18 NSW WHS Regulation amendments now in effect

Corporate bodies can now be issued penalty notices up to $6000 for failing to immediately alert a relevant regulator of a notifiable incident under New South Wales’ (NSW) Work Health and Safety (WHS) Regulation 2017. The same breach could cost an individual $1200, according to SafeWork NSW. The change is just one in a series of regulation amendments that came into effect on 15 November 2019, SafeWork NSW said. Under the amendments, corporations can receive penalty notices up to $3000 and individuals, up to $600, for failing to “display a notice issued by an inspector in a prominent part of the workplace that identifies a contravention of the WHS legislation”, SafeWork NSW added.

Further, 12 new pieces of legislation regarding sharing provisions have been added to the list under cl702 of the regulation — relating to the Building Products (Safety) Act 2017, Electricity Supply Act 1995, Fair Trading Act 1987, Gas and Electricity (Consumer Safety) Act 2017, Heavy Vehicle National Law (NSW), Home Building Act 1989, Marine Safety Act 1998, Marine Safety (Domestic Commercial Vessel) National Law Act 2012, Motor Dealers and Repairers Act 2013, Navigation Act 2012 of the Commonwealth, Occupational Health and Safety (Maritime Industry) Act 1993 of the Commonwealth and Point to Point Transport (Taxis and Hire Vehicles) Act 2016.

Notes under c164 and c166 of the regulation have also been updated to include current legislation. The amendments have also seen transitional provisions for plant item registration extended until 1 January 2021 and a drafting error in the lead exposure level amendment corrected. The new regulations on lead levels still come into effect on 1 July 2021, SafeWork NSW said.

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