In Short
- The Work Health and Safety Regulation 2017 (NSW) is set for repeal in September 2025 unless remade. Employers were invited to provide input during a recent consultation period.
- From March 2025, Queensland businesses must prepare prevention plans for managing risks related to sexual harassment.
- A NSW business was fined $165,000 after a workplace incident involving an unlicensed forklift operator, highlighting the need for proper training, authorisation and incident reporting.
Tips for Businesses
Ensure all workers operating high-risk equipment have the required licences and training and document their competency. Establish clear procedures for reporting and preserving incident sites, and train staff accordingly. Review WHS policies regularly to stay compliant with legislative changes, including new risk management requirements in Queensland and the pending WHS regulation review in NSW.
Table of Contents
Officers have a continuous duty to keep their organisations compliant and stay informed about work health and safety matters. This update covers recent developments to help officers meet their obligations and stay up to date with WHS changes.
Legislative Update
There have not been any significant amendments to legislation in the past month.
However, the Work Health and Safety Regulation 2017 (NSW) is due for automatic repeal on 1 September 2025 unless it is remade, with or without changes. Employers were encouraged to have their say through consultation, which was open from 4 February 2025 to 12 March 2025. This consultation was generally divided into two parts:
- part 1: Consultation on WHS Regulation remake 2017 (NSW-specific WHS regulations); and
- part 2: Consultation on the Model WHS Regulations (National WHS regulations).
Further information relating to the scope of this consultation and the amendments proposed can be found in the Work Health and Safety Regulation consultation discussion paper.
Tropical Cyclone Alfred
Our thoughts are with all those impacted by Tropical Cyclone Alfred. While the immediate focus during storms, floods and cyclones is on protecting life and property, it remains important to comply with your WHS obligations and consider reasonable risk control measures. This page provides helpful guidelines for what to do during and after a natural disaster.
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Cases and Incidents
In a recent decision of the District Court of New South Wales, a small family-owned manufacturing company, its director and operations manager were sentenced and fined after pleading guilty to offences under the Work Health and Safety Act 2011 (NSW) (‘Act’).
1. What Happened?
The incident occurred when the operations manager, who lacked the required high-risk work license, was operating a forklift in the company’s loading area. The forklift collided with an employee, causing serious leg injuries, including a fractured fibula and syndesmosis injury.
The company did not notify SafeWork of the incident. SafeWork was not notified until 3 days later when they were notified by the injured employee. After an initial inspection by SafeWork, the inspectors observed that the site had been disturbed ad the forklift had been removed from the incident site.
The company had basic safety measures in place, such as warning signs and induction processes. However, during the investigation, it became apparent that prior to the incident, the company:
- did not have a system in place to notify all notifiable incidents to SafeWork;
- did not provide workers instruction or training on operating a forklift in the vicinity of pedestrians; and
- was aware that forklifts were being operated by workers who did not hold the relevant high-risk work licences.
2. What Was the Outcome?
The company was convicted on four charges with fines totaling $165,000 for:
- failing to comply with a health and safety duty;
- failing to notify the regulator;
- failing to preserve the incident site; and
- allowing an unauthorised worker to operate equipment.
The director was convicted for failing to exercise due diligence in upholding their health and safety duty and fined $45,000.
The operations manager was convicted on two charges, for failing to comply with a health and safety duty and for operating equipment without authorisation. The operations manager was fined a total of $5,000 and required to complete Certificate IV in Work Health and Safety Course at TAFE NSW on or before 18 February 2026.
3. Key Takeaways
This case highlights several critical lessons for businesses and employers:
- Comprehensive Training and Authorisation: Ensure all workers, including temporary and labour hire workers, receive thorough training and induction specific to their roles and the equipment they will be operating. Furthermore, businesses must ensure that all workers operating high-risk equipment have the required authorisation and licences. Employers should document this training and regularly assess worker competency.
- Effective Communication of Safety Procedures: Develop clear, accessible safety procedures and ensure they are effectively communicated to all workers.
- Incident Response: Develop clear procedures for reporting notifiable incidents to the regulator and train staff on preserving incident sites for investigation. Ensure all levels of management understand their obligations following an incident.
By learning from this incident and implementing robust reporting systems, employers can significantly reduce the risk of similar incidents occurring in their workplaces, protecting their workers and their businesses.
Questions?
If you need legal assistance with a WHS matter or need help identifying an officer, book a consultation call on Prism. As a member, you can request unlimited legal advice consultations.
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