Newly released health and safety codes and legislation – January 2021
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.
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
