On-the-spot WHS fines increase in NSW, many offences added
The NSW Government has made the Work Health and Safety Amendment (Penalty Notices) Regulation 2024 to increase the amounts payable for on-the-spot WHS fines by 25 per cent, and to increase the number of WHS offences that can attract penalty notices from n early 200 to nearly 300.
In accordance with Schedule 18A of the State Work Health and Safety Regulation2017, SafeWork NSW inspectors can issue individuals and bodies corporate with penalty notices (as an alternative to prosecution or other enforcement measures) for a small number of offences under the Work Health and Safety Act 2011, including section 38 ("Duty to notify of notifiable incidents"), and many offences under the Regulation.
The changes made by the Amendment Regulation mean bodies corporate and individuals can now be instantly fined $7,450 and $1,500 respectively for section-38breaches, up from $6,000 and $1,200.
The maximum on-the-spot fines for breaches of the WHS Regulation have gone up from $3,600 for bodies corporate and $720 for individuals to $4,500 and$900 respectively.
The many offences added to this penalty notice category include:
- failing to ensure, so far as is reasonably practicable, that workplace layouts, work areas, floor and surface designs, lighting, ventilation, or conditions relating to heat or cold, allow work and related activities (like emergency evacuations) to be carried out without risk to health and safety; and
- failing to ensure, so far as is reasonably practicable, that workers are provided with adequate, clean, safe and accessible facilities, including toilets, drinking water, washing facilities and eating facilities.
Other offences added to Schedule 18A pertain to the duties around: first aid; the installation, construction or commissioning of plant or structures; and safe work method statements for high-risk construction work.
Many of the additions involve hazardous substances, including duties for: safety data sheets; the supply of prohibited and restricted carcinogens; the labelling of chemicals; hazardous chemicals registers; containing and managing spills; emergency and safety equipment; and lead (Pb) risk work.
Ahigh number of the additional offences apply to asbestos-related activities, and some affect major hazard facilities.
Restored WHS jurisdiction commences in NSW
NSW'sre-established Industrial Court has commenced operations, functioning, in the words of State Attorney-General Michael Daley, as a "one-stop shop providing access to justice in industrial and work health and safety matters".
The Court's new judges – WHS and employment barrister Ingmar Taylor SC; WHS, industrial, employment and discrimination law specialist David Chin SC; and criminal lawyer Jane Paingakulam – were sworn in on Monday.
As reported by OHS Alert, NSW workplace health and safety prosecutions were transferred from the Industrial Court to the Local, District and Supreme Courts about 13 years ago.
The Industrial Court was eventually abolished in 2016, before being restored by a2023 industrial relations Bill.
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The State Government claimed, on the introduction of the Bill, that there-established Industrial Court regime would improve workplace safety "by providing specialised health and safety judges".
The new judges were announced last April, with Taylor also appointed President of the Industrial Relations Commission, Chin Vice President of the IRC, and Paingakulam Deputy President.
WHS Codes adopted and amended in Tas
Tasmania has adopted the WHS Code of Practice, Sexual and gender-based harassment, which mirrors the national model WHS Code of the same name (see related article).
The island State has also amended its WHS Code, Managing the risks of plant in the workplace, to apply national model changes providing new information on the prevention of vehicle roll-aways and on safe immobilisation.
Work Safe Tasmania says the new Code on sexual and gender-based harassment applies to all workplaces and provides practical guidance on how to manage health and safety risks associated with such harassment.
"[The document] highlights the role of leadership and culture in creating safe and respectful workplaces that are proactive in managing the risks of sexual and gender-based harassment," the regulator says.
"[It]is intended to be read and applied in conjunction with the Code of Practice for Managing psychosocial hazards at work," it says.
"Sexual and gender-based harassment often occurs in conjunction with other psychosocial hazards and as a PCBU you must consider the interaction between these hazards when managing risks to the health and safety of workers and others."
There is an ongoing and critical need for business to receive updated WHS training, Due Diligence Training, Compliance Training, and Risk Management Training.
