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OHS regulation in the Australian maritime industry

The Occupational Health and Safety (Maritime Industry) Act 1993 (OHS(MI) Act) establishes a co-regulatory model for OHS regulation in the maritime industry.

The Seacare Authority has overall responsibility for administration of the OHS(MI) Act while the Australian Maritime Safety Authority (AMSA) has responsibility for performing the Inspectorate function under the OHS(MI) Act.

Some common functions for both Seacare and AMSA are:

  • to ensure, in accordance with the OHS(MI) Act and the regulations, that the obligations imposed on operators by or under the OHS(MI) Act and regulations are complied with; and
  • to advise operators, employers or contractors either on its own initiative or on being asked, on occupational health and safety matters.

Some separate functions are:

Seacare:

  • to collect, interpret and report information relating to OHS;
  • to formulate policies and strategies relating to the occupational health and safety of employees;
  • to advise the Minister on the most effective means of giving effect to the OHS(MI) Act, the making of regulations and the approval of codes of practice;
  • to accredit OHS training courses for the purposes of s47 of the OHS(MI) Act; and
  • to prepare and publish an annual report on the operation of the OHS(MI) Act and the regulations after each financial year.

AMSA:

  • provide information to the Authority as requested;
  • to undertake investigations and other compliance functions; and
  • to receive and respond to OHS Incident Alerts and Incident Reports.