This legislation is designed to protect the health and welfare of members of the nsw community. Together with the nsw environment and protection authority epa, we administer, provide advice and monitor and enforce compliance with the dangerous goods road and rail transport act 2008. 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. An evaluation of a trade union training campaign 3 rules and systems that employers must follow to creating a duty of care. The duties employees workers have under the 2004 act are basically the same as under the earlier 1985 act. The kit provides advice on where to start and how to incorporate safety management into business operations. This includes the health and safety of anyone who does work for you as well as your customers, visitors and suppliers. Some legislation is general in nature and applies across multiple industries in a jurisdiction whilst other legislation applies just to specific industries, for example the maritime industry or the offshore petroleum industry. New south wales work health and safety regulation 2011 contents page historical version for.
Pspohs608a conduct an ohs audit pspohs609a evaluate an organisations ohs performance. In nsw, a union can commence a prosecution of category 1 and 2. The work health and safety act 2011 nsw the act provides a framework to protect the health, safety and welfare of all workers and others in relation to nsw workplaces and work activities. Victoria managing ohs, when other jurisdictions have. Comcare administers the commonwealth work health and safety act 2011 and work health and safety regulations 2011 and is the national regulator for work. Regulations set out specific requirements for particular hazards and risks, such as noise, machinery, and manual handling. New south wales occupational health and safety regulation 2001 under the occupational health and safety act 2000 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.
Welcome to workcovers small business safety starter kit. Guide to the occupational health and safety regulations 2017. The management of occupational health and safety in the. This kit has been designed to assist small employers i. New south wales work health and safety regulation 2017 under the work health and safety act 2011 published lw 11 august 2017 2017 no 404 his excellency the governor, with the advice of the executive council, has made the following regulation under the work health and safety act 2011. Model work health and safety regulations safe work australia. For most people in canada, the agency that you would contact is the provincial or territorial agency in the area where you work. Manual handling guide for nurses a policy guide for the management of. Ohs acts, legislation and regulations you need to know the ohs legislation that covers you and your workplace.
Understanding the work health and safety act a practical guide. The following laws apply to all nsw mines and petroleum sites. In the overview you will also find information on related legislation, and a list of the regulations and codes of practice. Whs governance, accountabilities and responsibilities 2 contents introduction 3 purpose 4 scope and context 4 system requirements 4 whs governance 5 1. Matt kean, mp minister for innovation and better regulation. For more information on this, see the page on reckless endangerment in this section. Provisions in force the provisions displayed in this version of the legislation have all commenced. The act addresses a range of public health matters, such as notification of diseases and conditions and the regulation of areas that have the potential to affect public health, such as drinking water, water. Find out work health and safety whs legal requirements that apply. That said, others may also be accountable and therefore no workplace participant should think, or be allowed to think that safety is someone elses responsibility. 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 regulation 2017 nsw contents page published lw 11 august 2017 2017 no 404 division 2 general diving workfitness and competence of worker 168 person conducting business or undertaking must ensure fitness of workers 106 169 certificate of medical fitness 106 170 duty to keep certificate of medical fitness 107.
New south wales legislation ohs legislation workplaceohs. Auditors are independent of the activity they are auditing. All legislation for nsw mining workplaces nsw resources and. Regulations are law, and must be complied with, whereas codes are not law, but advice on how to comply. Status information currency of version historical version for january 2012 to 5 july 2012 generated 22 may 20 at 11. Ohs legislation and or regulations pertaining to that state or territory whether specifically mentioned or not in the specification. This publication does not represent a comprehensive statement of the law as it applies to particular problems or to individuals or as a substitute for. Nsw legislation apprenticeship and traineeship act 2001 no 80. Ohs legislation that is specific to industry sectors and risk areas is in operation in various jurisdictions throughout australia, in areas including mining, petroleum and gas, seafaring, electricity and heavy vehicle transport. The whs legislation applies to all workplaces in nsw, including mines. Explosives legislation the use of explosives in all nsw workplaces is covered by the explosives act 2003 and explosives regulation 20. Changes in the occupational health and safety regulations 2017 compared with the previous 2007 regulations.
Associate member, national research centre for ohs regulation. There are fourteen jurisdictions in canada one federal, ten provincial and three territorial each having its own occupational health and safety legislation. For an overview of the system, and more background information, see ohs and related information. Refer to the whs mines and petroleum sites legislation page for a more detailed definition of the term. 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. It enforces occupational health and safety legislation through.
All legislation for nsw mining workplaces nsw resources. The commonwealth, queensland, new south wales january 2012. Auditors undertake at least two audits during the twoyear audit cycle in order to maintain their skills and to keep uptodate on current work health and safety. Victorias new ohs regulations 2017 safety dimensions. In other cases, some legislation, like that applying to rail and heavy vehicles applies in addition to general legislation. This means relevant ohs acts, regulations, codes of practice and safety standards.
A mine is where mining operations are carried out or a tourist mine. New south wales status information currency of version current version for 1 january 2018 to date accessed 4 january 2018 at 11. The legislation can be found on the nsw legislation website. This is a generic document and must be used as a guide only. Work health and safety regulation 2011 nsw legislation. Whs governance, accountabilities and responsibilities.
A person appointed by workcover nsw and given powers to enforce whs and. This sets out the basic requirements that people in the workplace must follow. Code of practice occupational safety and health in the public sector code of practice occupational safety and. Manual handling guide for nurses a policy guide for the management of patient and other. Occupational health and safety act 2000 nsw legislation.
Read the information sheet changes to radiation control act affecting mining related activities 145 kb pdf. Nsw legislation introduction if youd like to view any nsw government acts, regulations, planning instruments or other statutory instruments, you can do this online at the nsw legislation website. Legislation on the nsw legislation website is usually updated within 3 working days. This guide gives you information about what has changed, how it will affect you, and what you need to do to ensure you are. Nsw work health safety legislation updates stevens. Legislation on this site is usually updated within 3 working days after a change to the legislation. Under australian whs laws your business must ensure the health and. New south wales work health and safety act 2011 no 10 status information currency of version historical version for 7 june 2011 to 27 november 2011 generated 6 december 2011 at. Free whs manual template workplace health and safety australia. Legislation in many of these areas has evolved in recent years to adopt concepts and principles of the whs act. In ohs legislation, accountability for workplace health and safety rests with the management of a business. After a 2009 scoping study, worksafe victoria provided funding to support a national project to develop and implement a core body of knowledge for generalist ohs professionals in australia. In such cases any references in the specification to nsw legislation shall be taken as including legislation pertaining to that state or territory. As a duty holder, you are required to understand the changes in the ohs regulations 2017 and how they apply to you.
Office and published on the nsw legislation website. These jurisdictions are well progressed towards implementation. Audit checklist for ohs consultation for nsw mines. Work health and safety regulation 2017 nsw legislation. Work health and safety whs laws based on national model legislation now apply in the commonwealth and in all australian states and territories except victoria and western australia, where earlier occupational health and safety ohs laws still apply. It should be modified to suit unique conditions and any legislation applicable at your site. Ohs act provides the rules and legislation to be abided by all workplaces, to ensure the health, safety and welfare of all persons at work in the state of new south wales, australia. The work health and safety regulation 2017 came into effect on 1 september 2017. Apply ohs legislation the main piece of health and safety legislation in nsw is the occupational health and safety ohs act 2000. A petroleum site is a place where petroleum operations are carried out. The one difference is that workers, like employers and other parties, can now be charged under the new offence of reckless endangerment. Nsw legislation 363 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. Work health and safety essentials for nurses and midwives. The management of occupational health and safety in the australian mining industry mining ohs legislation in australia development and harmonisation historically, each state and territory in australia has managed ohs separately, with its own general legislation applicable to most workplaces.
It is essentially the same as the 2011 regulation, except for minor changes, including formatting and corrections to typos. An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under work health and safety laws. For the model whs regulations, including any amendments, to have effect in a jurisdiction, they must be made in that jurisdiction. This general legislation was often supplemented by. Work health and safety regulation 2017 safework nsw. New national legislation renamed ohs to whs in 2012, however, not all states have adopted the national legislation. We administer acts and regulations relating to work health and safety whs, explosives and the transportation of dangerous goods. Instructions for use the assessment process is a collaborative exercise designed to assist mines to comply with current safety legislation.
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