Environment protection principle 1: do no harm
This Good Practice
Note is for DFAT
staff, delivery
partners and
environment
specialists
involved in
delivering
Australia’s aid
program. It is one
of a series of notes
which explains the
principles of the
aid program’s
Environment
Protection Policy
and how they
should be
addressed. The
notes complement
the Operational
Procedures of the
Environment
Protection Policy.
This Good Practice
Note should be
read in conjunction
with the
Department of the
Environment
publication: Actions
on, or impacting
upon,
Commonwealth,
land and actions by
Commonwealth
agencies Significant
impact guidelines
1.2.
1.4 How to protect people’s health and
safety
1. What are the legal obligations?
The Work Health and Safety Act 2011 protects DFAT employees,
including:
•
DFAT staff members
•
Contractors or subcontractors
•
Employees of a contractor or subcontractor
•
Employees of a labour hire company who have been assigned to
work in the person’s business or undertaking
•
Outworkers
•
Apprentices or trainees
Students gaining work experience; and
•
Volunteers.
The Act also protects other persons – including people and communities
who could be affected by aid activities.
Under the Work Health and Safety Act 2011, DFAT owes a duty of care to
ensure the health and safety of all workers and other people who could be
affected by an aid activity so far as is reasonably practicable.
Responsibilities and due diligence for health and safety risk management
are set out in DFAT’s Work Health and Safety Policy, 2011.
The health and safety of people in places where aid activities are carried
out are also protected by local laws (where relevant) and under the
Environment Protection and Biodiversity Conservation Act 1999 (EPBC
Act).
The EPBC Act protects people, their environmental assets (biodiversity,
ecosystems and natural resources) and natural and cultural heritage from
harm that could result from an aid activity.
Environment protection principle 1: do no harm
2. What you must do
To comply with the Work Health and Safety Act, staff must follow the relevant
guidance provided for meeting the requirements of the Work Health and Safety
Policy.
To comply with the EPBC Act, the risks of aid activity must be assessed and
managed, including risks to people’s health and safety.
3. What good practice looks like
In addition to guidance provided by DFAT on the Work Health and Safety Act 2011,
the following steps will also help to meet EPBC requirements and good practice:
•
Assess and manage environmental risks to people at all stages of the activity
•
Establish preventative and protective measures where it is not feasible to eliminate a
risk
•
Consult early and disclose information to affected communities about the risks and
involve them in decision-making regarding mitigation measures
•
Incorporate health and safety measures in the environmental management plans,
monitoring and reporting frameworks of all medium- to high-risk activity, as
assessed through screening
•
Consult with local emergency response agencies to develop emergency response
plans.
4. Penalties could apply if workers or people are harmed
If an aid activity harms people, penalties could include:
•
Penalties under local law as relevant
•
Penalties under the Work Health and Safety Act 2011
•
An injunction under the EPBC Act
•
Contract penalties for failure to fulfil terms of reference relating to environmental risk
management.
Get help if you are unsure
Contact the Environment Safeguards Section: environment@dfat.gov.au
How to protect people’s health and safety | 2