The proposed Occupational Health and Safety (OHS) Amendment Bill introduces crucial requirements for those involved in the design, manufacturing, importing, selling, leasing, or supplying of articles for use in the workplace. Section 10 of the Bill specifically outlines the responsibilities of these parties to ensure the safety and health of workers who will use these articles. This section mandates that any article supplied for work must be safe and accompanied by clear instructions, including precautionary measures to prevent risks to occupational health and safety​.

Key Responsibilities Under Section 10

  1. Ensuring Safety of Articles:
    • All articles provided for workplace use must be inherently safe and should not pose any risk to the health and safety of workers. This requirement extends to every stage of the product lifecycle, from design and manufacturing to distribution and use.
    • The safety of the article must be considered under normal conditions as well as under foreseeable misuse. This means that potential hazards must be identified, and measures must be taken to eliminate or mitigate these risks before the article reaches the workplace.
  2. Providing Comprehensive Instructions:
    • The articles must be accompanied by detailed instructions for safe use. These instructions should clearly outline how to operate or handle the article safely, including any necessary precautions that must be taken to avoid risks.
    • The instructions should be easy to understand and accessible to all workers who will use the article. This may include providing information in multiple languages or using diagrams to illustrate safety procedures.

Implications for Designers, Manufacturers, and Suppliers

  • Compliance and Liability: Failure to comply with these requirements can lead to significant legal consequences. If an article is found to be unsafe and causes harm, the responsible party (designer, manufacturer, importer, etc.) may face legal action, fines, or other penalties.
  • Product Stewardship: Companies must take a proactive approach to product stewardship. This involves not only ensuring compliance with the law but also considering the long-term safety and environmental impacts of their products.
  • Collaboration with Employers: It’s essential for suppliers to work closely with employers to understand the specific risks and requirements of the workplace where the article will be used. This collaboration can help in designing safer products and providing more relevant safety information.

Practical Steps for Compliance

  • Risk Assessment in Design: Incorporate risk assessment early in the design phase to identify potential hazards and eliminate them before production.
  • Clear Labeling and Documentation: Ensure that all products are clearly labeled with safety warnings and are accompanied by comprehensive user manuals that detail safe usage practices and necessary precautions.
  • Ongoing Review and Feedback: Regularly review and update safety information based on feedback from users and any incidents that may occur.

Conclusion

Section 10 of the proposed OHS Amendment Bill places a significant responsibility on those who design, manufacture, import, sell, lease, or supply articles for workplace use. By ensuring that these articles are safe and providing clear instructions for their use, these parties play a crucial role in protecting workers from harm. Adhering to these requirements not only ensures compliance with the law but also contributes to a safer and more productive work environment.