Full description Background
Summary of State Regulation of Labour
State regulation of labour has had two principal strands: the physical (workplace health and safety) and the non-physical (see industrial relations).
The regulation of workplace health and safety dates back to the Supervision of Workrooms and Factories Act 1873, subsequently replaced by provisions in the Factories and Shops Act 1885. The Minister of Labour assumed responsibility for workplace health and safety in 1900 from the Chief Secretary (VRG 26) although the agency administering the function was the Chief Secretary's Department (VA 475) until 1916.
Over time the function has evolved, encompassing related functions which had quite separate administrative histories but which were subsequently assumed within the Labour and Industry portfolio. These functions include the inspection of boilers which was transferred from the Minister of Mines (VRG 30) in 1962 and occupational health services which was transferred from the Minister of Health (VRG 39) in 1984. The regulation of dangerous goods was also assumed within the Labour and Industry portfolio in 1984 but has been registered as a separate function.
The dangers involved in the operation of certain machinery or equipment such as engines, boilers and scaffolding were recognised in various Acts including the Factories and Shops Act, Boilers Inspection Act, Boilers and Pressure Vessels Act and the Scaffolding Act. These Acts established Boards of Examiners with responsibility for examining and certifying engine drivers, boiler attendants, welders of boilers and pressure vessels and scaffolders. Inspectors of boilers and scaffolding were also subject to examination and certification by these Boards. The Minister of Mines (VRG 30) and the Minister of Local Government (VRG 57) had responsibility for these functions prior to their transfer to the Minister of Labour and Industry in the 1960's and 1970's.
Prior to the Industrial Safety Health and Welfare Act 1981 the substantive legislative basis for workplace health and safety were the provisions of the Labour and Industry Act which had replaced the Factories and Shops Act. Provisions with respect to specific technical workplace safety matters were also administered pursuant to the Lifts Regulation Act (later Lifts and Cranes Act), the Boilers and Pressure Vessels Act and the Scaffolding Act.
The shift in focus of workplace health and safety from industry and commercial enterprises to all workplaces occurred in 1985 with the introduction of the Occupational Health and Safety Act 1985. This Act consolidated many provisions relating to workplace health and safety. The Occupational Health and Safety Act 1985 was introduced as part of the legislation establishing the WorkCare workers compensation scheme. Although the regulation of workplace health and safety became notionally linked with the workers compensation function through WorkCare, the functions continued to be administered separately. The Dangerous Goods Act 1985 which was also passed at this time consolidated provisions relating to the regulation of dangerous goods.
At the agency level administrative responsibility for the enforcement of workplace health and safety passed from the Chief Secretary's Department (VA 475) to the Department of Labour I (VA 2874) in 1916, to the Department of Labour and Industry (VA 1027) in 1954, to the Ministry of Employment and Training (VA 704) in 1984 and to the Department of Labour II (VA 2777) in 1985.
The development and promotion of workplace health and safety standards has been overseen since the 1960's by a succession of statutory bodies namely the Industrial Safety Advisory Council, the Industrial Safety Health and Welfare Advisory Council (VA 1371) and the Occupational Health and Safety Commission (VA 1647).
Since 1992 the development and promotion of standards and the implementation and enforcement of those standards have been the responsibility of a single agency, the Occupational Health and Safety Authority of the Department of Business and Employment (VA 3096).
Workplace Health and Safety
The earliest attempt at regulating workplace health and safety in Victoria was made with the passing of the Supervision of Workrooms and Factories Act 1873 (37 Vic., No.466) which provided for the Central and local Boards of Health to inspect factories and to make regulations with respect to the number of persons employed in any one room as well as ventilation, cleanliness and sanitary requirements. The legislation was found to be inadequate by a Royal Commission on Employees in Shops, which reported in March 1884. The concerns investigated by the Commission mostly all related to the health, safety and welfare of employees in industry. The specific areas focussed on were:
the suitability of premises as factories (noting a lack of cleanliness, insufficient sanitation, poor ventilation and overcrowding)
the hours of employment
the employment of women and young persons
the ratio of apprentices to trained employees
intervals for meals
precautions against machinery accidents
the "sweating" system (ie. employees working in homes).
The Factories and Shops Act 1885 (49 Vic., No.862), which became operative in March 1886, provided for:
standards of sanitary and employment conditions including cleanliness, ventilation and provision of meal breaks
guarding of machinery and equipment and notification of accidents causing death or injury.
The provisions of this Act applied to metropolitan areas only and were enforced through the registration and inspection of factories - see factory registration and industrial compliance.
A Factories Office was established within the Chief Secretary's Department (VA 475) to ensure the operation of the Act. The Central Board of Health, also within the Chief Secretary's Department, was given responsibility for approving plans and particulars of new factories and workrooms as well as enforcing standards of sanitary conditions.
Other provisions subsequently introduced by amendments to the Factories and Shops Act included:
prohibition of overcrowding in shops
requirement for shops to have fire fighting equipment
prohibition of girls lifting heavy weights
requirement for first-aid appliances to be kept on premises.
The Department of Labour I (VA 2874) was established in 1916 and assumed responsibility for functions previously exercised by the Factories Office. The Labour and Industry Act 1953 replaced the provisions of the Factories and Shops Act with respect to workplace health and safety. The Department of Labour was renamed as the Department of Labour and Industry (VA 1027) in 1954.
By 1954 workplace health and safety encompassed the maintenance of standards prescribed under the Factories and Shops legislation with respect to the safety and suitability of buildings, the safe operation of machinery, the comfort of employees and other physical conditions (ensuring that they were free from hazard). It also encompassed notification of factory accidents, representation on safety standards committees, industrial safety training courses, promotion and publicity of industrial safety and the regulation of lifts.
The Industrial Safety Health and Welfare Act 1981 (No.9717) replaced the workplace health and safety provisions previously contained in the Labour and Industry Act 1958 with a more broadly based approach to industrial safety health and welfare. The legislation placed specific responsibilities and duties on the occupiers of workplaces, the manufacturers and installers of all equipment used in the workplace and the sellers and hirers of machinery. Provision was also made for the formation of safety committees and the election of safety representatives.
On 1 July 1984 the occupational health services function of the Health Commission (VA 652) was assumed into the broader workplace health and safety function undertaken by the Department of Labour and Industry(VA 1027). This function was combined with the dangerous goods function under the administration of the Ministry of Employment and Training (VA 704).
The Occupational Health and Safety Act 1985 (No.10190) came into force 1 October 1985. The Act applies to all workplaces in Victoria.
Further details about specific aspects of the workplace health and safety function are given below.
Building Standards
The Central Board of Health within the Chief Secretary's Department (VA 475) was initially responsible for approving plans and particulars of new factories and workrooms.
By arrangement with the State Building Directorate, the Department of Labour I (VA 2874) required production of plans and specifications in connection with the building of new factories or the extension of existing factories from May 1946. A departmental architect was appointed in September 1946 to carry out this activity.
Lifts and Cranes
The administration of the Lifts Regulation Act 1906, which came into force 1 March 1907, was entrusted to the Chief Inspector of Factories. Administration of this Act primarily involved the registration and inspection of lifts, issuing of orders to lift-owners to comply with safety regulations, and investigation of accidents occurring in connection with lifts.
The Lifts and Cranes Act 1959 introduced a system of regulation for the use of cranes including conveyors and hoists and other associated gear. It replaced the provisions of the Local Government Act 1958 with respect to the safe working of building cranes which had been administered within the Public Works portfolio (VRG 28) until 1958 and from 1958 to 1959 within the Local Government portfolio (VRG 57).
The Lifts and Cranes (Amendment) Act 1970 provided for the certification of riggers, crane drivers, crane chasers and dogmen; lift mechanics were already required to be licensed.
The registration of amusement structures was introduced pursuant to the Lifts and Cranes (Amusement Structures) Act 1978.
Boilers and Pressure Vessels
The function inspection of boilers transferred to the administration of the Minister of Labour and Industry on 25 November 1962. Historically, this function was a responsibility of the Minister of Mines (VRG 30).
The Department of Labour and Industry undertook the following with respect to boilers and pressure vessels:
regular inspections
checking and approval of designs prior to manufacture
surveillance during construction
testing and registering new vessels
certification of vessels prior to sale
monitoring change of ownership
receiving reports of mishaps.
The Boilers and Pressure Vessels Act 1970, effective from 1 January 1971, updated the legislation and made provisions for plans and specifications of vessels to be submitted to the Chief Inspector before manufacture. The Act also introduced an annual registration fee for owners of boilers and pressure vessels.
Scaffolding
The Scaffolding Act 1971 became operative from 1 August 1974 replacing provisions in the Local Government Act 1958 with respect to the safety of scaffolding which had been administered within the Local Government portfolio (VRG 57) and by Municipalities (VRG 12). From this time the inspection of scaffolding in the Municipal Districts of Melbourne, South Melbourne, Port Melbourne, St. Kilda, Richmond, Collingwood and Fitzroy were the responsibility of the Scaffolding Inspectorate of the Department of Labour and Industry. Responsibility for the i... truncated
Data time period: 1836 to 2013