Virtually all environmental and WHS legislation specifically require employee training. Existing Victorian legislation is the less explicit in this regard.  However, we have referred to a Guideline (Publication 1698) published by EPA Victoria. This is not legislation per se but should be a sound indication of how EPA Victoria interprets the new legislation which will be effective from the 1^st of July 2021.

The specific question addressed is whether training of supervisors was sufficient to meet the requirements of legislation. WHS legislation generally refers to training of “workers” which implies all employees. The environmental legislation referred to training “employees” or “staff”. Again the wording is broader than supervisors only.

Our experience in the field supports the view that any employee who is expected to respond to an environmental incident should be appropriately trained.

This review considered two sources of legislation: – Environmental Legislation and Workplace Health and Safety Legislation in the state jurisdictions that impact on activities.

Environmental Legislation

Tasmania Environmental Management and Pollution Control Act 1994

The EMPCA 1994 has a concept of “Best Practice Environmental Management” which is the yardstick against which an organisation’s performance is compared.

Section 4. Subsection (2) (b) states that “in determining the Best Practice Environmental Management of an activity. Regard must be had to the following measures:

(b) Administrative systems implemented by the person, including staff training;”

NSW Protection of the Environment Operations Act 1997

The POEO Act 1997 Sect 169A Liability of directors etc for offences by corporation – offences attracting executive liability generally.

Subsection (7) “reasonable steps”,” in relation to the commission of an executive liability offence, includes

(b) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction, and supervision appropriate to them to enable them to comply with the provision creating the executive liability offence so far as the provision is relevant to them.”

Victoria Environmental Protection Act 1970

No specific reference to training was identified in the Act (current legislation).

Victorian Environmental Protection Act 2017 (effective from the 1^st July 2021)

The implementation of the new Victorian EP ACT has been delayed by COVID until the 1^st of July 2021. Associated guidelines have been prepared to support this legislation. The “Liquid storage and handling guidelines, June 2018 publication 1698” state that demonstrating good site management includes “ Train all personnel in incident response and spill management.” Such training and other related activities are required to demonstrate compliance with the General Environmental Duty.

Other States

QLD, SA, WA follow the Tasmanian Legislation requirement.

Workplace Health and Safety Legislation

Tasmania Workplace Health and Safety Act 2012

Division 4 – Duty of officers, workers and other persons

Section 27 Duty of Officers

Subsection (5) “In this section – Due Diligence includes taking Reasonable Steps –

(e) To ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act;

Example: Ensuring the provision of training and instruction to workers about work health and safety.” All other states, except Victoria, have similar wording requiring training of workers.

Victoria Handbook for Workplaces Controlling OHS hazards and risks

“Steps in controlling OHS hazards and risks”

Step 4 – Check controls

Maintaining effective controls

• Up to date training and competency

Risk controls, particularly lower level controls, depend on all workers and supervisors having the appropriate competencies to do the job safely. Training should be provided to maintain competencies and to ensure new employees are capable of working safely.”

Disclaimer: This document should not be regarded as legal advice and is of an advisory nature only. The scope relates to the general conditions as requested and should not be used for any other purpose.