NSW businesses 1st to implement new WHS rules

The changes will require businesses to implement control measures to manage risks.

The new regulations require businesses to, as far as reasonably practicable, eliminate psychosocial risks and advise what should be considered when putting in place appropriate control measures.

The changes will also complement the establishment of SafeWork NSW’s Respect@Work Taskforce, the NSW government’s $9.7 million response to the Respect@Work Report on Sexual Harassment in the Workplace.

Head of SafeWork NSW, Natasha Mann, said businesses are already implementing the NSW Code of Practice: managing psychosocial hazards at work, with new laws that provide workplaces with clarity on their obligations and specifying control measures they could use.

“Psychosocial risks and hazards can cause a stress response leading to psychological or physical harm. They can stem from the work itself in the way it is designed and managed, from hazardous working environments, equipment use and social factors in the workplace,” Ms Mann said.

The most significant change is the immediate imposition of a positive duty on employers and persons conducting a business or undertaking to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment and discrimination, hostile workplaces and victimisation.

In practice, employers and persons conducting a business or undertaking must take proactive measures to prevent this conduct from being undertaken by the organisation, employees, workers, agents and third parties, such as clients and customers. The action required will depend on their circumstances.

In assessing compliance with the duty, a number of factors will be taken into account including the size, nature and circumstances of the business, financial and other resources and the practicability and cost of the steps to eliminate the conduct. This approach is similar to the “so far as reasonably practicable” qualification in Work Health and Safety legislation and the current vicarious liability provisions in the Sex Discrimination Act.

The new regulations will also provide improved record-keeping and operator training for amusement devices and passenger ropeways.

The Work Health and Safety Amendment Regulation 2022 makes several amendments to the Work Health and Safety Regulation 2017. Further information can be found on the SafeWork NSW legislation website.