OHS Legal Compliance Procedure

Last updated: 20 July 2018

Procedure1. Purpose:

The purpose of this procedure is to ensure that all legal and other regulatory requirements that are directly applicable to the Occupational Health and Safety (OHS) activities, products and ser-vices of the Department of Education and Training (Department) are identified and are access-ible to all employees, contractors, visitors and volunteers.

2. Scope:

This procedure applies to all Department schools and central and regional offices.

3. Procedure

The Secretary has overall responsibility for ensuring Legislative Compliance of the Department.

3.1 Identification and monitoring of legal and other requirementsThe Department’s Employee Safety and Wellbeing Unit (ESWU) is responsible for the identification and monitoring of all health and safety legislation, codes of practice, compliance codes, applicable standards and any other requirements relevant to the operations in Department workplaces. This is to be conducted by reviewing and monitoring the relevant legislation sources which include:

WorkSafe Victoria Victorian Legislation and Parliamentary Victoria Australian Standards online OHS Alerts

The ESWU is responsible for including all identified legislation and other requirements on the OHS Legislation Register and all relevant policies, procedures and documentation under the Occupational Health and Safety Management System (OHSMS).

3.2 Updating the OHSMS with new and changed legislation

The ESWU is responsible for updating and maintaining policies, procedures and documentation under the OHSMS when relevant changes to legislation and other requirements occur. This includes making recommendations for review and amendment, as applicable.

The OHS Legislation Register is to be updated by the ESWU when new legislation is introduced, or changes to legislation are made.

3.3 Implementing the OHSMS and legal requirements

The Workplace Manager is responsible for establishing and maintaining the OHSMS within their workplace, as outlined in the OHS Responsibilities Procedure and OHS Management System Audit Procedure.

OHS Legal Compliance Procedure Page | 1

3.4 Communication of legal and other requirements

The ESWU is responsible for communicating to Department workplaces on identified legislation and other requirements, new legislation and changes to legislation. Communication can occur through any of the following means:

Corporate Mail School Update Health and Safety Hazard and Information Alerts

All legal and other requirements will be made accessible to all employees via the Procedures within the OHSMS on the Health, Safety and Workers’ Compensation website.

3.5 Legal advice

The ESWU will engage the services of the Department’s Legal Division for advice in respect to OHS legislation and other identified requirements, as required.

3.6 Compliance reviews

The ESWU is responsible for ensuring that OHS legislative compliance reviews occur:

biennially through review of the Department’s OHSMS documentation periodically through OHSMS evaluations when new activities/operations are introduced into the workplace; when any OHS compliance gap is identified.

4. Defined terms and roles

Terms within this Procedure can be located on the Defined Health and Safety Terms website. Defined roles will appear in bold.

5. References

Occupational Health and Safety Act 2004Occupational Health and Safety Regulations 2017

6. Related Documentation:

Health, Safety and Wellbeing PolicyOHS Consultation and Communication ProcedureOHS Responsibilities Procedure OHS Legislation RegisterOHS Management System Audit Procedure

7. Further assistance

Further information, advice or assistance on any matters related to OHS legislation is available by contacting the OHS Advisory Service on ph. 1300 074 715 or email safety@edumail.vic.gov.au.

OHS Legal Compliance Procedure Page | 2