafe

WorkSafe's functions include:

• reporting to the Minister on matters the Minister requests information or advice about
• making recommendations to the Minister about the OHS Act, Occupational Health and Safety Regulations 2017 (OHS Regulations), compliance codes and setting up public inquiries
• monitoring and enforcing compliance with the OHS Act and OHS Regulations
• managing registration or licensing schemes that relate to occupational health, safety and welfare
• providing advice and information about occupational health, safety and welfare
• circulating information about the duties, obligations and rights of persons under the OHS Act or OHS Regulations and developing standards, specifications or other forms of guidance to help people comply with their duties and obligations
• promoting education and training about occupational health, safety and welfare
• helping develop positive relationships between employers and employees in relation to the health, safety and welfare of employees
• engaging in, promoting and coordinating the sharing of information to achieve the aims of the OHS Act
• promoting public awareness and discussion about occupational health, safety and welfare and the principles of health and safety protection
• creating programs that encourage employers to reduce risks and improve occupational health, safety and welfare
• monitoring the success of occupational health, safety and welfare measures
• initiating and encouraging research to find ways to improve occupational health, safety and welfare
• collecting and publishing statistics relating to occupational health, safety and welfare

Power to obtain information

WorkSafe has the power to make a person provide information or documents to check whether a duty holder has complied with the OHS Act or OHS Regulations or to investigate a suspected breach. A person must provide the information or documents to WorkSafe, unless they have a reasonable excuse not to do so or if doing so could incriminate the person.

Restrictions on disclosure

WorkSafe or those acting on its behalf can only create or hold records and information where it is necessary to perform official duties. Documents and information can only be produced or disclosed:

• in court or tribunal proceedings
• to relevant government authorities, departments or parliamentary committees
• as otherwise required or permitted by an Act of Parliament

Guidelines and advice

To help duty holders comply with the OHS Act, WorkSafe may make and provide guidelines explaining how it will apply the OHS Act and how it will use its discretion.

WorkSafe, including an inspector or other authorised person, may also give advice on how to fulfil duties and obligations under the OHS Act.

Guidelines and advice do not create any:

• additional right, duty or obligation on a person
• additional defence for a person
• liability or claim against WorkSafe

Accepting and enforcing undertakings

If a person has or is alleged to have breached the OHS Act, WorkSafe may accept a written undertaking rather than pursuing a prosecution. An undertaking is an agreement to carry out specific OHS improvements at a workplace. Prosecution proceedings for an offence cannot start while an undertaking related to the offence is in place.

However, if WorkSafe believes a person has not complied with an undertaking it can apply to the Magistrates' Court to have the undertaking enforced. An undertaking may also be withdrawn or varied at any time if WorkSafe provides written consent.

Occupational Health and Safety Advisory Committee

The Occupational Health and Safety Advisory Committee advises WorkSafe's board on the promotion of healthy and safe working environments and on the operation and administration of the OHS Act. The OHS Act established the committee and its members include WorkSafe, employers, employees, the government and OHS specialists.