NSW Work Health Safety Legislation Updates

  1. New WHS Code of Practice: Managing Risks in Stevedoring
  • Offers useful guidance for Employers in the stevedoring industry to review and update their WHS systems.
  • Provides direction regarding management of the safety risks involved with stevedoring activities such as: loading or unloading vessel cargo; stacking and storing on wharves; and receiving and delivering cargo within terminals or facilities.
  1. Work Health and Safety Amendment (Miscellaneous) Regulation 2017 
  • References to Australian Code for the Transport of Dangerous Goods by Road and Rail will now always refer to the most recent edition.
  • Rail Safety National Law (NSW) is now added to the list of prescribed Acts that certain confidentiality provisions of the WHS Act do not apply to.
  1. Building Products (Safety) Bill 2017 

These new laws were flagged in July 2017 in response to the Grenfell Tower fire in the UK in June 2017, aiming to reduce the serious safety risks posed with unsafe building materials. The new laws provide for:

Enhanced Fair Trade Commissioner Powers

  • Power to prohibit the use of building products if it is decided that the product is unsafe;
  • Power to request company records to track and locate dangerous building products; and
  • Power to block the use of combustible cladding in high-rise residential buildings.

Heavy Penalties

  • Breaches of bans will expose companies to fines of $1.1 million and $220,000 for individuals; and
  • Failing to comply with a document request will be a criminal offence with fines of up to $11,000

Should you have any questions regarding the updates to NSW Work Health Safety Legislation in 2017, please do not hesitate to contact Nick Stevens, Megan Cant or Isabella Paganin.

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