SafeWork Australia has issued a revised version of the model Work Health and Safety Regulations (Regulations).
The Regulations are not yet in force, but will introduce the following key changes if they are adopted in each jurisdiction:
- render all concrete immobile placing booms registrable
- remove the requirement for supervisors named in Class A asbestos removal licence applications to hold VET course certificates in respect of non-friable asbestos
- permit regulators to require high risk workers to undertake further VET courses
- relax the requirement for regulators to consider curricula and the qualifications, knowledge and experience of persons providing training to Work Health and Safety entry permit holders
- permit certified workers to carry out high risk work whilst they are waiting for their licence applications to be approved
- enable regulators to impose conditions on high risk work licences and to suspend or cancel a licence if they are not complied with
- allow jurisdictions to regulate work on energised electrical equipment more flexibly
- amend the competency requirements for general diving work
- prescribe a new regime for the major inspection of registered plant
- remove the registration requirement in respect of the design of certain relocated tower and gantry cranes
- the regulator's cancellation of design and plant registrations (in some cases irrespective of whether the registration holder has made a submission as to whether cancellation should take place)
- disapply certain asbestos register obligations in respect of residential premises used only for residential purposes.
SafeWork Australia says that the changes are intended to address concerns about the workability of the previous Regulations.
Further policy changes regarding Falling Objects and Roll Over Protective Systems on earthmoving equipment and the requirements for design verifiers, are currently before the Ministerial Council for approval.
Each of the harmonised jurisdictions (that is, Queensland, New South Wales, the Australian Capital Territory, the Northern Territory, South Australia and Tasmania) must consider adopting the altered provisions, although when each will do so (and any jurisdictional amendments they propose to make) is currently unclear.
In any event, all persons conducting a business or undertaking in a harmonised jurisdiction should determine whether their existing safety management systems comply with the new Regulations and consider making any necessary revisions as soon as practicable.
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.
