Safe Work Australia

Model WHS Regulations

Safe Work Australia has updated the model WHS Regulations and its guidance on the meaning of “person conducting a business or undertaking”.

Meanwhile, the Globally Harmonised System of Classification and Labelling of Chemicals (GHS 7) has been made a reference. The Commonwealth jurisdiction and most states and territories started the two-year transition from GHS 3 to GHS 7.

Outdated standards relating to pressure equipment and lasers used in the building and construction industry have been removed.

The model WHS Regulations and any changes made to them don’t apply in a jurisdiction until they are made in the jurisdiction.

Workplace Traffic Management

Safe Work Australia has updated its guidance on workplace traffic management to include information on working on or near public roads. To ensure the safety of workers and the public when managing traffic on a public road, actions could include installation of barriers and warning devices to ensure workers and vehicles stay separated.

https://www.safeworkaustralia.gov.au/media-centre/news/updated-workplace-traffic-management-guidance-now-available

Statement of Regulatory Intent – COVID-19

The statement on the approach to WHS compliance during the COVID-19 pandemic has been revised by WHS Regulators. The Statement of Regulatory Intent – COVID-19, developed by the Heads of Workplace Safety Authorities (HWSA), sets out principles Work Health and Safety (WHS) regulators use to guide their approach to ensuring compliance with WHS laws during the COVID-19 pandemic.

To ensure the Statement remains current and relevant, revisions have been applied including addition of new information on COVID-19 vaccines. The Statement does not apply to the WHS regulators in the Australian Capital Territory and in Victoria.

https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/other-resources/statement-regulatory-intent-covid-19

COVID-19 vaccine WHS guidance for workplaces

Safe Work Australia has published new information about work health and safety and COVID-19 vaccines. Employers have a duty under the model Work Health and Safety (WHS) laws to eliminate, or if that is not reasonably practicable, minimise the risk of exposure to COVID-19 in the workplace.

The new guidance provides information about rights and obligations under the model WHS laws and how they relate to COVID-19 vaccines. Vaccine work health and safety information is available for employers, small business and workers in 37 different industries.

https://www.safeworkaustralia.gov.au/covid-19-information-workplaces/industry-information/general-industry-information/vaccination

Preventing workplace sexual harassment, violence and aggression

New national work health and safety guidance has been developed by Safe Work Australia providing practical guidance to businesses to help them prevent workplace sexual harassment, violence, aggression and domestic violence.

Preventing workplace sexual harassment

The new Guide: Preventing workplace sexual harassment is the first comprehensive WHS guidance in Australia to focus on preventing sexual harassment. The guidance supports business and organisations to meet their WHS duties with practical steps to identify risks and prevent sexual harassment in the workplace.

https://www.safeworkaustralia.gov.au/doc/preventing-workplace-sexual-harassment-guide

Preventing workplace violence and aggression

The Guide: Preventing workplace violence and aggression provides information for persons conducting a business or undertaking (PCBUs), such as employers, on how to manage the risk of violence and aggression in the workplace, including gendered violence.

https://www.safeworkaustralia.gov.au/doc/preventing-workplace-violence-and-aggression-guide

Inspecting and maintaining elevating work platforms

Safe Work Australia has published new guidance for inspecting and maintaining EWPs. Employers are responsible for keeping workers safe and this includes ensuring that plant equipment is inspected and maintained. Employers must also ensure that workers are given the necessary information, training, instruction and supervision to use EWPs safely.

https://www.safeworkaustralia.gov.au/doc/guide-inspecting-and-maintaining-elevating-work-platforms

South Australia

HSRs for work groups of multiple businesses

New information on how the work health and safety law allows multiple persons conducting a business or undertaking (PCBU) and their workers to establish work groups if workers are carrying out work for different PCBUs. A HSR can represent workers across multiple businesses or undertakings by agreement between all relevant parties. The information provides guidance on establishing multiple-business workgroups through negotiations with workers and the shared responsibilities of each business.

https://www.safework.sa.gov.au/workers/consultation-and-representation/health-and-safety-representatives/hsrs-for-work-groups-of-multiple-business

Positive anti-harassment duty imposed on employers

A legislation has been introduced imposing a positive duty on employers to eliminate sexual harassment, discrimination and victimisation in workplaces under the State Equal Opportunity Act 1984. The new duty was recommended by the South Australian Equal Opportunity Commission’s review of harassment in the legal profession.

https://www.legislation.sa.gov.au/LZ/B/CURRENT/EQUAL%20OPPORTUNITY%20

Tasmania

Quad bike safety

Work is being done to make changes to the Work Health and Safety Regulations 2012 to improve quad bike safety. The changes will require employers to provide workers with a helmet when using a quad bike, require quad bike users to wear a helmet and to undertake training and prohibit the carrying passengers, except where the quad bike is designed and appropriate for that purpose. These changes are supported by changes to the Road Rules 2019; and plans to implement safety measures on public land under the National Parks and Reserves Management Act 2002 and the Crowns Law Act 1976. It is anticipated that these changes will be implemented by 30 June 2021.

https://worksafe.tas.gov.au/quadsafe/about-the-new-quad-bike-standard-oct-2020

OHS Legislation – https://worksafe.tas.gov.au/topics/laws-and-compliance

OHS Codes of practice – https://www.worksafe.tas.gov.au/laws/codes

Victoria

Environment Protection Act 2017

The Environment Protection Act 2017 will come into effect on 1 July 2021. The Victorian Government undertook a public inquiry into EPA and released its final conclusions in 2016. When the amended Act comes into force, EPA will have enhanced powers in preventing risks to the environment and human health. It will also be able to issue stronger sanctions and penalties to hold environmental polluters to account.

The general environmental duty (GED) is a centrepiece of the new laws as it applies to all Victorians. Risks must be understood if one conducts activities that pose a risk to human health and the environment. One must also take reasonably practicable steps to eliminate or minimise them. In an Australian first, the GED is criminally enforceable.

https://www.epa.vic.gov.au/about-epa/laws/new-laws

New industry standard for elevating work platform safety

WorkSafe has launched a new industry standard for elevating work platforms (EWPs) to provide operators and employers with practical safety advice to prevent serious injuries and deaths. The new standard provides a comprehensive understanding of the most important safety issues for using EWPs including who has a duty to ensure the health and safety of workers, selecting the appropriate EWP for the task at hand and the different types of EWP available. The standard also covers EWP training and licensing requirements and how to ensure EWPs are properly maintained and inspected for use.

https://www.worksafe.vic.gov.au/resources/elevating-work-platforms-industry-standard

Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Bill 2021

The Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Bill 2021 allows the Accident Compensation Conciliation Service (ACCS) to hear and make binding determinations on disputes not resolved by conciliation.

The proposed laws give workers the choice to have their matter arbitrated by the ACCS, who must commence a hearing within 30 days of the dispute being referred. Once an application for arbitration commences, a hearing will generally conclude within 60 days, with a determination made within two weeks of the hearing concluding. This will ensure these disputes are resolved within four months – which is less time than it takes to resolve most court proceedings.

https://www.legislation.vic.gov.au/bills/workplace-injury-rehabilitation-and-compensation-amendment-arbitration-bill-2021

New COVID check-in rule for businesses

New rules for workplaces announced by the Victorian Government while issuing a warning against poor compliance with COVID-19-related check-in regulations. From 28 May, all venues and businesses required to undertake electronic record keeping must use the Victorian Government QR Code Service through the Service Victoria app.

https://www.premier.vic.gov.au/restrictions-ease-more-victorian-businesses

New fines for non-compliance with COVID-19 rules

New on-the-spot fines for intentional breaches, as well as fines for repeated breaches, were introduced in response to poor rates of compliance with COVID-19 rules for businesses. Businesses can also be prosecuted in court for continued, blatant or wilful non-compliance with the Chief Health Officer’s pandemic rules on check-ins and other matters.

https://www.coronavirus.vic.gov.au/fines-enforcement-and-reporting

Education and Training Reform Amendment (Protection of School Communities) Bill 2021

The new proposed legislation aims to improve school safety by giving Victorian schools the power to ban aggressive and violent parents from entering school grounds, to protect students and staff. The Bill arose as a result of a recommendation from the Protective Schools Ministerial Taskforce, established in 2018. The Taskforce recommended legislative changes to in order to address threatening or aggressive conduct towards staff.

https://www.premier.vic.gov.au/sites/default/files/2021-05/210504%20-%20New%20Laws%20To%20Make%20Schools%20Safer%20For%20Everyone.pdf

New South Wales

New exposure standards for coal dust and diesel particulate matter

The new worker exposure standards for respirable coal dust (1.5mg/m3 of air) and diesel particulate matter (0.1mg/m3 measured as sub-micron elemental carbon) commenced on 1 February 2021.

https://www.resourcesregulator.nsw.gov.au/safety-and-health/topics/airborne-contaminants-and-dust

https://www.resourcesregulator.nsw.gov.au/__data/assets/pdf_file/0018/1265103/Changes-to-airborne-contaminants-and-dust-exposure-standards-A4-guide-poster.PDF

New guidelines to boost delivery driver safety

Draft guidelines have been released for industry consultation to provide better protection for workers in the food delivery industry. The guidelines outline existing hazards in the industry, such as poorly maintained bikes, fatigue and extreme weather conditions, and the actions that must be taken by delivery platforms, drivers and restaurants to mitigate these risks.

Strategies have been developed in partnership with industry to help food delivery operators, drivers and restaurants understand their obligations under NSW Work Health and Safety Legislation.

https://www.safework.nsw.gov.au/__data/assets/pdf_file/0007/978496/Working-together-to-improve-food-delivery-rider-safety.pdf

Accommodation guide

The SafeWork NSW Accommodation guide is a practical guide that helps persons conducting a business or undertaking (PCBUs) understand and meet their obligations under the NSW work health and safety laws when designing or choosing the form of accommodation provided for workers during work undertaken away from home.

It includes useful information and advice on what accommodation should include, as well as considerations when choosing accommodation and maintenance requirements.

https://www.safework.nsw.gov.au/resource-library/accommodation-and-food-services-publications/accommodation-guide

Managing WHS at events

The Managing WHS at events guide helps event organisers understand and meet their obligations under Work Health and Safety (WHS) laws when managing events.

It includes useful information and advice on planning, managing and monitoring an event to ensure the health and safety of workers, volunteers and the visiting public.

https://www.safework.nsw.gov.au/resource-library/arts-and-recreation-services-publications/guide-managing-work-health-and-safety-at-events

OHS Legislation – https://www.safework.nsw.gov.au/legal-obligations
OHS Codes of Practice – https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice

Australian Capital Territory

OHS Legislation – http://www.legislation.act.gov.au
OHS Codes of Practice – https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/4201

Queensland

Codes of practice updated

National safe work codes of practice have been reviewed and updated in line with a nationwide agreement in 2015 that all Australian work health and safety regulators will review the codes of practice every five years. 21 Queensland codes of practice that are based on national codes of practice have been updated and approved for the state. The new codes commenced on 1 March.

https://www.worksafe.qld.gov.au/news-and-events/newsletters/esafe-newsletters/esafe-editions/esafe/february-2021/codes-of-practice-updated

Updated Codes

Abrasive blasting code of practice 2021

Confined spaces code of practice 2021

Demolition work code of practice 2021

Excavation work code of practice 2021

First aid in the workplace code of practice 2021

Hazardous manual tasks code of practice 2021

How to manage and control asbestos in the workplace code of practice 2021

How to manage work health and safety risks code of practice 2021

How to safely remove asbestos code of practice 2021

Labelling of workplace hazardous chemicals code of practice 2021

Managing noise and preventing hearing loss at work code of practice 2021

Managing risks of hazardous chemicals in the workplace code of practice 2021

Managing risks of plant in the workplace code of practice 2021

Managing the risk of falls at workplaces code of practice 2021

Managing the work environment and facilities code of practice 2021

Preparation of safety data sheets for hazardous chemicals code of practice 2021

Safe design of structures code of practice 2021

Spray painting and powder coating code of practice 2021

Welding processes code of practice 2021

Work health and safety consultation, cooperation and coordination code of practice 2021

OHS Legislation – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation
OHS Codes of Practice – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation/codes-of-practice

Northern Territory

OHS Legislation – https://worksafe.nt.gov.au/laws-and-compliance
OHS Codes of Practice – https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice

Western Australia

OHS Legislation – https://www.commerce.wa.gov.au/worksafe/legislation
Codes of Practice – https://www.commerce.wa.gov.au/worksafe/approved-codes-practice

What is a Safety Management System (SMS, or also known as an Occupational Health and Safety Management System or OHSMS)? Well, it’s is a set of policies, procedures and plans that systematically manages the health and safety of your workplace.

It covers crucial organisational structures and reporting lines, key accountabilities, and all your health and safety policies and procedures. The great thing about safety management systems is that they are not one size fits all. They are scalable and therefore can be tailored specifically to the size and complexity of your own workplace.

Why do you need a Safety Management System or OHSMS?

A well-implemented Safety Management System helps minimise the risk of injury and illness due to workplace operations, and that should be front of mind for any business, right? The other great thing is that you shouldn’t have to start from scratch. Your organisation most likely has some elements of a SMS already in place. The key is to link these elements into a coordinated overall system to improve work health and safety performance.

Key components of a Safety Management System

The universally accepted framework for SMSs includes the main components listed below. These components represent the minimum requirements that need to be met when implementing your system for it to be recognised as a Safety Management System:

• Safety policy and objectives
• Management commitment and responsibility
• Safety accountabilities
• Appointment of key safety personnel
• Coordination of emergency response planning
• Safety Management System documentation
• Safety risk management
• Hazard identification
• Risk assessment and mitigation
• Safety assurance
• Safety performance monitoring and measurement
• The management of change
• Continuous improvement of the Safety Management System
• Safety promotion
• Training and education
• Safety communication

So keep this handy as you begin. You can then take the next step and have your Safety Management System certificated against ISO 45001.

What is ISO 45001?

ISO 45001 is an International Organisation for Standardisation standard for management systems of occupational health and safety. Its goal is the reduction of occupational injuries and diseases, including promoting and protecting physical and mental health. An ISO 45001 certification can be obtained by any organisation regardless of its size, type and nature.

In addition, having your Safety Management System certified as ISO 45001 can lead to recognition for having achieved an international benchmark, and in turn, will influence potential clients who are concerned about their social responsibilities to choose you from your competitors. They will be reassured when they know they are dealing with an organisation that has internationally recognised safety standards. So it really is win-win.

What does building a Safety Management System look like?

Even before you get down to the nitty-gritty of documenting those all-important policies and procedures, there are a few initial steps you should consider taking when implementing your SMS. These steps will ensure that you effectively contextualise your health and safety program to your own specific workplace needs as they currently stand, and so you are not distracted by past manuals or that old workplace saying, “the way you have previously done things”.

First of all, set up a working group, who will drive the implementation of your Safety Management System. Ideally, this group should include a mixture of management and employees that represent the breadth of all facets of your organisation. It would also be ideal to have a subject matter expert from the industry from which your organisation is part.

Controlling hazards is the key

Effective implementation of health and safety management within your workplace should result in hazards being controlled. Hazard control is achieved either by reducing the impact or by reducing the likelihood of exposure to the hazard.

Once your working group is established consider all the actual “work” that that is completed by your teams and the potential hazards that come with this work. This includes within your office, as well as within your production arm and employees out in the field.

It is important to not just focus on hazards that you perceive as higher-risk. You want to create an overall organisational context for your Safety Management System and to take into account all risks and opportunities, not just those obvious ones. This will ensure you are implementing a system with a holistic view.

Once you have a clear understanding of context and hazard controls, begin by documenting them within your Safety Management System. This will enable your organisation to begin to improve its safety performance by:

• Ensuring documented health and safety policies and objectives reflect the work that you do actually do, not the work you imagine is done.
• Increasing the awareness of your health and safety risks. Your documented Safety Management System will provide a single source of truth.
• Allowing you to evaluate your health and safety performance against the processes as documented and allow you to more easily identify “breaks in the process” when moving down the path of continuous improvement.
• Documenting key responsibilities, to ensure both management and workers can take an active role in health and safety matters.

What are the challenges with implementing and maintaining a Safety Management System?

It is important to be aware of some of the challenges that can be faced when implementing your SMS:

1. Getting Started

Like anything to begin with, it can be hard to get started. Too often companies advise that they are not ready, as they want everything to be perfect before they begin the process. However, your Safety Management System should always be considered an ongoing and ever-evolving process that will never be perfect, so the key is to begin.

2. Setting Goals

 Companies building an SMS should set realistic goals. A company knows its capabilities and limitations which should be referenced when implementing health and safety targets. If you set too an unrealistic goal, your team could get disheartened and lose interest in implementing your system further.  

3. Problem Solving

If you don’t know what your potential organisational health and safety risks are, you won’t be able to confidently begin implementing your safety management system. That is why it is important to have people from across the breadth of your workplace operations to help you identify these risks.

Most workplaces find that once they take time to explicitly understand and document their health and safety hazards and then agree on how the hazards are controlled; building and implementing the Safety Management System is relatively simple.

4. Self-Management

 Safety Management Systems require ongoing input and update and consequently, their success mostly depends on the enthusiasm of your working group overseeing your system. If you don’t ensure continuous improvement and input, your system and the health and safety of your workplace can suffer.

Software platforms such as Safety Champion Software can help. They can ensure that implementation activities are planned for and scheduled. They prompt workers when tasks that they are responsible for approaching their due date, and where required escalate to management if tasks are not completed. This will help with the momentum and help keep you on track.

5. Transparency

Ensuring the correct information is shared with all employees is another major challenge when implementing a Safety Management System. Often crucial and timely safety information can get lost within an organisation’s traditional reporting system. However, software platforms that specialise in safety management and compliance, such as Safety Champion Software again, can play a role here.

The cloud-based nature of most safety management software products ensures that workers have access to the most current policies and procedures, chemical registers, and training documentation. It can allow employees to report incidents and hazards in real-time and communicated to all stakeholders instantaneously.

Why make building your Safety Management System a focus?

When implemented well, building and implementing a Safety Management System has immense value. The obvious positive outcome is to the health and wellbeing of your employees. These benefits should also be kept front of mind to keep up the momentum when establishing your Safety Management System:

• You will improve your organisation’s ability to respond to regulatory compliance issues
• You will reduce the overall costs of incidents
• You will reduce downtime and the costs of disruption to operations
• You will reduce the cost of insurance premiums and risk of prosecution
• You will reduce absenteeism and employee turnover rates

By taking action today and organising a coordinated, holistic and internationally recognised system to improve your workplace health and safety performance, your business and your employees are the real winners. If you get the setup right, the benefits to health and safety, as well as to other areas of your operations, are sure to follow.

For more support with designing and implementing an effective Safety Management System, reach out to our team today. Our OHS consulting team have vast experience when it comes to OHSMS development and would be pleased to help.

Critical Incident Response for Aged Care

A Serious Incident Response Scheme (SIRS) for residential aged care and flexible care services was introduced in December through The Aged Care Legislation Amendment (Serious Incident Response Scheme and Other Measures) Bill 2020 (Cth).

The amendments are intended to begin from April 2021 and see a two-stage reporting process introduced for certain incident types, like the notifiable incident processes required for workplace safety.

https://www.health.gov.au/news/announcements/bill-establishing-the-serious-incident-response-scheme-sirs-introduced-into-parliament-0

GHS7 Chemical Labelling
Australia officially began the transition from GHS 3 to GHS 7 on 1 January 2021. The transition period is for two years and will end on 31 December 2022.

GHS 7 introduces several changes to classification, labelling and safety data sheet requirements for workplace hazardous chemicals. In addition to these changes, the definition of ‘hazardous chemical’ has been clarified to ensure it captures all Category 2 eye irritants.

South Australia

A number of changes to the Work Health and Safety Regulations 2012 (SA) came into effect on 1 January 2021. This includes changes to air monitoring during asbestos removal work, chemical labelling, references to Australian Standards for lasers and pressure equipment, and minor updates for diving work.

Air monitoring for asbestos removal
WHS Regulations have been amended effect from 1 January 2021, making permanent the long-standing requirement in South Australia for independent licenced asbestos assessors to conduct air monitoring for asbestos removal under both Class A and Class B licences.

GHS7 chemical labelling
With the transition from GHS 3 to GHS 7 beginning on 1 January 2021, the Work Health and Safety Regulations 2012 (SA) have been amended to update references to the GHS and the transition period.

Lasers and Pressure Equipment
Work Health and Safety Regulations 2012 (SA) will incorporate amendments to update, and include, references the current Australian Standards for lasers and pressure equipment, effective from 1 January 2021, as follows:

Regulation 223 will reference:

Schedule 5 Part 1 and Part 2 will reference:



Diving Work
From 1 January 2021, the Work Health and Safety Regulations 2012 (SA) will incorporate amendments to remove redundant standards referenced, improve clarity and correct minor errors.

Updated Codes
• First Aid in the Workplace: Code of practice 2020 (June)
• How to Manage Work Health and Safety Risks: Code of practice 2020 (June)
• Labelling of Workplace Hazardous Chemicals: Code of practice 2020 (June)
• Managing Electrical Risks in the Workplace: Code of practice 2020 (June)
• Managing Noise and Preventing Hearing Loss at Work: Code of practice 2020 (June)
• Managing the Risk of Falls in the Workplace: Code of practice 2020 (June)
• Managing the Work Environment and Facilities: Code of practice 2020 (June)
• Work Health and Safety Consultation, Co-operation and Co-ordination: Code of practice 2020 (June)
• Abrasive Blasting: Code of practice 2020 (June)
• Confined Spaces: Code of practice 2020 (June)
• Demolition Work: Code of practice 2020 (June)
• Excavation Work: Code of practice 2020 (June)
• Hazardous Manual Tasks: Code of practice 2020 (June)
• How to Manage and Control Asbestos in the Workplace: Code of practice 2020 (June)
• How to Safely Remove Asbestos: Code of practice 2020 (June)
• Managing Risks of Hazardous Chemicals in the Workplace: Code of practice 2020 (June)
• Managing the Risks of Plant in the Workplace: Code of practice 2020 (June)
• Preparation of Safety Data Sheets for Hazardous Chemicals: Code of practice 2020 (June)
• Spray Painting and Powder Coating: Code of practice 2020 (June)
• Welding Processes: Code of practice 2020 (June)

OHS Legislation – https://www.safework.sa.gov.au/
OHS Codes of practice – https://www.safework.sa.gov.au/workplaces/codes-of-practice

Tasmania

OHS Legislation – https://worksafe.tas.gov.au/topics/laws-and-compliance
OHS Codes of practice – https://www.worksafe.tas.gov.au/laws/codes

Victoria

Proposed Amendments for Provisional Payments for Workers’ Claim on Mental Injury

The Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Bill 2020 (the Bill) was introduced into the Legislative Assembly in November 2020.

Following the release of the Royal Commission into Victoria’s Mental Health System, the government made a promise to implement changes to reduce the delay in workers receiving support for mental health injuries that was extending out, on average, to 13 weeks.

The Bill seeks to introduce a 3-day notification requirement for mental injury claims and aims to provide workers with support within 2 days of the claim being submitted; a vast improvement from the average 13 weeks.

https://www.parliament.vic.gov.au/file_uploads/SARC_Alert_Digest_No.13_of_2020_ZJRs21ky.pdf
https://www.premier.vic.gov.au/better-mental-health-support-victorian-workers

Lead Regulation Amendments
Amendments to Part 4.3 (Lead) of the OHS Regulations came into effect on 5 June 2020.

Adjustments were made to the following:
• airborne lead exposure standard
• definition of lead-risk work
• frequency of biological monitoring
• blood lead level thresholds for removal from, and return to, lead-risk work.

OHS Legislation – https://www.worksafe.vic.gov.au/laws
Codes of Practice – https://www.worksafe.vic.gov.au/compliance-codes-and-codes-practice

New South Wales

Updated Codes
• Formwork Code of Practice 2020
• First Aid in the workplace code of practice 2020
• Excavation work code of practice 2020

OHS Legislation – https://www.safework.nsw.gov.au/legal-obligations
OHS Codes of Practice – https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice

Australian Capital Territory

Updated Codes
• Work Health and Safety (Abrasive Blasting Code of Practice) Approval 2020
• Work Health and Safety (First Aid in the Workplace Code of Practice) Approval 2020
• Work Health and Safety (Hazardous Manual Tasks) Code of Practice Approval 2020
• Work Health and Safety (How to Manage Work Health and Safety Risks) Code of Practice Approval 2020
• Work Health and Safety (Managing Electrical Risks at the Workplace Code of Practice) Approval 2020
• Work Health and Safety (Managing Noise and Preventing Hearing Loss at Work) Code of Practice 2020
• Work Health and Safety (Managing the Risk of Falls at Workplaces Code of Practice) Approval 2020
• Work Health and Safety (Managing the Work Environment and Facilities) Code of Practice Approval 2020
• Work Health and Safety (Confined Spaces) Code of Practice Approval 2020
• Work Health and Safety (Demolition Work Code of Practice) Approval 2020
• Work Health and Safety (Excavation Work Code of Practice) Approval 2020
• Work Health and Safety (How to Manage and Control Asbestos in the Workplace Code of Practice) Approval 2020
• Work Health and Safety (How to Safely Remove Asbestos Code of Practice) Approval 2020
• Work Health and Safety (Labelling of Workplace Hazardous Chemicals Code of Practice) Approval 2020
• Work Health and Safety (Managing Risks of Plant in the Workplace Code of Practice) 2020
• Work Health and Safety (Managing Risks of Hazardous Chemicals in the Workplace Code of Practice) Approval 2020
• Work Health and Safety (Preparation of Safety Data Sheets for Hazardous Chemicals Code of Practice) Approval 2020
• Work Health and Safety (Preventing Falls in Housing Construction Code of Practice) Approval 2020
• Work Health and Safety (Safe Design of Structures Code of Practice) Approval 2020
• Work Health and Safety (Spray Painting and Powder Coating Code of Practice) Approval 2020
• Work Health and Safety (Welding Process Code of Practice) Approval 2020

OHS Legislation – http://www.legislation.act.gov.au
OHS Codes of Practice – https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/4201

Queensland

Updated Legislation
• Safety in Recreational Water Activities Act 2011
• Safety in Recreational Water Activities Regulation 2011

Updated Codes
• Electrical safety code of practice 2020 – Electrical equipment rural industry
• Electrical safety code of practice – Works
• Working near overhead and underground electric lines – Electrical safety code of practice 2020

OHS Legislation – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation
OHS Codes of Practice – https://www.worksafe.qld.gov.au/laws-and-compliance/workplace-health-and-safety-laws/laws-and-legislation/codes-of-practice

Northern Territory

Updated Legislation
• Work Health and Safety (National Uniform Legislation) Regulations 2011 as in force 29 July 2020
• Northern Territory Environment Protection Authority Act 2012 – As in force 28 June 2020
• Waste Management and Pollution Control Act 1998 as in force at 28 June 2020
• Water Act 1992 – As in force 20 November 2020

OHS Legislation –https://worksafe.nt.gov.au/laws-and-compliance
OHS Codes of Practice – https://worksafe.nt.gov.au/forms-and-resources/codes-of-practice

Western Australia

Silica Health Surveillance
Businesses that expose workers to crystalline silica will be required to provide a low-dose HRCT scan, supervised by an appointed medical practitioner, instead of the previously required chest X-ray once the amendments to the Occupational Safety and Health Regulations 1996 come into effect on 15 April 2021.

Work Health Safety Act & Regulations
The Work Health and Safety Bill 2019 was passed by Parliament on 3 November 2020 and is awaiting royal assent. Work to develop the regulations will continue into 2021, and the WHS Act will not be operational until these have been completed.

OHS Legislation – https://www.commerce.wa.gov.au/worksafe/legislation
Codes of Practice – https://www.commerce.wa.gov.au/worksafe/approved-codes-practice

NDIS Worker Screening Check
A nationwide new worker screening process commenced from 1 February 2021 after Wester Australia passed the National Disability Insurance Scheme (Worker Screening) Bill 2020 (WA) in December.
Amendments to the following were made because of this Bill being passed:
• Spent Convictions Act 1988
• Working with Children (Criminal Record 19 Checking).
These changes allow the NDIS Quality and Safeguards Commission (NDIS Commission) to introduce, and manage, a nationally consistent Worker Screening Check (NDIS Check) and the NDIS Worker Screening Database.
All new workers, and current workers, are required to be checked through the system, with the transitional phase completed over December 2020 to 1 February 2021.
The checks and register look to determine if the worker has been excluded to work in any industries, and if they may pose a risk to work with a person with a disability.

https://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=1EE07E75B66CC858482585C2000D68FB
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd015

Around this time of year, we find that many businesses seek OHS guidance about how they can host a safe Work Christmas Party or end-of-year celebration. Our advice is more or less the same each year. We recommend you conduct a safety risk assessment at your chosen party location, manage alcohol carefully and the related hazards, and communicate clearly with your team about appropriate conduct and the rules of the event, to name a few. 

Read about more key considerations for work parties here.  

Whilst this safety guidance is still certainly relevant, this year there is a new consideration. You guessed it, COVID-19. From a work health and safety management and compliance perspective, you must take deliberate action to ensure you are hosting a COVIDsafe party for your team this year.  

What are the key COVID considerations for your party this year? 

Physical distancing 

Physical distancing is still an important component of our ability to control the spread of coronavirus within the community. As such, you must ensure you pick a venue that allows for space – much more than usual that is. Venues will no doubt guide you in the number of patrons they can have in a space – but also be proactive about this and ask.  

To help, ask your team to RSVP and stick to that RSVP so that you don’t have more people than you intended show up on the day/night.  

Location & size 

Leading on from physical distancing, you may also like to consider the size and location of your party. If you’re struggling to find a venue that will keep everyone in the same room, suitably safe and distant, without breaking the budget, consider having multiple smaller events or hosting an outdoor event this year. The likelihood of the coronavirus spreading outside vs inside is around 10 to 20 times less likely – so it’s a great plan if you can. 

Consider having team-based celebrations instead of an “all staff” one. Think about outdoor venues like parks, the local footy oval, beaches, Botanical Gardens, or lawn bowls.  

Cleanliness & sanitisation 

Maintain a clean and sanitised work place for your team is a big part of any COVID safe plan out there. We’ve all become used to the concept of sanitising our hands or workspaces, and being mindful of touching our faces/then surfaces or people around us. It is no different at your end-of-year party.  

First, ensure the space is clean and sanitised when you start – and, if possible, arrange for surfaces to be cleaned throughout the duration of the party. Second, ensure you have hand sanitiser and appropriate signage around the part space to remind people.  

Sharing  

Work events are often stand-up cocktail parties or bbqs, at which we might touch multiple glasses and plates throughout the night. There’s also commonly shared food at such events. However, this year, be mindful that it may be best to discourage the sharing of food, drinks, plates, cutlery and glassware, or touching multiple items, multiple times.  

Consider ways that everyone can keep hold of their glass and reduce shared items. Perhaps a little charm around your glass, or people may bring their own. You may also choose a sit-down event, in which people use the items in front of them and eat a plated meal. 

Lay the ground rules 

With each and every one of these considerations, the most important thing is to ensure they are well communicated and understood by all attendees. Consider communicating this in a few ways, and request acknowledgement that your colleagues have read and understood the rules for the day/night.  

Before the event, ensure you brief everyone (in person and/or in writing) on proper conduct and let them know about the rules for the event. At the event, use posters to remind people what you’ve already outlined. 

Management of COVID-19 as an OHS hazard 

At the end of the day, COVID-19 is a hazard that needs to be managed like any other in your workplace or at work-related events. When you conduct your risk assessment of the location of your work event, ensure that COVID is a top consideration.  

Think about every possible way you can avoid the spread. Consider the points above as you plan what you will do, where you will go, how many people will be there, and how you can adhere to the relevant government and regulatory guidance.  

Certainly, this is one end-of-year celebration we’ll all be pleased to attend – particularly for Victorians as they come out the other side of a longer lock down than most. We all need some time to rejuvenate, reconnect and relax, together as work mates and teams, after such a stressful and tumultuous year. 

From the team at Action OHS Consulting to your team – happy end of year celebration! We made it! 

If you need assistance with your COVID safe planning as we round out the year or perhaps as you plan to re-open and welcome your workers back, we’re here to help. Reach out to our team of OHS professionals today.