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Briefing on WHS Legislation

Upcoming WHS Law Update: Collecting vital insights into shifting WHS Law trends from February to July 2025, while discussing crucial issues and major legislative and court rulings gained this period.

Brief Summary on WHS Regulations
Brief Summary on WHS Regulations

Briefing on WHS Legislation

SafeWork NSW, the work health and safety (WHS) regulator in New South Wales, is taking a closer look at various industrial relations matters, with a particular focus on psychosocial hazards in the context of restructures.

In a recent move, the regulator has issued a notice to a university regarding its restructuring plan, and Cobar Management Pty Ltd has entered into an enforceable undertaking for allegedly exposing workers to psychosocial hazards during a restructure. These actions highlight SafeWork NSW's commitment to ensuring workplaces are safe and psychosocial hazards are properly managed.

The investigation into psychosocial hazards is not limited to individual cases. WHS regulators are increasingly scrutinising the management of these hazards in restructures across various industries.

The High Risk Workplaces and Repeat Offenders Program, introduced by Safe Work Australia in 2021, is another initiative aimed at improving WHS. This program targets Principal Contractors, Body Corporates, and Other Persons Conducting a Business or Undertaking (PCBUs) with an elevated risk profile. The consequences for PCBUs identified for inclusion in the program are yet to be seen, but the program guidelines have been published by SafeWork NSW.

The program is not just about punishing repeat offenders. It also aims to provide support to PCBUs to improve their WHS practices. This could potentially lead to a safer and healthier work environment for all.

On a global scale, four key issues and trends affecting organizations from a WHS perspective were examined in a recent article. These included global WHS regulation, the rise of technology, changing workforce populations and structures, and psychosocial hazards and risks. The challenges in managing psychosocial hazards, particularly during restructures, have gained significant attention in this discussion.

In the renewable energy sector, the use of a "split contract" model instead of the traditional "EPC contract model" for Principal Contractor appointment poses unique challenges in terms of WHS. This is another area where SafeWork NSW's focus on psychosocial hazards and restructures could have far-reaching implications.

In addition to investigating industrial relations matters and managing high-risk workplaces, SafeWork NSW is also looking into work and rest periods and consultation with workers. This holistic approach to WHS ensures that all aspects of workplace safety are addressed, making workplaces safer and healthier for everyone.

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