Must an employer in Australia appoint a safety professional or an occupational physician?

No, not as a fixed appointment. The model Work Health and Safety (WHS) laws set no workforce size at which a safety professional or occupational physician must be appointed, and nor does Victoria. Victoria's Occupational Health and Safety Act 2004 does, however, require employers to employ or engage suitably qualified people to give OHS advice, so far as is reasonably practicable (section 22(2)(b)). Elsewhere the duty is to manage risks effectively, using competent people where the work needs them.

Short answer

• No headcount threshold triggers a mandatory safety officer or company doctor, unlike Türkiye or several EU states.
• Victoria: the employer must employ or engage suitably qualified OHS advisers so far as is reasonably practicable (OHS Act 2004, section 22(2)(b)); an external adviser can meet this.
• The person conducting a business or undertaking (PCBU) must have the knowledge and resources to meet its duties; officers must verify this through due diligence.
• Specific regulations call for a competent person (for example a confined space risk assessment), licensed workers (high risk work, asbestos removal) or trained first aiders.
• Required health monitoring must be done by or under the supervision of a registered medical practitioner with experience in health monitoring, chosen in consultation with the worker.
• Mining and petroleum laws in some states prescribe statutory positions; check the mining regulator.

Why there is no appointment rule

The model WHS Act is performance-based. Section 19 makes the PCBU responsible for safe work, safe plant, safe systems of work and the information, training and supervision needed, all "so far as is reasonably practicable". The law describes the result, not the staff who must deliver it. Section 27 then requires officers (directors and senior managers) to take reasonable steps to keep up-to-date WHS knowledge, understand the hazards of the operation, and ensure and verify that resources and processes are in place. In a larger or high-hazard business, meeting these duties in practice usually means employing or contracting qualified WHS advisers and occupational health providers, but that is a means, not a legal appointment.

Where the regulations name specific people

Health monitoring reports must be kept as confidential records for at least 30 years (40 years for asbestos) and not disclosed without the worker's written consent, except as the regulations allow (regulations 378, 418 and 444). The PCBU pays for the monitoring and receives a report that may recommend remedial measures, including whether the worker can continue the work (regulation 374); the medical judgement belongs to the practitioner.

Comparison with the EU and Türkiye

Under the EU Framework Directive 89/391/EEC the employer must designate competent workers or use competent external services for protection and prevention. Türkiye goes further: Article 6 of Law No. 6331 requires the employer to assign an occupational safety specialist (iş güvenliği uzmanı) and an occupational physician (işyeri hekimi), plus other health staff in very hazardous workplaces with 10 or more workers, or to buy these services from a joint health and safety unit; a qualified employer may in some cases provide them himself. The minimum service time depends on hazard class and headcount. Victoria sits in between, with a general duty to obtain qualified OHS advice but no fixed hours. An Australian subsidiary of a Turkish or EU group therefore needs a different model: competence and resources sized to the risk, documented by officers' due diligence.

Related on excodex

• Occupational safety and health in Australia: law, authorities and employer duties
• Are pre-employment and periodic medical examinations required for workers in Australia?
• What OSH training must employers provide to workers in Australia?
• OSH law comparison: appointments and reporting deadlines

Standards and further reading

• Work Health and Safety Act 2011 (Cth), sections 19, 27 and 50 to 61: https://www.legislation.gov.au/C2011A00137/latest/text
• Work Health and Safety Regulations 2011 (Cth), regulations 42, 66, 81, 368 to 378, 408, 418, 437 and 444: https://www.legislation.gov.au/F2011L02664/latest/text
• Occupational Health and Safety Act 2004 (Vic), section 22: https://www.legislation.vic.gov.au/in-force/acts/occupational-health-and-safety-act-2004

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.