Occupational Safety and Health and Environmental Legislation
OSH duties
The Occupational Safety and Health Act 1994, as substantially amended by the Occupational Safety and Health (Amendment) Act 2022 in force from 1 June 2024, imposes a general duty on employers to ensure, so far as is practicable, the safety, health and welfare of employees and others affected by the work. Employees must take reasonable care and cooperate. Principals and contractors must manage construction risks, and designers must consider construction safety. Key tools are HIRARC, safe work method statements, permit-to-work, toolbox talks and accident notification.
Environmental duties
The Environmental Quality Act 1974 controls pollution, scheduled wastes, open burning and prescribed activities. An Environmental Impact Assessment is required for activities listed in the EIA Order 1987 before approval; earthworks, quarries, coastal reclamation and large developments commonly trigger it. The Department of Environment enforces licences and conditions. The polluter pays principle and environmental management plans apply on site.
Worked example
A project requires a six-metre excavation beside a public road. Hazards include collapse, falling plant, dust, noise and traffic. Controls include design by a competent person, shoring, edge protection, traffic management, dust suppression, noise monitoring and an emergency plan. If the site discharges silt-laden water to a drain, an EQA licence or condition may be breached; the engineer should require a silt trap and report the discharge.
Traps
- Treating OSH as only the safety officer's job.
- Reading practicable as cheap and convenient.
- Starting prescribed works before EIA approval.
- Ignoring scheduled waste manifests.
- Overlooking the 2022 amendments and their wider workplace coverage.