Recent changes to the Occupational Health and Safety and Workers Compensation Legislation are outlined below.
Occupational Health and Safety
Workers Compensation
In November 2007, the NSW Government announced a number of changes to workers compensation aimed at cutting red tape for employers and assisting injured workers access benefits.
Workers compensation changes - November 2007
The NSW Occupational Health and Safety Amendment (Long Distance Truck Driver Fatigue) Regulation 2005, will take effect on 1 March 2006. This Regulation has been developed to reduce the risk of harm to drivers from fatigue. This regulation applies to heavy trucks, with a GVM of 4.5 tonnes or more, transporting freight (either single or in a series of trips) greater than 500kms. The legislation requires employers, head carriers and certain consignors and consignees involved in the transport of freight long distance by means of a heavy truck to ensure the risk of harm from fatigue is either eliminated or controlled.
View Guides, Factsheets and Legislation
1 September 2005, new laws were introduced relating to dangerous goods and explosives.
The Dangerous Goods Act 1975 has been repealed and the following legislation has commenced:
- Explosives Act 2003
- Supporting Explosives Regulation 2005
- OHS Amendment (Dangerous Goods) Act 2003
- Supporting OHS Amendment (Dangerous Goods) Regulation 2005
The new legislation is underpinned by the requirement for anyone using and keeping dangerous goods to adopt a risk management approach.
View Guides, Application Forms and Legislation
The Occupational Health and Safety Act 2000 has been amended to make it an offence for a person who owes a duty under Part 2 of the Act to ‘engage in reckless conduct that causes death at a workplace’
View the Amendment
Cross border arrangements were implemented from 1 January 2006 to make it easier to do business by removing the need for the majority of employers to obtain multiple workers compensation policies for workers who are temporarily working interstate.
In the past, employers may have been required to obtain workers compensation coverage for an individual worker in more than one State (or Territory). The new arrangements mean most employers are only required to maintain a workers compensation policy in New South Wales when you have workers with a ‘State of Connection’ in NSW.
View the New Cross Border Arrangements
The NSW Government has been working with industry to resolve uncertainty over who is defined as a ‘worker’ for the purposes of workers compensation. Amendments were introduced 30 November 2005 make it easier for employers to comply with the workers compensation system. These amendments will assist employers by providing clarity on who is a ‘worker’ and will improve the wage audit system, making it simpler and fairer for employers.
View the Amendment
Workers Compensation Legislation Amendment (Miscellaneous Provisions) ACT 2005 - Late Fee Payment
View Proclamation