How SafeWork NSW Decides on Compliance & Enforcement Action
If a SafeWork NSW Inspector found evidence of a breach of WHS laws in a workplace, the Inspector would carry out the next steps according to the National Compliance and Enforcement Policy.
On 10 August 2011, Commonwealth, State, and Territory Governments agreed that WHS Regulators would apply this Policy when monitoring and enforcing compliance with the WHS Act and Regulations. (The diagram and quotations in this article come from this Policy.) This has been in place all this time.
Compliance & enforcement tools
“A number of measures are available to regulators to compel a duty holder to remedy any identified contravention and to sanction a contravening duty holder. These measures may be used alone or in combination.”
“The following diagram represents, in the general sense, the relative volume or proportionate use of these tools and the ability to escalate if an initial intervention does not achieve the desired outcome”
Recommendation
For further information, or for help with your WHS management system, please feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066.
(Reviewed and updated 14 August 2024)
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