Occupational Health and Safety (Maritime Industry) Act 1993

• Provide a safe working environment, safe plant (machinery/tools), and safe systems of work
• Develop a health and safety policy in consultation with unions and employees
• Monitor workers' health, keep records, and provide first aid services
• Consult with health and safety representatives before making workplace changes
• Allow representatives time off (with full pay) to do their safety role

Employees must:

• Not create or increase risks to themselves or others
• Use safety equipment provided to them
• Cooperate with the operator to meet safety obligations

Manufacturers and suppliers must:

• Ensure equipment and substances are safe when properly used
• Provide adequate safety information to operators
• Conduct necessary testing and research

Worker representation system

The Act creates a structured system for worker involvement in safety:

1. Designated work groups — groups of employees grouped together for safety representation purposes, established by negotiation between the operator and unions
2. Health and safety representatives (HSRs) — elected by their work group, they can inspect workplaces, investigate complaints, access safety information, and issue formal notices
3. Health and safety committees — formal committees (including management and worker reps) that meet at least every 3 months to develop and review safety measures

Enforcement tools

• Provisional improvement notices — issued by an HSR when they believe a safety breach is occurring or likely
• Improvement notices — issued by an inspector requiring action within a set timeframe
• Prohibition notices — issued by an inspector to immediately stop an activity posing a serious risk
• Inspectors (appointed through the Australian Maritime Safety Authority) can board ships, search workplaces, seize equipment, require answers to questions, and direct that areas not be disturbed

Penalties

• Operators face fines up to 1,000 penalty units (currently ~$313,000) for major safety failures
• Manufacturers/suppliers face up to 200 penalty units (~$62,600)
• Employees face up to 50 penalty units (~$15,650)
• Failing to comply with inspector requests can mean 6 months imprisonment

Appeals

Parties can appeal inspector decisions to the Fair Work Commission (called the 'reviewing authority'). Appeals on improvement notices automatically suspend the notice until resolved.

Geographic reach

The Act applies beyond Australia — including international waters — wherever covered ships operate.

Why does it matter?

This law is the primary safety framework protecting Australia's maritime workforce. It gives workers real power to raise safety concerns, ensures operators can't simply ignore risks, and creates a chain of enforcement from worker reps all the way to government inspectors.