SafeWork NSW has released information on how it plans to balance its Work Health and Safety (WHS) enforcement duties with the exceptional circumstances presented by the pandemic.
In SafeWork’s Statement of regulatory intent: COVID-19, Deputy Secretary of the Better Regulation Division at SafeWork, Natasha Mann said the Agency recognised that the pandemic would have significant impacts on workers, employers, officers and other people with duties under WHS legislation.
“SafeWork NSW appreciates that exceptional circumstances require flexibility on the part of the WHS regulators,” Ms Mann said.
“SafeWork NSW will take into account the unprecedented pressures on industry and apply a commonsense and practical approach to our interactions with workplaces,” she said.
“Advisory, compliance and enforcement activity will continue including a focus on matters that pose significant risk to workplaces and worker safety.”
Ms Mann said that, in particular, SafeWork would apply a reasonable and proportionate response to compliance, including with an organisation’s ability to meet its WHS duties due to constraints associated with the pandemic.
The Deputy Secretary said these duties may include participation in face-to-face training and practical hands-on training demonstrations; maintaining records in prescribed formats; securing access to health surveillance clinics; testing of emergency plans; compliance with other regulatory requirements; and making notifications under s38 of the Work Health and Safety Act 2011.
“SafeWork NSW will generally take a supportive and educative approach to compliance with these requirements during this time, provided duty holders have made genuine attempts to comply with requirements, but are non-compliant due to factors outside their direct control,” she said.
“However, SafeWork reserves the right to vary its approach as appropriate to the circumstances, particularly in cases of significant safety risks to workers or the community.”
Ms Mann said workers had obligations under WHS legislation to protect themselves and others, and if a worker believed they were at risk of infection of coronavirus, they should raise their concerns with their manager or WHS representative as soon as possible.
She said that if the worker was not satisfied with the response, they may contact SafeWork NSW on 13 10 50 or raise their concerns via the Agency’s Speak Up Save Lives platform.
SafeWork’s Speak Up Save Lives platform can be accessed at this PS News link.
