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WHS and OHS Regulatory Update: June 2023

Welcome to your quarterly regulatory update.

As an officer in your business, you have a personal responsibility under WHS law to take reasonable steps to ensure your business is a safe place to work. To help you meet this obligation, it is important to maintain current knowledge of WHS matters as they apply to your business.

This bulletin provides you with an overview of key amendments to Australian WHS and OHS legislation in the last 12 months, as well as any relevant material prepared by the safety regulators at that time. The laws are not always amended frequently, so we will let you know when they change.

Amendments to Legislation

Around October 2022, WHS and OHS regulations were amended to include new provisions for managing psychosocial risks in the workplace. These amendments included defining the terms ‘psychosocial hazard’ and ‘psychosocial risk’ and setting out the appropriate control measures that a business is required to implement to manage those risks.

Together with this update, you should have received a link to a LegalVision webinar on general psychosocial hazards which was made with these amendments in mind. Please carefully consider the matters raised in the webinar and ensure that your business has processes and procedures in place to handle psychosocial risks.

At a minimum, you should ensure you have:

    • a risk assessment process;
    • a control process (i.e. a process in place to eliminate or minimise psychosocial risks);
    • a consultation process: this can be a varied process ranging from informal consultation through one on one manager meetings, to workplace surveys (anonymous or otherwise), toolbox safety meetings; and
    • policies and procedures which are readily available to all workers so they are aware of their obligations and have an avenue to raise issues in relation to workplace health and safety.

Beyond that, there have been no material amendments to the WHS or Victorian OHS legislation in the last 12 months other than in relation to businesses working with the manufacturing or installation of Engineered Stone. Please contact us if this is relevant to your business.

Recent SafeWork Australia Materials

Beyond the legislation, SafeWork releases various materials which set out best practices in relation to health and safety as well as information on particular hazards.

We have identified the following recently released or updated Safe Work Australia materials that are relevant to your role as an officer of your business.

SafeWork Australia MaterialsSummary
Model Code of Practice: Managing psychosocial hazards at workThis Model Code of Practice provides information on what constitutes a psychosocial hazard in the workplace and provides guidance for businesses on implementing controls to eliminate or minimise those risks. 
Model Code of Practice: Work health and safety consultation, cooperation and coordinationA business has an express obligation to consult with its workers in relation to health and safety matters. This Model Code of Practice describes how to, why and when to consult with your workers.
Factsheet: Duty to consult, cooperate and coordinate with other duty holdersThis fact sheet summarises the obligations set out in the Code of Practice above.
Information Sheet: COVID-19: How to minimise the risks at workCovid-19 still presents a risk to health and safety in all businesses. Even though this risk is not as critical as it has been in recent years, your business should still consider how it can minimise this risk to health and safety. This information sheet sets out some steps you may choose to implement.

Questions?

Your business is a client of LegalVision. If you have any questions in relation to work health safety matters including officers’ obligations, or the business’ obligations, your business can book in and speak to us.

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James True

James True

Practice Group Leader | View profile

James is a Practice Group Leader in LegalVision’s Employment team. He advises across all areas of employment, including employment and independent contractor agreements, termination of employment (including redundancy and unlawful termination), employment disputes, investigations, modern awards, work health safety obligations and notifiable incidents. Prior to joining LegalVision, James spent almost 10 years working in private practice across employment and work health safety.

Qualifications: Bachelor of Laws, Graduate Diploma of Legal Practice, Macquarie University.

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