Work Health and Safety harmonisation continues with more states expected to commence their legislation in 2013. Further Codes of Practice will also be published later this year and in 2013.
Jurisdiction update
The jurisdictions which commenced the new Work Health and Safety Act 2011 (or equivalent) ("WHS Act") on 1 January 2012 are:
- Commonwealth;
- Australian Capital Territory;
- New South Wales;
- Northern Territory; and
- Queensland.
The jurisdictions which are expected to commence the new WHS Act on 1 January 2013 are:
- South Australia;
- Tasmania;
- Victoria; and
- Western Australia.
Codes of Practice
The following Codes of Practice are approved by Safe Work Australia and have been in effect since January 2012:
- How to Manage Work Health and Safety Risks;
- Hazardous Manual Tasks;
- Managing the Risk of Falls at Workplaces;
- Labelling of Workplace Hazardous Chemicals;
- Preparation of Safety Data Sheets for Hazardous Chemicals;
- Confined Spaces;
- Managing Noise and Preventing Hearing Loss at Work;
- Managing the Work Environment and Facilities;
- Work Health and Safety Consultation Cooperation and Coordination;
- How to Safely Remove Asbestos; and
- How to Manage and Control Asbestos in the Workplace.
The remaining second-stage Codes of Practice have recently taken effect:
- First Aid in the Workplace;
- Construction Work;
- Preventing Falls in Housing Construction;
- Managing the Risks of Plant in the Workplace;
- Managing Risks of Hazardous Chemicals in the Workplace;
- Safe Design of Structures;
- Managing Electrical Risks in the Workplace;
- Demolition Work;
- Excavation Work; and
- Welding Processes.
According to Safe Work Australia, the remaining two Codes of Practice are in the final stages of editing and design and are expected to be available for public consultation soon. They are as follows:
- Spray Painting and Powder Coating; and
- Abrasive Blasting.
Also, the Preventing and Managing Fatigue in the Workplace and Preventing and Responding to Workplace Bullying draft model Codes of Practice are currently being revised based on public comment. They are expected to be finalised in the second half of 2012.
An approved Code of Practice is admissible in proceedings as evidence of whether or not a duty under the WHS Act has been complied with. The Court may have regard to a Code as evidence of what is known about a hazard and rely on the Code in determining what is reasonably practicable in the circumstances to which the Code relates.
What should businesses do?
Businesses should continue to review their WHS management systems to comply with the new legislation, regulations and especially the new Codes of Practice.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.