UNOFFICIAL OHS DATABASE
The intersection between the Anti Discrimination Act 1977 and the OH&S Act 2000 can create some confusing issues for both workers and employers alike.
Generally speaking, when the two acts are in conflict, the OHS Act takes precedence. For example, if an applicant for a construction job has foot problems and cannot wear safety boots, the principal contractor may legally deny that person a job. That would happen if, as a result of a risk assessment in consultation with workers, safety boots are deemed "a must" for those on the building site to work safely.
Other commonly contentious issues are pregnancy and HIV. In fact, HIV+ workers sometimes confront issues relating not only to the above-mentioned acts, but the Privacy Act as well!
Some employers think they are protecting workers by telling everyone at work about a worker's HIV+ status, a clear breach of the Privacy Act. Unless the work can cause workers to share bodily fluids (generally blood) on the job, a properly conducted risk assessment should conclude that such a person is perfectly safe in the workplace. In most cases, you'd expect that few or no adjustments need to be made, mostly just educating workers to not breach anti discrimination laws (and common decency).
Links to several pregnancy in the workplace publications are provided on this database. Generally speaking, employers need to consult the worker about the kind of tasks she can perform safely. If there is any doubt, then the employer may require written guidance from the worker's doctor.
Anti Discrimination links
NSW
Anti Discrimination Board (ADB)
Re:Sex, race, religion, age, marital status, gay/lesbian, disability,
transgender, association with the aforementioned groups.
Anti-Discrimination Legislation (ADB site - includes all Australian AD laws)
Human Rights & Equal Opportunity Commission (HREOC - Federal)
Office of the Director of Equal Opportunity in Public Employment (ODEOPE - NSW govt)
HIV/AIDS in the workplace (Dmoz directory)
Disability Council of NSW (includes comprehensive links pagefor specific issues)
GLTB Policy Officer (NSW Attorney General's dept)
Gender Centre (Transgender info - funded by NSW Dept of Community Servs)
LawAccess (NSW - telephone legal service)
Related pages on this site
Bullying (full website, also on this domain)
Dispute Resolution / Grievances / Mediation
Lead (in relation to pregnant workers)
Office safety (stress links)