Your Legal Duties - Section 2
Self-employed farmers, farm managers, employers and employees all have legal responsibilities to make the farm safe. This includes people running the family business or working their own property.
Manufacturers, importers, suppliers and installers of substances, materials, buildings, plant and equipment, and other people in control of farming workplaces can also have legal responsibilities relating to workplace safety on farms.
Act and Regulations
Every employer is required by law to make available a copy of the Occupational Safety and Health Act and the Occupational Safety and Health Regulations , to any employee who asks to see them.
People who live on or visit farms are also covered by these laws, whether they work there or not.
Employers
Employers must take all practicable steps to ensure employees are not exposed to hazards. Their responsibilities include:
- Maintaining work areas, machinery and equipment in a safe condition.
- Organising safe systems of work.
- Providing adequate information, instruction, training and supervision to enable employees to work safely.
- Ensuring employees are aware of potential hazards.
- Providing adequate protective clothing and equipment (e.g. ear plugs, goggles, respirators, etc) where other measures to eliminate or control risks are impracticable or inadequate.
- Consulting with employees on safety and health matters.
- Making sure equipment and materials are used, stored, transported and disposed of safely.
- Identifying hazards, assessing risks and controlling hazards on the farm.
Employees
Employees must take reasonable care to protect their own safety and health and the safety and health of others. These responsibilities include:
- Following safety instructions.
- Using and looking after protective equipment as instructed.
- Informing the employer of hazards.
- Cooperating with the employer on safety and health matters.
Employers and self-employed persons
Employers and self-employed persons have a responsibility to take reasonable care to ensure their own safety and health at work. They must also ensure, as far as practicable, that the safety and health of other people is not at risk through their actions or the actions of their employees.
Contractors
If you engage contractors or sub-contractors, for example shearers, you have the same responsibilities to them and their employees as if you were their employer.
This applies only to matters which are, or should be, under your control. Contractors and subcontractors also have responsibilities as employers to their employees.
Manufacturers
Where machinery is used in a workplace, those who design, manufacture, import, supply, erect or install the machinery must make sure that operators are not exposed to hazards when they are using the machinery properly.
Adequate information on safe use, safe maintenance and potential hazards must be provided when equipment is supplied and, later on, whenever requested.
Regulations
The Occupational Safety and Health Regulations For Agriculture apply to farming.
Hazardous substances
Occupational Safety and Health Regulations - Hazardous Substances - is relevant to chemicals used commonly on farms.
A person who manufactures, imports or supplies any substance for use at a workplace must ensure, as far as practicable, that adequate data about toxicity, safe use, handling, processing, storage, transportation and disposal of the substance is provided:
a) when the substance is supplied and
b) thereafter whenever requested.
This information should be available in the form of labels, a register of hazardous substances, safety assessments, monitoring reports and material safety data sheets.
Work buildings
Any person who manages or controls a workplace is required to make it safe. People must be able to work there and to enter and leave the workplace safely.
Architects, designers and builders of workplace buildings have responsibilities to make sure people who may work in these buildings are not exposed to hazards.
Consultation and cooperation
Cooperation and discussion are the keys to safety and health at work. Employers and employees must consult one another to resolve safety and health problems.
Where there are a number of employees at a workplace, they or the employer may ask for a safety and health representative to be elected. The election process must then begin.
The employer may establish a safety and health committee, or an employee can ask for one to be established.
Role of representatives and committees
The functions of a safety and health representative are to:
a) Inspect the workplace as agreed with the employer. (If the workplace has not been inspected in the preceding 30 days, it may be inspected at any time, after providing reasonable notice to the employer.)
b) Promptly investigate accidents, dangerous incidents or serious risk situations.
c) Keep up with current safety and health information.
d) Report hazards and potential hazards to the employer.
e) Refer matters to the safety and health committee.
f) Consult and co-operate with the employer on safety and health.
g) Liaise with employees on safety and health matters.
The functions of a safety and health committee are to:
a) Provide information to safety and health representatives.
b) Consult with representatives on intended changes to the workplace.
c) Enable representatives to perform duties and attend training.
Resolving issues
The Occupational Safety and Health Act says safety and health issues should be resolved through consultation between employers and employees or their elected safety and health representatives. Both parties should agree on procedures for resolving issues.
If all attempts to resolve a safety or health issue at the workplace fail, an inspector from OSHA can be called.
Refusal to work in an unsafe situation
Employees may refuse to do work which they believe would expose them or others to the risk of serious and imminent injury or illness. An employee refusing unsafe work must notify the employer and the safety and health representative if there is one. The employee must remain available to do reasonable alternative duties while the issue is addressed.
Discussion to resolve the problem must then take place. While the problem is being addressed an employee may be given reasonable alternative work, and he or she remains entitled to the same pay and other benefits.
Accidents
Work accidents which result in certain kinds of injuries or cause an employee to be absent must be reported. Failure to do so is an offence. Certain work-related diseases must also be reported.
Copies of this information may be freely printed and distributed provided that WorkSafe Western Australia receives appropriate acknowledgement, and that no substantial changes are made to the text.
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