OHS Act Section 13: Duty to inform

Understanding the Employer's Duty

Unlike many other sections of the Act that focus on providing equipment or implementing safety measures, Section 13 focuses on communication.

The employer's responsibility is not merely to provide a safe workplace—it is also to ensure that employees understand:

• the hazards they may encounter;
• why those hazards exist;
• how injuries or illnesses could occur;
• what controls have been implemented to reduce the risks; and
• what actions employees must take to protect themselves and others.

Simply handing an employee a Safe Work Procedure or asking them to sign an induction register does not automatically satisfy the requirements of Section 13. Employers should ensure that information is communicated in a way that employees understand and can apply in their daily work.

Section 13(a) – Informing Employees About Workplace Hazards

What the Act Requires

Section 13(a) requires every employer, as far as is reasonably practicable, to ensure that every employee becomes familiar with:

• the hazards attached to the work they perform;
• the hazards associated with any machinery or plant they use;
• the hazards presented by articles or substances they produce, process, use, handle, store or transport; and
• the precautionary measures that must be taken to prevent injury or illness.

This is far more than simply telling employees to "be careful." The employer must actively educate employees about the risks of their work and the safe methods required to perform it.

What Does "Made Conversant" Mean?

The Act deliberately uses the phrase "made conversant."

This means employees should become sufficiently familiar with the hazards to understand:

• what the hazard is;
• where it exists;
• why it is dangerous;
• what could happen if controls fail;
• how to recognise warning signs; and
• how to work safely around the hazard.

The information should be practical and relevant to the employee's actual work activities.

Informing Employees About Work Activities

Every job carries its own hazards.

For example:

An electrician should understand the dangers associated with:

• electrical shock;
• arc flash;
• stored electrical energy;
• damaged cables;
• lock out/tag out procedures;
• live testing; and
• working near energised equipment.

A construction worker should understand:

• falls from height;
• collapsing excavations;
• falling objects;
• moving construction vehicles;
• manual handling injuries;
• unstable work platforms; and
• environmental conditions such as wind and rain.

The information provided should relate directly to the work the employee performs rather than general workplace safety alone.

Informing Employees About Machinery and Equipment

Employees must also understand the hazards associated with the machinery, equipment and plant they are required or permitted to use.

This includes:

• operating limitations;
• guarding requirements;
• emergency stop systems;
• lock out procedures;
• inspection requirements;
• maintenance reporting; and
• manufacturer operating instructions.

Workers should know not only how to operate equipment but also how equipment can cause serious injury if used incorrectly.

Informing Employees About Hazardous Substances

Where chemicals or hazardous substances are used, employees must understand:

• the health effects of exposure;
• safe handling procedures;
• correct storage requirements;
• required PPE;
• emergency spill procedures;
• first aid measures; and
• the information contained within Safety Data Sheets (SDS).

Employees handling hazardous substances cannot work safely if they do not understand the risks posed by those substances.

Informing Employees About Precautionary Measures

Knowing the hazard alone is not enough.

Employees must also understand the precautions required to control those hazards.

Examples include:

• isolation procedures;
• permit-to-work systems;
• machine guarding;
• fall protection systems;
• ventilation controls;
• safe lifting techniques;
• housekeeping requirements;
• emergency procedures; and
• correct PPE selection and use.

Employees should understand both what controls exist and why those controls must never be bypassed.

How Employers Can Meet Section 13(a)

Most organisations comply with this requirement through a combination of:

• Health and Safety Induction Training.
• Job-specific training.
• Risk Assessments.
• Method Statements.
• Safe Work Procedures.
• Toolbox Talks.
• Safety Data Sheet training.
• Manufacturer training.
• Refresher training.
• Supervisor coaching.

Training should not be viewed as a once-off event. As work activities, equipment or hazards change, employees should receive updated information to ensure they remain competent and informed.

Section 13(b) – Keeping Health and Safety Representatives Informed

Health and Safety Representatives play a vital role in promoting workplace safety and representing employees during health and safety matters.

To enable them to perform this function effectively, employers must notify the relevant Health and Safety Representatives before:

• inspections conducted by Department of Employment and Labour Inspectors;
• official investigations;
• formal inquiries; and
• applications for exemption submitted under Section 40 of the Act.

Providing advance notice allows representatives to prepare, accompany inspectors where appropriate, raise concerns affecting employees and participate meaningfully in the inspection or investigation process.

This promotes transparency and strengthens cooperation between employers and employees.

Section 13(c) – Informing Health and Safety Representatives of Workplace Incidents

Whenever an incident occurs within the workplace, the designated Health and Safety Representative must be informed as soon as reasonably practicable.

This ensures that the representative can:

• visit the scene;
• observe conditions before they change;
• participate in the investigation;
• identify unsafe conditions;
• recommend corrective actions;
• represent affected employees; and
• assist in preventing similar incidents from occurring again.

Prompt communication allows Health and Safety Representatives to fulfil the responsibilities assigned to them under the Act and contributes to more effective incident investigations.

Why Section 13 Is So Important

Many workplace incidents occur not because employees deliberately ignore safety rules, but because they were never adequately informed about the hazards they faced.

Employees who understand workplace risks are more likely to:

• identify unsafe conditions;
• follow established procedures;
• use PPE correctly;
• recognise developing hazards;
• stop unsafe work;
• report defects promptly; and
• protect both themselves and their colleagues.

Effective communication is therefore one of the most powerful accident prevention tools available to any employer.

Practical Workplace Example

A contractor is appointed to replace roof sheeting on a commercial building.

Before work begins, the employer conducts a detailed induction and task-specific briefing covering:

• fall hazards;
• fragile roof sections;
• weather limitations;
• rescue procedures;
• permit requirements;
• exclusion zones;
• correct use of fall protection equipment;
• emergency arrangements; and
• reporting procedures.

During the project, a Department of Employment and Labour Inspector schedules a site inspection. The employer informs the Health and Safety Representative beforehand, allowing them to participate during the inspection.

Later, when a worker suffers a minor fall that results in medical treatment, the employer immediately informs the designated Health and Safety Representative, who participates in the incident investigation and assists in identifying improvements to prevent a recurrence.

This demonstrates practical compliance with all three parts of Section 13.

Consequences of Failing to Comply

Failure to comply with Section 13 can result in employees being exposed to hazards they do not understand, leading to unsafe behaviour, poor decision-making and preventable incidents.

Common consequences include:

• increased workplace injuries;
• improper use of machinery or equipment;
• incorrect handling of hazardous substances;
• ineffective emergency responses;
• non-compliance with statutory duties;
• enforcement action by the Department of Employment and Labour; and
• potential prosecution where inadequate information or training contributes to an incident.

Related Legislation

Section 13 should be read together with several other important provisions of the Occupational Health and Safety Act and its regulations, including:

• Section 8 – General duties of employers to provide and maintain a safe working environment.
• Section 14 – Duties of employees to take reasonable care for their own health and safety.
• Sections 17–19 – Appointment and functions of Health and Safety Representatives and Health and Safety Committees.
• General Administrative Regulations – Requirements relating to Health and Safety Representatives, incident reporting and record keeping.
• Construction Regulations, 2014 – Require contractors to provide employees with suitable induction training, health and safety plans and task-specific information before construction work begins.
• Asbestos Abatement Regulations, 2020 – Require employers to provide employees with appropriate information, instruction and training where asbestos exposure may occur.

Section 13 makes it clear that providing a safe workplace also means providing the knowledge needed to work safely. Employers must ensure that employees understand the hazards associated with their work, the equipment they use and the substances they handle, together with the precautions required to control those risks. Equally important, Health and Safety Representatives must be kept informed of inspections, investigations, exemption applications and workplace incidents so that they can effectively fulfil their statutory responsibilities. By ensuring that information is communicated clearly, consistently and at the right time, employers foster a knowledgeable workforce, strengthen employee participation and create a safer working environment for everyone.