SafeWork NSW is to continue its compliance and enforcement work during the COVID-19 crisis but says it will take a “common sense approach” to its dealings with industry during the pandemic.
The Agency has released a statement of regulatory intent, setting out the enforcement approach it planned to take to ensure compliance with the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017.
“SafeWork NSW recognises that the COVID-19 pandemic has created an exceptional set of circumstances and will have significant impacts on a person conducting a business or undertaking (PCBU), workers, officers and other persons with duties under the Work Health and Safety (WHS) legislation,” the Agency said.
“SafeWork NSW will take into account the unprecedented pressures on industry and apply a common sense and practical approach to our interactions with workplaces,” it said.
“SafeWork’s actions will be proportionate with a focus on what is reasonably practicable in the circumstances.”
The Agency said it would apply a reasonable and proportionate response to compliance, including allowances for industry ability to meet WHS duties due to constraints associated with the pandemic.
It said constraints may apply to duties such as participation in face-to-face training and practical hands-on training; maintaining records in prescribed formats; securing access to health surveillance clinics; testing of emergency plans; or compliance with other regulatory requirements.
It said it would take a supportive and educative approach to compliance with the requirements, provided duty holders made genuine attempts to comply with requirements but were non-compliant due to factors outside their direct control.
SafeWork NSW’s full statement of regulatory intent can be accessed via this PS News link.
