Implementation and

future challenges -

Model WHS Legislation

Wayne Creaser

Safety in Action 2013, Sydney, 3-4 September

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Overview

• Implementation

• Act

• Regulations

• Codes of Practice

• Future work

• Australian Strategy

Implementation

• ACT, NSW, NT, Queensland, Commonwealth –

commenced 1 January 2012

• SA, Tasmania - commenced 1 January 2013

• WA

• Victoria

• Model WHS legislation currently covers about 64% of the

population

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Model WHS Act

• Further clarification/explanation of the policy intent

around PCBU and workers and their application for

some specific niche sectors

• Clarifying and correcting misinformation about who are

officers and about officer duties

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Model WHS Regulations

• Ongoing technical amendments to ensure policy

correctly reflected and to correct technical or drafting

errors

• Mining regulations (core)

– Ministerial agreement and implementation

• Fundamental review of areas of regulation –

– exposure standards

– health monitoring

– plant design requirements

– high risk work licensing

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Model WHS Regulations (cont.)

• Maintaining referenced documents –

– GHS

– exposure standards

– referenced Australian Standards

• Translating Major Hazard Facility tables to the equivalent

GHS categories

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Model WHS Codes of Practice

• Finalisation of the harmonised codes

• Applicability of codes to small businesses

• Review and revision of codes

– Construction code

• Development of some further codes underway

– Bullying

– Stevedoring

• Develop new codes in areas agreed by members

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Guidance

• Continue to develop and expand range of interpretative

and technical guidance

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Current and future work

• HWSA to continue implementation programs:

– developing regulator material for consistent

implementation

– alignment of existing guidance material

– regulator training and compliance guidance

– consistent interpretation of technical matters

• Evaluation of implementation for effectiveness

– will be used to inform reviews

• Implement the Australian Work Health and Safety

Strategy 2012 - 2020

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Overview of the Australian Strategy

Purpose

• To drive key national activities to improve work

health and safety

• Aimed at national, state and local governments,

regulators, industry, unions and other

organisations which in turn will influence

everyday work and workplaces across Australia

Targets and Performance

Indicators

• 20 percent decrease in fatalities

• 30 percent reduction in injuries

• 30 percent reduction in claims for musculoskeletal

disorders

• Performance indicators (as data becomes available)

– Exposure to hazards

– Type and effectiveness of workplace controls

– Infrastructure improvements

– Skills and attitudes

Action Area Strategic Outcomes

Healthy and Safe by

Design Hazards are eliminated or minimised by design

Supply Chains and

Networks Improved work health and safety through supply chains and networks

Health and Safety

Capabilities Improved work health and safety capabilities

Leadership and Culture Leaders in communities and organisations promote a positive culture for health

and safety

Research and Evaluation Evidence informed policy, programs and practice

Government Governments improve work health and safety

Responsive and Effective

Regulatory Framework

The regulatory framework improves effectiveness by responding and adapting to

changing circumstances

Industries (broad sectors)

• agriculture

• transport

• manufacturing

• construction

• accommodation

• public administration

• health

National priorities - industries

National priorities - disorders

Work-related disorders

• musculoskeletal

disorders

• mental disorders

• asthma

• cancer

• contact dermatitis

• noise-induced hearing

loss

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Further Information

General information

www.safeworkaustralia.gov.au