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How can Occupational Health and Safety policies affect me at work?
Absolutely. So, as a person with a disability, how can Occupational Health and Safety policies
affect me at work?
Occupational Health and Safety policies affect everybody at work. And I think that's the
most important distinction to draw out. As an employee, you have a responsibility under
Occupational Health and Safety law. So you must act responsibly, you must take care of
yourself and of others, and cooperate with your employer in any matters of health and
safety.
But this applies to all workers, whether they have a disability or not. If you don't do
some of these things, you could actually be disciplined by your employer, under your conditions
of employment. You could be prosecuted under the Occupational Health and Safety laws in
your state or territory. Under the Commonwealth Disability Discrimination Act, your ability
to work safely is an inherent requirement of any job.
So if your disability could reasonably be seen to cause a health and safety risk for
other people at work, then failing to disclose that risk could be a breech of your obligations
under Occupational Health and Safety legislation.
Employers have a huge obligation as well. They're required to provide a safe and healthy
workplace to protect employees against potential health and safety risks, and that includes
things like bullying.
Your employer would have a responsibility to ensure that all employees are covered by
workers' compensation insurance. And in the event of any injury, they must assist an injured
person to return back to work safely.
For more information, visit the Youth Disability Rights Hub at www.youthdisabilityrights.org.au.