Workers Compensation laws in New South Wales

Workers Compensation laws in New South Wales

In New South Wales, there are a number of pieces of legislation which govern the operations of the workplace compensation system. The major pieces of legislation which apply in this are theExplosives Act 2003, theOccupational Health and Safety Act 2000, theRural Workers Accommodation Act 1969, theSporting Injuries Insurance Act 1978, the Workers Compensation Act 1987, theWorkplace Injury Management and Workers Compensation Act 1998, theWorkers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 and theWorkers' Compensation (Dust Diseases) Act 1942.

The two major types of obligations in relation to these pieces of legislation are for employers and employees. As an employer you must ensure the health, safety and welfare at work of all employees (section 8(1) of the NSW Occupational Health and Safety Act 2000). Employers need to provide safe premises, safe machinery and substances, safe systems of work as well as information, instruction, training and supervision for workers and suitable working environment and facilities.

Employers are also responsible for the health and safety of others in your workplace, such as visitors and customers. Directors and managers hold the same responsibilities as an employer for the areas that are under your control or influence. Employers need to consult with workers, so they can contribute to decisions affecting their health, safety and welfare at work. The second major type of obligation is for workers. As a worker or employee there is a right to work in a safe and healthy workplace, but, in return a worker must take reasonable care for the health and safety of others in the workplace, cooperate with an employer to ensure safety, tell a supervisor or OHS representative about hazards, wear or using safety equipment supplied, carry out work in a safe manner, follow health and safety instructions,use and maintain machinery and equipment properly, take notice of signs, adhere to speed limits and participate in safety training.

An employer must not charge for training courses that your employer deems necessary for working safely, personal protective equipment, equipment that is required to do the job safely. An employer must ensure that employees do not lose pay or time if they are working as an OHS representative or on an OHS committee. Employees are protected by the Occupational Health & Safety Act 2000 from dismissal or demotion if you raise any health and safety issues. This is a summary of the obligations in relation to workers compensation law in New South Wales and how it applies to most small businesses. If you would like more information about any aspect of these laws, you can contact the author below.

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