The Latest Legislative updates in Health and Safety – What you should know to keep up to date

The OHS regulatory landscape in Australia is constantly evolving to address emerging risks, technological advancements, and societal expectations. Several key changes have been introduced at the federal and state levels, with a strong emphasis on stricter penalties, enhanced safety obligations, and more rigorous compliance requirements. 

Key Changes in OHS Legislation 

Significant changes have recently been made to the nationally agreed model Work Health and Safety (WHS) laws. These changes include the following key updates: 

Workplace Legislation Amendment Act 2024 

The Workplace Legislation Amendment Act 2024 introduces important updates to WHS regulations: 

• Increased Penalties and Strengthened Criminal Liability: Effective from 19 August 2024, the Amendment Act adopts the nationally agreed increases in WHS penalty amounts. It also strengthens criminal liability provisions for breaches of WHS regulations, underscoring the importance of compliance. 

• Expansion of Portable Long Service Leave Scheme: Starting from 1 April 2025, the Amendment Act extends the ACT’s portable long service leave scheme to include workers in the accommodation, food, hairdressing, and beauty services industries. 

Work Health and Safety (Workplace Exposure Standards) Declaration 2024 (No 1) 

Several changes to workplace exposure standards have been enacted: 

1. Welding Fumes Exposure Limit: From 1 October 2024, the workplace exposure standard for welding fumes will be reduced to 1mg/m³ as an eight-hour Time Weighted Average (TWA). Businesses are reminded to maintain full compliance with all WHS duties, including adhering to the unamended code of practice for welding processes. 
2. Introduction of Workplace Exposure Limits (WEL): National WHS ministers have agreed to introduce new Workplace Exposure Limits (WEL), which will replace the current Workplace Exposure Standards for airborne contaminants (WES) from 1 December 2026. The renaming of WES to WEL emphasises that these limits are the maximum allowable and must not be exceeded. 

Dangerous Goods (Road Transport) Regulation 2010 

The Dangerous Goods (Road Transport) Regulation 2010 has been updated to align with the Australian Dangerous Goods Code edition 7.8. This amendment incorporates all reforms introduced in the current edition, in accordance with the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail, and Intermodal Transport (IGA). 

These legislative updates reflect the ongoing commitment to enhancing workplace safety standards and ensuring robust regulatory compliance across industries. Businesses must stay informed and take the necessary steps to adhere to these new requirements. 

Additionally, there were other legislative updates introduced earlier this year including the new offence for industrial manslaughter, the right to disconnect etc., that further highlight the Australian government’s agenda to take action against businesses failing to adhere to the law. 

Victoria Govt has New Requirements for Plant and Equipment Incident Notification 

New requirements for Incident notification for plant and equipment under the Occupational Health and Safety Regulations 2017 (OHS Regulations) and the Equipment (Public Safety) Regulations 2017 (EPS Regulations) have commenced.

Queensland Govt Amends the WHS Regulation to Reinsert Section 58 

Queensland Govt  amends the WHS Regulation to reinsert section 58 which mandates audiometric testing and aligns Queensland with all other Australian jurisdictions to address the increasing incidence of industrial deafness.

How Can Australian Businesses Comply with the New OHS Regulations? 

To comply with the recent OHS regulatory changes, businesses should: 

Conduct Regular Audits:  

Regularly audit your workplace to identify potential hazards, including psychosocial risks, and ensure that all safety measures are up to date. 

Update Policies and Procedures:  

Review and update your OHS policies and procedures to align with the new regulations, particularly in areas such as industrial manslaughter and psychological health. 

Employee Training and Engagement:  

Provide ongoing training to employees on the new regulations and ensure they are engaged in safety initiatives. Encourage a culture of safety where workers feel empowered to report hazards. 

Consult with Experts:  

Consult with OHS experts like those from Anitech to ensure full compliance with the updated laws and address any specific risks associated with your industry.