Nsw legislation 359 articles the principal whs law in new south wales consists of the work health and safety act 2011, supported by the work health and safety regulation 2011. Work health and safety regulation 2011 2011 674 contents chapter 1 preliminary part. The legislation can be found on the nsw legislation website. To assist readers, crossreferences to specific sections of the whs act are provided. Further health and safety dutiesspecific risks 315a. Greg pearce, mlc minister for finance and services. Section 276 and schedule 3 of the work health and safety act 2011. The amendments to the model whs regulations do not automatically apply in a jurisdiction.
Health and safety act 2011 including any amendment made under the. Under whs act, section 4, a volunteer is defined as a person who is acting on a voluntary basis irrespective of whether the person receives outofpocket expenses. If a risk at your workplace is not covered by the regulation or code of practice then you must choose an appropriate way to manage exposure to the risk. Work health and safety regulation 2011 act legislation register. Senior management commitment, p 16 equivalent to as4801. Whs act means the work health and safety act 2011 nsw. The education and care services national law act bill 2011 was passed in the act legislative assembly on 25 october 2011. They may have a general application or they may define specific requirements related to a particular hazard or a particular type of work. The nsw work health and safety act 2011 whs act and the nsw work health and safety regulation 2017 whs regulation define the obligations both employers and workers have to health and safety in the workplace. The whs regulations also set out the detailed requirements for obtaining authorisations, such as licences and registrations. The work health and safety regulation 2011 the whs regulation describes how to prevent or minimise a risk at your workplace. Whs legislation see below for guidance relating to all workplaces in nsw, including mining workplaces, under the work health and safety act 2011 and the work health and safety regulation 2017. The differences between the model cops and those gazetted in nsw are.
Australian standards construction industry hs standards and guidelines duty of care. Guide to the work health and safety act 2011 queensland. Duties of persons conducting businesses or undertakings that install. Oct 23, 2015 whs amendment disclosure of information regulation 2015 a regulation made under the work health and safety act 2011 nsw today 23 october permits information obtained by a person exercising a power or function under that act to be accessed when it is necessary for certain workers compensation purposes. The regulations will apply to the commonwealth, public authorities and, for a transitional period, noncommonwealth licensees. Act, nsw, nt, qld, sa, tas, vic, wa, international. Work health and safety legislation amendment bill 2011. Faqs on the introduction of the work health and safety act 2011.
A comparison of the australian model whs laws and the new. However it is not intended to be read in place of the whs act. Whs regulations to whs regulation and whs regulation number to whs regulation clause number. Faqs on the introduction of the work health and safety act. Jul 01, 2017 regulation 2011 current as at 1 july 2017 work health and safety act 2011 reprint note warningsome provisions of this legislation are not in operation. Duty of persons conducting businesses or undertakings that install. Division 6 duties of persons conducting businesses or undertakings that install. Further health and safety dutiesspecific sections 315. It is designed to help people understand their health and safety duties and rights in the workplace. Coal mine health and safety act 2002 applies to coal operations along with the whs act 3. The legislative history at the back of the regulations or rules provides detail about the. Whs regulation means the work health and safety regulation 2017 nsw. Training requirements for whs entry permitsact, s 1 and s 3.
The laws were developed based on the national model whs regulations for mining and additional mining provisions agreed by new south wales, queensland and western australia. Work health and safety act 2011 whs principal act applying to all workplaces 2. Understanding the work health and safety act a practical guide. Works means any project works carried out on the premises by sydney metro or its. New south wales consolidated regulations index table search search this regulation notes noteup download help made under the work health and safety act 2011 as at 25 march 2020 reg 404 of 2017 table of provisions chapter 1 preliminary part 1. Regulation 2011 current as at 1 july 2017 work health and safety act 2011 reprint note warningsome provisions of this legislation are not in operation. Work health and safety in nsw is regulated through the whs act 2011. The current version of the model work health and safety whs regulations, dated 9 december 2019, includes all amendments made since 2011. Work health and safety regulation 2011 nsw legislation. If a note at the foot of a provision of these regulations states whs act followed by a reference to a section number, the regulation provision sets out the way in which a persons duty or obligation under that section of the act is to be performed in relation to the matters. Managing subcontractors and consultants p 19whs regulations 2011 chapter 6 construction work4design, p.
The following whs requirements will affect the way that you work in the construction industry. Automatic zoom actual size fit page full width 50% 75% 100% 125% 150% 200% 300% 400%. The work health and safety act 2011 came into effect on 1 january 2012 and the work health and safety regulation 2017 commenced on 1 september 2017. Work health and safety regulation 2011 reg 309 whs management planpreparation 309 whs management planpreparation 1 the principal contractor for a construction project must prepare a written whs management plan for the workplace before work on the project commences. Dec 14, 2011 these regulations implement the model work health and safety regulations in the commonwealth jurisdiction and form part of a system of nationally harmonised occupational health and safety laws. Review the whs laws in your state, download model work health and safety regulations as a. There are three acts and their supporting regulations which apply to mines. Whs legislation means legislation relating to health and safety at work including. In nsw, a union can commence a prosecution of category 1 and 2. Nsw government whsms guidelines, edition 5 certification. Work health and safety regulation 2011 2011674 contents chapter 1 preliminary part. Whs mines and petroleum sites legislation nsw resources. This guide provides an overview of the queensland work health and safety act 2011 whs act. Work health and safety act 2011 federal register of legislation.
A comparison of the australian model whs laws and the. New south wales work health and safety regulation 2011 contents page historical version for. Regulations regulations have the effect of spelling out the specific requirements of the legislation. Mine health and safety act 2004 applies to metalliferous and extractive mines along. Authorised by the act parliamentary counselalso accessible at. Pn191 version 3 last updated january 2018 a guide for flammable and combustible liquids under the whs act 2011 page 5 of 18 7. Division 6 duties of persons conducting businesses or undertakings that install, construct or commission plant. A regulation is law and, as such, employers, workers, insurers, designers, manufacturers, suppliers and others must meet their obligations under both the legislation and the regulations. It is important that you are familiar with the whs laws in nsw. They are another important step towards the harmonisation of work health and safety laws for mines and petroleum sites.
New south wales 2011 no 674 work health and safety regulation 2011 under the work health and safety act 2011 published lw 16 december 2011 page 1 her excellency the governor, with the advice of the executive council, has made the following regulation under the work health and safety act 2011. The evaluation experience for whs 2011 will be released in early april. Whs amendment disclosure of information regulation 2015 a regulation made under the work health and safety act 2011 nsw today 23 october permits information obtained by a person exercising a power or function under that act to be accessed when it is necessary for certain workers compensation purposes. These jurisdictions are well progressed towards implementation. Laws introduced the commonwealth, queensland, new south wales january 2012. Minor wording changes that do not impact on the intent or content of the cops ie. Request to commence a prosecution fact sheet pdf, 157. For the model whs regulations, including any amendments, to have effect in a jurisdiction, they must be made in that jurisdiction. New whs regulations 2017 the work health and safety regulation 2011 is being repealed on 1 september and replaced by the work health and safety regulation 2017, which comes into effect on the same day.
These regulations implement the model work health and safety regulations in the commonwealth jurisdiction and form part of a system of nationally harmonised occupational health and safety laws. An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the whs act, the work health and safety regulations 2011 whs. Find out work health and safety whs legal requirements that apply to your business. Model whs laws in australia the commonwealth, queensland, new south wales, northern territory and act adopted their whs acts and regulations with an effective date of 1 january 2012. They are practical guides to achieving the standards of health, safety and welfare required under the whs. The education and care services national law act bill 2011 was passed in the act legislative assembly on. Contents work health and safety regulation 2011 page 2 18 procedures for election of health and safety representatives.
The whs legislation applies to all workplaces in nsw, including mines. Codes of practice can be approved under the whs act. Regulations may also be for the licensing or granting. Cg3 page 3 of 7 version 01 9 october 2012 document uncontrolled if printed refer to. Education and care services national regulations 2011.
This brief guide outlines the main features of the new work health and safety act 2011. Model work health and safety regulations safe work australia. If a risk at your workplace is not covered by the regulation or code of practice then you must choose. The regulator safework nsw has a whs web site with links to the whs act and regulations. The model whs act was endorsed by regulations were subsequently endorsed, in principle, in august 2011. Part 7 workplace entry by whs entry permit holders. If a note at the foot of a provision of these regulations states whs act followed by a reference to a section number, the regulation provision sets out the way in which a persons duty or obligation under that section of the act is to be performed in relation to the matters and to the extent set out in the regulation provision. Work health and safety whs laws require employers and all other workplace parties to consult and cooperate in the management of workplace risks, in order to protect the health and safety of workers and others who might be at risk from. Work health and safety whs laws require employers and all other workplace parties to consult and cooperate in the management of workplace risks, in order to protect the health and safety of workers and others who might be at risk. An act relating to work health and safety, and for related purposes.
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