“We have a health and safety committee” does not mean “We have Consultation covered”
A health and safety committee doesn't replace other consultation systems or procedures. Consultation must be able to occur any day ....
WHS duties are non-delegable
Not Only are WHS Duties “Not Transferrable” … but it is also illegal to subcontract out WHS duties too!
Psychosocial Risks are now in WHS Regulation
On the 1st of October 2022 four new clauses about psychosocial risks became part of WHS law in NSW. ...
Enforceable Undertaking $1.4 Million with Industry & Community Benefits
When a PCBU (business, organisation, corporation) has entered into an enforceable undertaking with SafeWork NSW it means that SafeWork...
Doing a gap analysis may save you from prosecution
In the unfortunate event of there being a WHS incident in your workplace, SafeWork NSW may come out to investigate. When SafeWork NSW...
Officer ordered to have "Due Diligence" training
Up until this time it has been rare to see an Officer of a business or organisation prosecuted, fined and given an order to do WHS training.
Is vaping in the office ok?
SafeWork NSW states that environmental e-cigarette vapour, second-hand e-cigarette vapour or passive vaping should be treated ...
What is a Reasonably Foreseeable Hazard?
As you know, a PCBU has a duty under Section 19 of the WHS Act to ensure, so far as "reasonably practicable", the health and safety of...
WHS Due Diligence Reviews are Important
The importance of reviewing your WHS management system and ensuring that directors demonstrate their WHS "due diligence" requirements .....
Why the Judge Convicted the Officer
In a Sydney District Court judgement on the 2nd of November 2017 an Officer was convicted of failing to comply with his duty to exercise ...
"Yes... but can you prove it?"
In 2017, SafeWork NSW inspectors did a crackdown on WHS consultation compliance. They were focused on businesses being able to provide...
A Fatal Lack of Officer Due Diligence
Two prosecutions of companies and their Officers under the Model WHS Laws may be of interest to anyone who is an Officer themselves. An Offi
$1 Million WHS Prosecution Sets NSW Record High
In early May 2017 the NSW District Court fined a company $1 million for breaches of section 19 of the NSW WHS Act. This is the highest...