SafeWork Wrap | June 2024
Welcome to the June 2024 edition of SafeWork Wrap.
In this issue:
A message from the Deputy Secretary
Hello,
Since SafeWork NSW became an independent regulator on 1 December 2023, there have been significant strides in enhancing worker safety across the state. Among these, I am particularly proud of two recent developments:?
These milestones underscore our collective efforts and the impactful dialogue with stakeholders that have led to tangible improvements in our safety regulations.
Industrial Manslaughter Bill
Since 2019, more than 300 workers have been killed in NSW. The new Industrial Manslaughter laws will give prosecutors the ability to hold a business or individual responsible for the death of a person due to gross negligence in the workplace.
The maximum penalty will be 25 years’ jail for an individual, which is consistent with the existing maximum penalty for manslaughter in the NSW Crimes Act. There will be a maximum penalty of $20 million in fines for a body corporate, which is the highest in Australia.
Engineered stone ban
From 1 July 2024, the use, supply and manufacture of engineered stone benchtops, panels and slabs will be prohibited in NSW. There will also be stronger regulation of all other materials containing crystalline silica. This will prevent workers from exposure to deadly silica dust.
An additional $2.5 million funding boost from the recent State Budget will allow us to deploy more inspectors in the engineered stone manufacturing and construction industries, ensuring that non-compliant operators face the necessary penalties, thus strengthening our ability to enforce this critical ban.
Trent Curtin
Acting Deputy Secretary, Head of SafeWork NSW?
New industrial manslaughter laws support workers’ safety in NSW
Following public consultation in March this year, the Industrial Manslaughter Bill passed NSW Parliament on 20 June 2024.
The laws will not create new work health and safety obligations or duties for employers but will hopefully deter unsafe practices and strengthen accountability.
The laws will be supported by a new unit established in the NSW Office of the Director of Public Prosecutions and a review will be conducted 18 months after the commencement of the provisions.?
Information session: Engineered stone ban
A nationwide ban on the use, supply and manufacture of engineered stone benchtops, panels and slabs containing more than 1% silica commences on 1 July 2024.
If you are a person carrying out a business or undertaking (PCBU) that undertakes, or directs workers to carry out work involving the manufacture, supply, processing, or installation of engineered stone benchtops, panels, and slabs, it is important you understand your responsibilities under the ban.
SafeWork NSW recently held an information session to explain how these changes will affect businesses and workers.
Hosted by a panel of experts the session covered topics including:????
Company fined $75,000 after worker falls through void
Laggner Constructions Pty Ltd has been convicted and fined $75,000 after a worker fell approximately 2.7 metres through a void, resulting in serious injuries.
The Court heard that at the time of the incident, two loose pieces of plywood had been placed over a stairway void on the second level of a house under construction. The plywood sheets were not secured and were not strong enough to hold the weight of a person. The worker stepped onto the plywood sheets and fell through the void to the ground floor below.
This incident could easily have been avoided by:?
Falls from heights are the leading cause of traumatic fatalities in the NSW building and construction industry, and they are entirely preventable.?
Chat and Create 2024
SafeWork NSW together with the Rural Women’s Network (RWN) and the Rural Adversity Mental Health Program (RAMHP) hosted four Chat and Create events during May.
The events, held in the regional areas of Glen Innes, Bega, Port Macquarie and Griffith, form part of SafeWork’s wider Women in Agriculture (WiA) program for women in regional areas who own, operate, manage or work in a business in the agricultural sector.
The program aims to provide an opportunity for women in agriculture to build on their knowledge of work health and safety, high-risk harms, psychosocial hazards and safe farm practice.?
The events bring women together in a relaxed environment where they can chat with a SafeWork inspector about safety issues specific to farming. The RWN and RAHMP provide important information about mental health services available in the local area.?
To date, the events have been a great success with overwhelmingly positive feedback. The mental health aspect was a highlight with many participants commenting how beneficial it was to take some time out for themselves.
Participants said they will make it a priority to talk to their staff about their wellbeing and ensure helmets and seatbelts are worn on vehicles. Accidents on farm vehicles continue to be one of the leading cause of fatalities and serious injuries in the agriculture sector.
More events are planned for August and September in Broken Hill, Goulburn, Wagga Wagga and Narrabri with more to follow in other locations later in the year.???
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Ask an inspector
This is our Ask an inspector section where you can submit your work health and safety questions to our team.
See if any of the advice below applies?to your workplace.
Spelling out risks in Safe Work Method Statements
Does an SWMS need to have a risk matrix, risk score and residual risk rating?
A Safe Work Method Statement (SWMS) needs to identify the tasks involved, the hazards and risks associated with each task, and the control measures that will be used to minimise the risk. It should be a clear, practical document that is easy to apply.?
More on Safe Work Method Statement
How do I best answer a Tier 1 client who demands an SWMS for non-high risk construction work?
Under WHS legislation, an SWMS is only mandatory for high risk construction work. If a principal contractor (PC) wishes to enforce a SWMS for other tasks that is their prerogative. Effectively this amounts to extra time and cost, but whether there is added value might depend on the situation.?
Communication and consultation on site
On a construction site, is it necessary to consult with the people working on site about the establishment of the site’s communication and consultation arrangements??From experience, principal contractors do not ask the people working on site if they are agreeable to having weekly toolbox talks as the agreed arrangements for the site C&C.
It is necessary for the PCBU to consult with workers in relation to the site’s communication and consultation (C&C) arrangements. Consultation can be done in many forms.
Expiry on yellow and gold cards
I have workers on site with, for example, a yellow or gold card with no expiry date and I have other workers with an expiry date for the same cards. Is it a requirement for example EWP or Manitou VOC's with an expiry date to be updated as I believe once you are deemed competent and you regularly operate the item of plant, you remain competent.
Our understanding is both the yellow (elevating work platform) and gold card (telehandler) training systems were revised about 10 years ago and the respective associations no longer recognise the older non-photo cards.??
Safety mesh in skylights
In previous working at heights guidelines where it states that safety mesh under skylights may be used as an engineering control against the risk of falling from heights (through the skylights) if it is deemed so by a competent person, what would a satisfactory level of competence be set as? Or how could a business assess someone as being competent to make that determination?
Roof safety mesh is used to prevent internal falls through a roof. It is a reliable control measure during the construction phase of a building as the condition of the mesh is readily controlled.
Ask your question
Thank you to everyone who has submitted a question for our inspectors in?SafeWork Wrap.
Events, webinars and more
Reminder: Register now for our regional health and safety representative forums
SafeWork NSW is delivering free, face-to-face work health and safety (WHS) forums across regional NSW. These forums have been developed for health and safety representatives (HSRs) safety committee members and workers looking to develop their WHS skills, discuss safety issues and network with local SafeWork inspectors.
Register now to secure your place at one of the following locations:
Newcastle - Wednesday 3 July
Wagga?Wagga - Thursday 4 July
Coffs Harbour - Wednesday 10 July?????????
Orange - Wednesday 17 July
Ballina - Wednesday 24 July
Recent incidents
Read our updates on serious workplace incidents in various industries, including:
You can use this information to review your risk management and safe work systems and help prevent similar occurrences.?? ?
Know your notification obligations
You must notify us immediately in the event of a serious injury, illness, dangerous incident or death. Call SafeWork on 13 10 50. You must also notify us of any adverse health monitoring or of your intention to undertake hazardous work. Learn more about your notification obligations.
Other NSW Government news
Find out about the latest NSW Government initiatives and share with your family, friends and colleagues.
Service NSW Kangaroo
Service NSW’s new ‘Kangaroo Service’ will be visiting more than 40 Aboriginal communities from 18 June 2024. Check the map for dates and times.
Future Women Jobs Academy
Future Women Jobs Academy is a free online program designed to boost women's workforce participation, job readiness and economic security in NSW. Apply by Monday 8 July 2024.
Have your say about Blue Plaques nominations
Help us uncover the stories and events that have shaped our history through the Blue Plaques program. Nominate a blue plaque by Sunday 30 June 2024.
Have your say about a Digital Inclusion Strategy for NSW
We want to understand what challenges people face accessing digital technologies, services and resources. Have your say by Friday 19 July 2024.
Visit the NSW Government’s Have Your Say website to share your opinions on new projects, services and government policy.