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Department of Justice and Community Safety

GENERAL INFORMATION

ACT WorkCover is the government agency responsible for the administration of the Occupational Health and Safety Act 1989 , Dangerous Substances Act 2004, Scaffolding and Lifts Act 1912, and Machinery Act 1949.

Under the Occupational Health and Safety Act 1989 (the Act) employers, persons in control of a workplace, employees, self-employed, manufacturers, suppliers, and repairers and installers have duties and responsibilities which minimise the risk of injuries at or near workplaces. The Dangerous Substances Act 2004 aims to ensure public safety in relation to matters involving dangerous goods including fireworks and explosives, as well as other hazardous substances.

The ACT also has Industrial Manslaughter legislation as part of the Crimes Act 1900. For further information and frequently asked questions click here.

The ACT Occupational Health and Safety Council has conducted a review of the Scope and Structure of the OHS Act. The full report is now available.

Who does the OHS Act apply to?

The Act applies to all workplaces in the Australian Capital Territory other than those in Commonwealth employment. It therefore covers all employers and employees in the private sector and in the ACT Public Service. It also covers self-employed persons, third parties, manufacturers and suppliers of plant and substances.

Employer Obligations

Information about employer obligations under the Act is outlined in

Inspectors

Inspectors are appointed under the Act to ensure compliance with the legislation. They provide a wide range of advice and support to workplaces and the general public regarding information and resources for improving workplace health and safety. If you have an occupational health and safety inquiry, hazard or issue to manage, you are welcome to contact WorkCover.

Inspectors also investigate employee complaints, undertake investigations in relation to prosecutions, workplace accidents and dangerous incidents.

Compliance tools include:

  • Compliance Agreement
  • Improvement Notices
  • Prohibition Notices
  • Infringement Notices (See Information Bulletin 02.11)
  • Enforceable Undertakings
  • Injunctions
  • Prosecution