Work health and safety regulation 2011 nsw legislation. Contents work health and safety regulation 2011 page 2 18 procedures for election of health and safety representatives. Authorisation to use, handle or store prohibited or restricted carcinogens pdf, 177. Work health and safety regulation 2017 safework nsw.
Division 7 managing risks from airborne contaminants. Guide to interpretation of principal contractor and roads and. Accident, incident reporting and investigation procedure. Whs regulations background australian business solutions. Work health and safety regulation 2011, made under the. An inspector can refer to a code of practice when issuing an improvement or prohibition notice under the work health and safety act 2011, codes of practice are admissible in court proceedings courts may regard a code of practice as evidence of what is known. Under subdivision 3 of division 3 of part 5 of the. Often, there is more than one pcbu involved in the relevant work. A person who makes, or participates in making decisions that affect the whole or a substantial part of a business or undertaking workers. See below for guidance relating to all workplaces in nsw, including mining workplaces, under the work health and safety act 2011 and the work health and safety regulation 2017. Under section 43 of whs regulations 2011, employers have a duty of care to provide an effective response in an emergency and must also provide information, training and instruction to all workers in responding to an emergency. Nsw legislation 359 articles the principal whs law in new south wales consists of the work health and safety act 2011, supported by the work health and safety regulation 2011. The work health and safety regulation 2011 the whs regulation describes how to prevent or minimise a risk at your workplace. This regulation is the work health and safety regulation 2011.
Work health and safety regulation 2011 sydney anchor points. As a consequence of this, when roads and maritime workers are working at a. These regulations implement the model work health and safety regulations in the commonwealth jurisdiction and form part of a system of nationally harmonised occupational health. This brief guide outlines the main features of the new work health and safety act 2011. Whs record keeping requirements australian business. These do not replace the whs laws, but codes of practice can be issued to help make understanding what you have to do a little easier.
If a note at the foot of a provision of this regulation states whs act. This reprint commenced 30 june 2017 at the end of the day. If a risk at your workplace is not covered by the regulation or code of practice then you must choose an appropriate way to manage exposure to the risk. The whs legislation applies to all workplaces in nsw, including mines.
It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 january 2020. The regulations will apply to the commonwealth, public authorities and, for a transitional period, non. Work health and safety consultation, cooperation and co. If there are hazardous chemicals of more than one class, andor group, refer to notes in the schedule 11 table c. This regulation prescribes matters under the work health and safety act 2011 to give effect to the operation of that act. Historical version for february 2015 to 17 may 2015 accessed 14 may 2020 at 08. Risks are rated in accordance with the librarys whs risk management matrix. Collectively these acts and regulations are referred to as work health and safety laws. Person conducting a business or undertaking officer. Work health and safety consultation, cooperation and coordination code of practice 2011 pn11158 page 4 of 27 foreword the work health and safety consultation, cooperation and coordination code of practice is an approved code of practice under section 274 of the work health and safety act 2011 the whs act. All legislation for nsw mining workplaces nsw resources. New south wales work health and safety regulation 2011 contents page historical version for 21. Regulations were subsequently endorsed, in principle, in august 2011.
For the model whs laws to become legally binding, the commonwealth, states and territories must separately implement them as their own laws. This legislation is mandatory in all workplaces throughout nsw. Regulation 16 also notes that under section 5 of the. Model work health and safety regulations safe work australia. An ohs management plan prepared in compliance with clause 226 of the ohs regulation and that is current immediately before the repeal of that regulation is deemed to have been prepared as a whs management plan for the purposes of compliance with clause 309 of the whs regulation, but only for 12 months after the commencement of the whs act. The work health and safety act 2011 and the work health and safety regulation 2017 apply to all workplaces in nsw, including mining workplaces. In 2011, safe work australia developed a single set of whs laws to be implemented across australia. This code of practice on managing the work environment and facilities is an approved code of practice under section 274 of the work health and safety act the whs act. The work health and safety regulation 2011 whs regulation provides for the notification of schedule 11 hazardous chemicals that are used, handled or stored above certain quantities. Understanding the work health and safety act a practical guide. Whs, environment and quality policy pol001 adopted. Work health and safety act 2011 work health and safety regulation 2011 government information public access act 2001 australia new zealand standard asnzs 48012001 state library work health and safety policy state library risk management procedure key definitions.
The work health and safety act 2011 came into effect on 1 january 2012 and the work health and safety regulation 2017 commenced on 1 september 2017. Work health and safety act 2011 including any amendment made under the. Ensure all department managers requiring placarding, is displayed in accordance with schedule placard requirements nsw whs regulation 2017. These regulations implement the model work health and safety regulations in the commonwealth jurisdiction and form part of a system of nationally harmonised occupational health and safety laws. Did the whs act replace the coal mine health and safety act 2002 cmhs. Faqs on the introduction of the work health and safety act. Risk assessment 1763 risk assessments by a competent person must be recorded in writing.
These were adopted with some modification in nsw as the nsw work health and safety act 2011 and nsw work health and safety regulation 2011, in force from 1 january 2012. New south wales work health and safety regulation 2011 contents page historical version for. Laws introduced the commonwealth, queensland, new south wales january 2012. Ohs regulations means the occupational health and safety safety standards regulations 1994. The commonwealth, states and territories have responsibility for regulating and enforcing work health and safety laws in their jurisdiction.
Request to commence a prosecution fact sheet pdf, 157. Work health and safety essentials for nurses and midwives. Managing the work environment and facilities code of. Staged repeal status this legislation is currently due to be automatically repealed under the subordinate legislation act 1989 on 1 september 2022 authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is. Work health and safety mines and petroleum sites legislation. Work health and safety act 2011 no 10 contents page historical version for 7. Safe work australia is a national policy body, not a regulator of work health and safety. Work health and safety act 2011 federal register of. Emergency planning for mines is an approved code of practice under section 274 of the work health and safety act 2011 whs act. The nsw department of education believes that the provision of a safe working and learning environment for everyone at its workplaces is an integral and essential part of the responsibilities as a provider of public education and other community services. The nsw health policy and guidelines for security risk management in health facilities. Cg3 page 3 of 7 version 01 9 october 2012 document uncontrolled if printed refer to.
According to the law society of nsw, bullying can be defined as. From 1 july 2018 duty holders are required to comply either with an approved code of practice under the whs act or follow another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work. Comcare administers the commonwealth work health and safety act 2011 and work health and safety regulations 2011 and is the national regulator for work. This work health and safety legislation is intended to provide a uniform approach. The result was a model work health and safety act and regulation.
The person conducting a business or undertaking must, so far as is reasonably practicable, consult, in accordance with this division and the regulations, with workers who carry out work for the business or. Meets its obligations under the whs act 2011 an effective whs risk management framework is designed to ensure a planned and coordinated approach to managing health and safety hazards in the workplace. These jurisdictions are well progressed towards implementation. Health and safety act 2011 including any amendment made under the legislation act 2001, part. Notice of that approval was published in the nsw government gazette referring to this code of practice as confined spaces page 7194 on friday 16 december 2011. The work health and safety act 2011 replaced the occupational health and safety act 2000. Introduction this guidance is intended for manufacturers and importers of substances, mixtures and articles who have a duty under the work health and safety whs act and regulations to classify them. Accident, incident reporting and investigation procedure revised october 2018 3 corrective and preventative actions all stake holders involved in the investigation must identify corrective or preventative actions required to prevent the accident or incident reoccurring. How to manage work health and safety risks page 7194 on friday 16 december 2011. Amendments to the work health and safety act 2011 whs act and work health and safety regulation 2017 whs regulation came into effect on 1 july 2019 the whs act was amended to include provisions from the rural workers accommodation act 1969, which was repealed on 1 july 2019 whs regulation amendments were made to increase fees and to better align with the model work health. This policy is in place to assist workers in complying with the work health and safety act 2011 whs act and the work health and safety regulation 2011 whs regulation. This includes the health and safety of anyone who does work for you as well as your customers, visitors and suppliers. Jul 01, 2017 regulation 2011 current as at 1 july 2017 work health and safety act 2011 reprint note warningsome provisions of this legislation are not in operation. This code is based on a national model code of practice developed by safe work australia.
Work health and safety regulation 2011 current as at 30 june 2017 work health and safety act 2011 reprint notes warningsome provisions of this legislation are not in operation. The current version of the model work health and safety whs regulations, dated 15 january 2019, includes all amendments made since 2011. Work health and safety regulation 2011 whs regulation, provide for health and safety in mining in nsw. Collectively these acts and regulations are referred to as work health and safety laws, abbreviated to. Act, a work group may be determined so as to include workers at more than one workplace. Faqs on the introduction of the work health and safety act 2011. Information for industry partners roads and maritime services. Whs act 2011 whs regulation australian standards codes of practice relating to whs. An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the whs act, the work health and safety regulations 2011 whs regulations, work health and safety mines act 20whs mines act and the work health and safety mines regulations 2014 whs mines regulations. Work health and safety regulation 2011 act legislation register. Model code of practice managing the work environment and.
Drive 20 october 2017 28 october 2019 general carrying decision. Audits, using the audit tool, are undertaken of their facilities services over a two. The current version of the model work health and safety whs regulations, dated 9 december 2019, includes all amendments made since 2011. Act, a work group may also be determined to include workers who carry out work for two or more. Industry partners responding to tenders for contracts under the whs specifications g22 pdf, 602kb and g24 pdf, 177kb.
An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the whs act and the work health and safety regulations the. The work health and safety regulation 2017 came into effect on 1 september 2017 it is essentially the same as the 2011 regulation, except for minor changes, including formatting and corrections to typos. The work health and safety regulation 2011 replaced the occupational health and safety regulation 2001. The model work health and safety whs regulations contain detailed. Contents work health and safety act 2011 page 2 subdivision 2 what is reasonably practicable 18 what is reasonably practicable in ensuring health and safety. An act relating to work health and safety, and for related purposes assented to 29 november 2011 the parliament of australia enacts. Both act and regulation replace the former legislation known as the occupational health and safety act 1. It is alleged that on 26 november 2015, ucml and uwo being persons conducting a business or undertaking that each had a health and safety duty under section 191 of the work health and safety act 2011 nsw whs act to ensure, so far as is reasonably practicable, the health and safety of workers while they were at work in the business or undertaking, failed to comply with their duty, and the. Subsequent amendments under section 274 of the nsw work health and safety act 2011. Work health and safety regulation 2017 nsw legislation. Work health and safety regulation 2011 2011674 contents chapter 1 preliminary part. There is also a legal requirement to notify of the abandonment of an underground, partially underground. The object of this regulation is to remake, with no significant changes, the work health and safety regulation 2011, which is repealed on 1 september 2017 under section 10 2 of the subordinate legislation act 1989.
In nsw, a union can commence a prosecution of category 1 and 2. Work health and safety consultation, cooperation and coordination code of practice 2011 pn11158 page 4 of 27 foreword the work health and safety consultation, cooperation and coordination code of practice is an approved code of practice under section 274 of the work health and safety act 2011. Guide to interpretation of principal contractor and roads. Work health and safety mines regulation 2014 whs mines regulation which, together with the. Work health and safety regulation 2011 nsw contents page page 3 2011 no 674 current version for. This document focuses on the duties owed to workers in whs. It has been developed so that officers as defined in section 1. Work health and safety regulation 2011 clause 79 current version for 2. The work health and safety act 2011 came into effect on 1 january 2012 and the work health and safety regulation 2017 commenced on 1 september 2017 the whs legislation applies to all workplaces in nsw, including mines.
Victoria managing ohs, when other jurisdictions have. If a risk at your workplace is not covered by the regulation or code of practice then you must choose. This must include sitespecific health and safety rules. As defined in s7 of the nsw whs act 2011 4 key responsibilities position directorate responsibility mayor council to lead councillors in their understanding of and compliance with this policy and related procedures. The main objective of the workplace health and safety regulation 2011 is to give effect to the model whs regulations and to mirror the model. Amendments to the work health and safety act 2011 whs act and work health and safety regulation 2017 whs regulation came into effect on 1 july 2019 the whs act was amended to include provisions from the rural workers accommodation act 1969, which was repealed on 1 july 2019 whs regulation amendments were made to increase fees and to better align with the model work health and safety. The legislation can be found on the nsw legislation website. The amendments to the model whs regulations do not automatically apply in a jurisdiction. The work health and safety whs objectives for the period 2012 to 2015 have been developed to assist the. A critical part of this is dealing with fires on construction sites. Work health and safety act 2011 whs act imposes several obligations on duty holders to ensure the health and safety of workers and others.
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