What is New – WHS Act 2020 and WHS (General) Regulations 2022
1. Work Health and Safety Act 2020 – Section 38, now requires the PCBU to report a dangerous incident to the Regulator.
This is a major change compared to the repealed 1984 OHS Act and 1996 Regulations.
WHS 2022 Act Section 37. (c) defines a dangerous incident as an incident that exposes a worker , etc, to a serious risk to a person’s health or safety emanating from an immediate or imminent exposure to:
(a) Uncontrolled escape, spillage or leakage of a substance; (b) Uncontrolled implosion, explosion or fire
(c) Uncontrolled escape of gas or steam; (d) Uncontrolled escape of a pressurised substance
(e) Electric shock; (f) The fall or release from a height of any plant, substance or thing
(g) Collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with the regulations
(h) Collapse or partial collapse of a structure
(i) Collapse or failure of an excavation or of any shoring supporting an excavation
(j) Inrush of water, mud or gas in workings, in an underground excavation or tunnel
(k) Interruption of the main system of ventilation in an underground excavation or tunnel
and includes any other injury or illness prescribed by the regulations but does not include an illness or injury of a prescribed kind
2. Regulation R 699. Incident notification: prescribed serious illnesses
This is a significant addition to the Repealed OHS 1996 Regulation R 2.5. Diseases etc. prescribed (Act s. 23I)
Each of the following conditions is a serious illness –
(a) any infection to which the carrying out of work is a significant contributing factor, including any infection that is reliably attributable to carrying out work –
(i) with micro-organisms; or
(ii) that involves providing treatment or care to a person
Have you aligned your WHS Systems, Plans, Procedures, Forms and Training to comply with Section 37 (ACT) and R 699 (Regulations)?
iSOL8 Pty Ltd may be able to assist and provide WHS operational safety guidance.
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