• Work Health and Safety Legislation

    Work Health and Safety Legislation

    Transitional arrangements have been put in place in NSW to support businesses, industry and workers move to a new system of work health and safety laws.

    These arrangements started on 1 January 2012.

    These transitional arrangements are based on nationally agreed transitional principles by all jurisdictions.

    In summary they provide for:

    • recognition of existing information, records or other documentation that is substantially the same as work health and safety (WHS) requirements
    • transitional periods of 12 - 18 months where there is a change in training requirements
    • only requiring retraining or reassessment if the requirements are substantially different
    • transitional periods of 6 - 12 months (in most cases 12 months) where a duty or requirement is new and
    • up to 24 months for some new obligations where industry might have difficulty in complying for reasons beyond their control

    The transitional arrangements which are already in place are:

    • changing to the new consultation arrangements
    • plant, substances and structures
    • pesticides and fumigant licensing
    • general risk and workplacement management
    • hazardous work
    • changes to high risk work licenses
    • plant and structures - including plant design and plant item registrations
    • construction work
    • hazardous chemicals - including changes to dangerous goods, use of carcinogens, lead risk work changes and pipelines
    • asbestos - including changes to permits, licensed asbestos assessors and other changes
    • demolition - including changes to permits
      • Work Health and Safety Act 2011
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      • Work Health and Safety Regulations 2011
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  • Codes of Practice

    A code of practice provides details on how to achieve the standards required under the work health and safety (WHS) legislation, by identifying hazards and managing risks.

    Under the Work Health and Safety Act 2011 (WHS Act), codes of practice are admissible in court proceedings.  Courts may regard a code of practice as evidence of what is known about a hazard, risk or control, and rely on it to determine what is reasonably practicable in the circumstances.  A person cannot be prosecuted for failing to comply with a code of practice.

    A person with duties under the WHS Act can comply with their duties by following another method, such as a technical or industry standards, if it provides a standard of work health and safety equivalent to, or higher than, the code of practice.

    An inspector can refer to an approved code of practice when issuing an improvement or prohibition notice and can offer the person to whom the notice is issued a choice of ways in which to remedy the contravention.

      • Stage 1 - Confined Spaces - 3558
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      • Stage 1 - Fatigue Prevention in the Workplace - 5581
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      • Stage 1 - Hazardous Manual Tasks - 3559
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      • Stage 1 - How to Manage and Control Asbestos in the Workplace - 3560
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      • Stage 1 - How to Manage Work Health and Safety Risks - 3565
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      • Stage 1 - How to Safely Remove Asbestos - 3561
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      • Stage 1 - Labelling Workplace Hazardous Chemicals - 3562
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      • Stage 1 - Managing Noise and Preventing Hearing Loss at Work - 3563
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      • Stage 1 - Managing the Risk of Falls at Workplaces - 3566
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      • Stage 1 - Managing the Work Environment and Facilities - 3567
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      • Stage 1 - Work Health and Safety Consultation, Co-ordination and Co-operation - 3563
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      • Stage 2 - Abrasive Blasting - 3957
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      • Stage 2 - Construction Work - 3842
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      • Stage 2 - Demolition Work - 3841
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      • Stage 2 - Excavation Work - 3840
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      • Stage 2 - First Aid in the Workplace - 3834
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      • Stage 2 - Managing Electrical Risk in the Workplace - 3836
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      • Stage 2 - Managing Risks of Hazardous Chemicals in the Workplace - 3837
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      • Stage 2 - Managing the Risks of Plant in the Workplace - 3838
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      • Stage 2 - Preventing Falls in House Construction - 3835
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