The Occupational Safety, Health and Welfare Act 1986 provides for the safety, health and welfare of persons employed or engaged in industry. That law provides that every employer must take all reasonable precautions to ensure the health and safety of the workers employed in the industry or on the premises. This means that not only should a safe system of work be used, but also general conditions and standards which affect ordinary health must be observed.

The Occupational Health, Safety and Welfare Advisory Committee is established under the Act to formulate and recommend policies to the Minister for the prevention of work injuries or the safety, health or welfare of workers in any industry.

The Act gives employees the right to elect workers' health and safety representative [Occupational Safety, Health and Welfare Act 1986 s 27]. The employer must allow the representatives to meet as a committee whose function relating to occupation health, safety and welfare is to:

Representatives have extensive powers where a breach of the legislation exists to require the situation to be remedied [Occupational Safety, Health and Welfare Act 1986 s 35].

Industrial safety inspectors have broad powers of investigation under the Act. These powers include entering and inspecting premises, taking copies of any papers or documents which may disclose breaches of the Act, and requiring any person to answer any questions [Occupational Safety, Health and Welfare Act 1986 s 38].

Where an inspector believes that any situation exists which may cause an injury to an employee, or may be detrimental to any person's health or safety, the inspector can issue a notice telling the employer to remedy the situation [Occupational Safety, Health and Welfare Act 1986 ss 39,40]. It is an offence not to comply with any direction by an inspector, unless a successful appeal has been made to the Industrial Court against the inspector's notice.

Numerous safety codes exist in regulations made under this Act. These provide for specific safety measures in industrial premises, building and construction sites and commercial premises. Breaches of safety requirements by employers can lead to prosecution and substantial fines.

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (Cth) covers employees of Commonwealth departments and authorities. The Commonwealth Act is very similar to the State Act. It places an obligation on the employer to protect and promote the safety of employees. As with the State Act, in each work place employees must have representatives who form a health and safety committee. Comcare appoints investigators who have extensive powers and can issue a prohibition notice, with reasons, ordering an employer to remove an immediate threat to health and safety. They may also issue an Improvement Notice indicating action that the investigator believes is required.

In contrast to the State Act, anyone who breaches the Commonwealth Act cannot be prosecuted for that breach (unless they are a government business enterprise or an employee of such). Instead disciplinary action may be taken. A government business enterprise may be fined up to:

In addition, an employee of a Government authority may be fined up to $5000 for breaching his or her duty of care. Also manufacturers, suppliers, erectors and installers may be fined up to $20 000 for breaching their duty of care under the Act.