Key changes to NSW work health and safety (WHS) laws began on 24 October 2023 with the assent (introduction) of the Work Health and Safety Amendment Bill 2023.
The Bill introduces several reforms to help improve WHS compliance and enforcement in NSW, making the lives of workers and businesses healthier, safer and more productive.
The reforms include:
incorporating amendments made to the Model Work Health and Safety Act, such as:
removing ambiguity around a section 31 offence (gross negligence or reckless conduct)
providing clarity by ensuring a person is prohibited from taking out insurance for penalties imposed under the WHS Act
introducing imputation of conduct regarding the liability of bodies corporate for the conduct of officers and agents
enabling regulators to ensure prohibited asbestos is removed permanently from workplaces from 24 April 2024
increasing penalties from 1 July 2024
enabling the establishment of a silica worker register to monitor the health of workers exposed to crystalline silica dust.