New WHS laws

New 
Work Health & Safety Laws

From 1 January 2012 a new  harmonised approach to Workplace, Health & Safety in Australia takes effect in ACT, Commonwealth, NSW, NT and Queensland.  Each jurisdiction is still  responsible for its own legislation but each will be based on the model WHS Acts and Regulations to ensure a consistent approach to WHS across jurisdictions.

The model Work Health and Safety legislation package consists of a model Work Health and Safety (WHS) Act, supported by model Work Health and Safety (WHS) Regulations, and model Codes of Practice.  These are listed in the table below.  This package was developed by Safe Work Australia. 

Safe Work Australia is the national policy body responsible for the development and evaluation of the model Work Health and Safety laws. The Commonwealth, states and territories are responsible for regulating and enforcing work health and safety laws in their jurisdictions.

The Work Health and Safety legislation and 11 Codes of Practice came into effect on 1 January 2012 in New South Wales, Queensland, the Australian Capital Territory, the Commonwealth and the Northern Territory. Links to the legislation packages in these jurisdictions are listed under the tab for "News & Progress on WHS legislation".
 

Please note that the Model WHS Regulations listed below are dated 4th November, 2011. These have been subject to technical amendment since this date.   A Decision RIS (Regulatory Impact Statement) has also been released by Safe Work Australia and is dated 7th November, 2011.  There is also a National Compliance and Enforcement Policy to ensure compliance is approached consistently across jurisdictions wherever possible.

 

Document Title
   About Access Documents
Model WHS Act  The Model Act was released by SafeWork Australia in April 2010. Each jurisdiction is expected to consider and adopt the Model WHS Act. Model WHS Act
Model WHS Regulation The draft Regulations released by Safe Work Australia is proposed to accompany the WHS Act. Model WHS Regulations
 How To Manage Work Health Safety
Risks		 A draft Code of Practice is intended to provide a guide to complying with requirements of WHS Regulations.  It should include steps required to implement provisions and what information may be required. It should also outline examples of hazards and managing risk.  How To manage Work Health Safety Risks
WHS Consultation, Co-operation & Co-ordination A draft Code of Practice is intended to provide a  guide to complying with requirements of WHS Regulations. This draft Code Of Practice outlines consultation on workplace health and safety matters. WHS Consultation, Co-operation & Co-ordination
 Managing Noise & Preventing  Hearing Loss At Work A draft Code of Practice is intended to provide a guide to complying with requirements of WHS Regulations. This draft Code of Practice sets out what actions can be taken to reduce the risk of hearing impairment from hazardous noise and related hazards in the workplace. Managing Noise & Preventing  Hearing Loss In The Workplace
 Managing The Work Environment & Facilities A draft Code of Practice is applicable to all parties who have some control over workplaces including person in control of business or undertaking, manager in control, principal contractor, designer, manufacturer, importer or supplier. This Code provides guidance about ensuring the physical workplace is without risks to health and safety so far as is reasonably practicable and that adeuqate facilities are provided Managing The Work Environment & Facilities
 Hazardous Manual Tasks A draft Code of Practice that applies to all workplaces where manual tasks are conducted.  This draft Code of Practice is intended to provide a guide to complying with requirements of WHS Regulations to  minimise the risk of musculoskeletal disorders as a result of those manual tasks. Hazardous Manual Tasks
 Confined Spaces This draft Code of Practice is intended to provide a  guide to complying with requirements of WHS Regulations.  This draft Code includes  what is a 'confined space' under the WHS Act, what are the potential hazards and how to minimise the risks so far as is reasonably practicable.  Confined Spaces
 How To Manage and Control Asbestos In The Workplace This draft Code of Practice is for anyone with a duty of care in relation to asbestos in the workplace as defined by the WHS Act. This draft Code outlines  how  to minimise  the risks  of asbestos related diseases so far as is reasonably practicable.  How To Manage and Control Asbestos In The Workplace
Managing the Risk of Falls at Workplaces 
This draft Code of Practice provides guidance to persons conducting a business or undertaking, including those persons who design, construct, import, supply or install plant or structures, on how to manage health and safety risks arising from falls. This Code applies to all situations where there is a risk of a fall by a person from one level to another that is reasonably likely to cause injury.
 Managing the Risk of Falls at Workplaces
 How To Safely Remove Asbestos This draft Code of Practice provides guidance for controlled, safer removal and how to minimise the risks so far as is reasonably practicable.  How To Safely Remove Asbestos
 Labelling Of Workplace Hazardous Materials This draft Code of Practice provides a guide on minimising hazards to workplace health and safety from any chemical in the workplace, particularly substances, mixtures and articles defined as hazardous chemicals and used, handled or stored at the workplace.  Labelling Of Hazardous Chemicals In The Workplace
 Preparation Of Safety Data Sheets For Hazardous Chemicals This draft Code of Practice provides practical guidance for manufacturers and importers of hazardous chemicals on the information that should be included in safety sheets for these chemicals. Preparation of Safety Data Sheets For Hazardous Chemicals

Document Title
   About Access Documents
SWA Summary of the model WHS  Act

 The Model Act was released by SafeWork Australia in April 2010. Each jurisdiction is expected to consider and adopt the Model WHS Act.

This SWA summary highlights key provisions of the model WHS Bill relesaed under SWA Fact Sheets

 Summary of the model WHS  Act
Transitional Arrangements

 Safe Work Australia has developed transitional principles that set out how arrangements under existing work health and safety (WHS) legislation are intended to transition to the new system. This will ensure a co-ordinated approach is taken to implementation following commencement of the model WHS Act, and that so far as possible all jurisdictions adopt harmonised transitional arrangements.
 

 Transitional Arrangements
SWA Guide to model WHS Regulations  This Guide provides an overview of the structure of the model WHS Regulations. Cross re ferences to relevant additional Regulations are provided by the Guide, as are references to provisions of the model Work Health and Safety Act. This 
Guide will help readers identify what duties or rights are contained in each Part of the
Regulations .		 Guide to model WHS Regulations 

SWA Workplace Exposure Standards for Airborne Contaminants

Substances listed in this SWA document have exposure standards based on health effects for most workers. These exposure standards are guides to be used in the control of occupational health hazards. They should not be used as fine dividing lines between safe and dangerous concentrations of chemicals. They are not a measure of relative toxicity and should not be applied in the control of community air pollution.


Interpretation of the exposure standards should be undertaken by an appropriately qualified and
experienced person.

Guidance Note on the Interpretation of WorkPlace Exposure Standards should be read in conjunction with the SWA WES document

 

SWA Workplace Exposure Standards for Airborne Contaminants

 

Guidance Note on the Interpreation of Workplace Exposure Standards
 SWA Worker Representation and Participation guide

The SWA Worker Representation and Participation guide provides information on the representation and participation of workers in health and safety matters at the workplace, as well as guidance on resolving health and safety issues. It supports one of the objectives of the Work Health and Safety Act, which is to provide for fair and effective workplace representation, consultation, cooperation and issue resolution in relation to work health and safety.

 Worker Representation and Participation guide