The Cocos (Keeling) Islands (CKI), an external Australian territory, have a robust health and safety framework largely derived from Australian and Western Australian legislation. The Australian Department of Infrastructure, Transport, Regional Development and Communications holds primary responsibility for administering CKI, including oversight of health and safety legislation. WorkSafe Western Australia provides guidance on health and safety, while the Cocos (Keeling) Islands Shire Council enforces local regulations and bylaws that may impact health and safety within the community.

Key Regulatory Bodies

• Australian Department of Infrastructure, Transport, Regional Development and Communications: Administers CKI, including oversight of health and safety legislation.
• WorkSafe Western Australia: Provides guidance on health and safety.
• Cocos (Keeling) Islands Shire Council: Enforces local regulations and bylaws impacting health and safety.

Principal Health and Safety Legislation

The core foundation of the health and safety framework in the Cocos (Keeling) Islands is established by the following laws:

• Work Health and Safety Act 2020 (CKI): A comprehensive law outlining duties of employers, workers, and other parties to maintain safe work environments.
• Dangerous Goods Safety Act 2004 (CKI): Addresses the management and handling of dangerous goods to reduce risks to people and the environment.
• Medicines, Poisons and Therapeutic Goods Act 2018 (CKI): Regulates the supply, possession, and use of medication, poisons, and therapeutic goods.
• Food Act 2008 (CKI): Ensures food safety and handling standards.

Key Areas of Regulation

Workplace Health and Safety

The Work Health and Safety Act 2020 (CKI) governs workplaces in the Cocos (Keeling) Islands, imposing obligations on employers, workers, and other parties.

Incident Reporting and Investigation

Employers must notify WorkSafe Western Australia of any serious workplace incidents, deaths, or illnesses. Authorities may conduct investigations to determine causes and compliance with the law.

Hazard Identification and Risk Management

Employers are required to proactively identify and mitigate hazards in the workplace. This includes conducting risk assessments and implementing suitable control measures.

Consultation and Worker Participation

The Work Health and Safety Act 2020 (CKI) mandates worker consultation and participation in health and safety decisions. Employers must establish mechanisms for communication and input on safety-related matters.

Specific High-Risk Industries

Additional regulations may apply to high-risk industries such as construction and maritime.

Additional Considerations

• Public Health: Laws like the Food Act 2008 (CKI) promote public health through controls over food safety.
• Environmental Protection: Legislation may address environmental safety in relation to pollution, waste management, or hazardous materials.
• Local Bylaws: The Cocos (Keeling) Islands Shire Council may establish bylaws dealing with health and safety within the community.

Staying Informed

It's essential for employers, businesses, and individuals in the Cocos (Keeling) Islands to stay updated on evolving health and safety laws and regulations. Key resources include the Department of Infrastructure, Transport, Regional Development and Communications (Australian Government), WorkSafe Western Australia, and the Cocos (Keeling) Islands Shire Council.

Occupational health and safety (OHS) standards in the Cocos (Keeling) Islands mirror those of Western Australia due to CKI's status as an Australian territory. The primary legislation, the Work Health and Safety Act 2020 (CKI), mandates a core set of standards. Employers are required to provide a safe work environment, provide information, training, and supervision, and consult with workers.

Hazard Identification and Risk Assessment

Employers must systematically identify workplace hazards and evaluate their associated risks. Risk assessments should consider the likelihood and severity of potential harm. Control measures must follow the hierarchy of controls, prioritizing elimination, substitution, engineering, and administrative controls over personal protective equipment (PPE).

Safe Work Procedures

Procedures should detail the steps for carrying out work safely, identify hazards, and specify necessary control measures.

Manual Handling

Employers must minimize risks from manual handling tasks such as lifting, carrying, pushing, and pulling. They should implement risk assessments, provide mechanical aids, use proper lifting techniques, and train workers.

Personal Protective Equipment (PPE)

When other controls aren't sufficient, PPE must be provided and used. PPE should be suitable for the hazard, correctly fitted, and maintained. Workers must receive training on how to use and care for their PPE.

Emergency Preparedness and Response

Employers must plan for potential emergencies like fires, spills, or injuries. They should maintain emergency equipment, first aid supplies, and train personnel in emergency procedures.

Workplace Amenities and Facilities

Employers must provide suitable amenities like toilets, hand-washing facilities, and drinking water. The workplace must maintain adequate ventilation, lighting, and housekeeping.

Industry-Specific Standards

Some high-risk industries have additional, more stringent OHS standards. These might include construction, with standards for height safety, fall protection, scaffolding, and electrical safety, and maritime, with regulations concerning safety at sea, vessel operation, and crew safety.

Monitoring and Review

Employers must regularly monitor workplace safety, review practices, and update risk assessments to ensure their effectiveness. They should also review procedures for reporting and investigating incidents to identify any root causes and implement corrective actions.

Staying Informed

Businesses and employers in CKI should proactively stay current with OHS developments by consulting sources like the Department of Infrastructure, Transport, Regional Development and Communications (Australian Government) and WorkSafe Western Australia.

Workplace inspections play a crucial role in maintaining a safe and healthy work environment. They help in proactive hazard identification, compliance verification, and reinforcing a safety culture. Regular inspections demonstrate a commitment to safety and encourage a safety-conscious mindset among workers.

Who Conducts Inspections

Inspections can be conducted by various entities. WorkSafe Western Australia, the primary regulatory body, may conduct inspections, particularly in high-risk workplaces, in response to complaints, or after serious incidents. Employers and safety representatives should undertake regular internal inspections as part of their risk management. Businesses may also engage independent auditors for comprehensive safety audits.

Inspection Criteria

Inspections typically examine compliance with specific regulations, risk management systems, work practices, the physical work environment, and consultation and communication mechanisms. They assess adherence to industry-relevant standards, evaluate if risk assessments are conducted, control measures implemented, and procedures up-to-date, and verify mechanisms for worker participation in OHS matters.

Inspection Frequency

The frequency of inspections can vary. High-risk workplaces warrant more frequent inspections. Regular internal inspections are recommended for standard workplaces, with potential for external audits by WorkSafe WA. Follow-up inspections are crucial after incidents to investigate causes and evaluate corrective measures.

Inspection Procedures

The inspection process involves planning and notification, a workplace walkthrough, worker and management interviews, report generation, corrective actions, and review. Employers must address identified issues with a timeline and track completion. Trends from inspection reports are analyzed to identify systemic issues and improve OHS performance.

Follow-Up Actions

Employers have a legal duty to rectify violations within a specified timeframe. Depending on the severity of non-compliance, WorkSafe WA may issue improvement notices, infringement notices, or pursue legal action.

In the Cocos (Keeling) Islands, which operate under Australian law and regulations, there are specific protocols for dealing with workplace accidents.

Reporting Requirements

Employers are required to immediately notify Safe Work Australia of any notifiable incidents occurring in their workplace. These incidents include a death, a serious injury or illness, or a dangerous incident. Additionally, employers must maintain a register of all workplace injuries and illnesses, regardless of their severity. This register is crucial for investigations and potential compensation claims.

Investigation Processes

Employers bear the primary responsibility for investigating workplace accidents. The objectives of such an investigation include identifying the root cause(s) of the accident, implementing corrective actions to prevent recurrence, and determining if any breaches of safety regulations occurred. Safe Work Australia may become involved in the investigation process, especially in cases of serious injury, death, or if there's suspicion of severe breaches of safety regulations.

Compensation Claims

The Cocos (Keeling) Islands operates a workers' compensation scheme designed to provide financial support and rehabilitation services to workers injured in work-related accidents. Injured workers may be eligible for compensation benefits including medical and rehabilitation expenses, income replacement, and lump-sum payments for permanent impairment. Workers must lodge a claim with their employer's workers' compensation insurer. Disputes may be resolved through mediation or the relevant workers' compensation tribunal.