Summary of work health and safety law amendments

Change to the meaning of High-Risk Construction Work

On 17 July, WHS Regulation 291 was amended the Safe Work Method Statement (SWMS) height threshold for residential construction was increased from 2 metres to 3 metres.

This height change only applies to residential construction sites and the change does not remove the obligation to work safely, with PCBU’s still required to identify hazards, assess risks and implement appropriate controls to prevent falls.

Change to the meaning of construction project

On 28 May, WHS Regulation 292 was amended to increase the financial threshold for construction projects from $500,000 to $1 million.

Ban on engineered stone

On 27 June 2024, the WHS Regulations were amended to ban most engineered stone products. From 1 July 2024, the manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs are prohibited. The regulations also:

• Exclude sintered stone and porcelain products from the ban.
• Allow finished engineered stone products that pose minimal worker health risks (e.g. jewellery, sculptures and kitchen sinks).
• Provide a six-month transition period for eligible contracts entered into on or before 31 December 2023.
• Establish a framework for regulatory exemptions.
• Set requirements for the safe removal, disposal, repair and minor modification of existing (legacy) engineered stone products.

Additional crystalline silica processes requirements

On 30 July 2024, the WHS Regulations were amended to strengthen controls for high-risk crystalline silica processes. From 1 September 2024, PCBU’s must:

• Provide workers with training and information on silica health risks and control measures.
• Develop a silica risk control plan based on a risk assessment.
• Conduct air monitoring and report results to NT WorkSafe if respirable crystalline silica exceeds workplace exposure standards.
• Provide health monitoring for workers exposed to silica risks.
• Comply with strengthened enforcement provisions, with offences relating to crystalline silica substances and engineered stone now subject to infringement notices.

Psychosocial  hazards

On 1 July 2023, the WHS Regulations were amended to provide greater clarity on how to identify the psychosocial risks and hazards associated with psychological injury and the appropriate control measures to manage those risks.

The amended regulations:

• include definitions of psychosocial hazards and risks as having potential to cause psychological harm, whether or not they may also cause physical harm.
• specify that a person conducting a business or undertaking (PCBU) must apply Part 3.1 of the regulations to the management of psychosocial risks
• include matters a PCBU must have regard to when identifying and assessing psychosocial hazards and risks, and implementing effective and reasonably practicable control measures. These include:
  • key sources of psychosocial hazards (e.g. systems of work used)
  • the context of the work and the wide range of psychosocial risks (e.g. plant used)
  • the most effective and reliable control measures (e.g. the design of the work)
  • the need to support the implementation and maintenance of control measures (e.g. training and supervision).

Engineered stone

On 22 December 2023, the WHS Regulations were amended to introduce a new duty to prevent uncontrolled processing of engineered stone (Regulation 184A).

It is now an offence to not have one of the following controls in place which working with engineered stone:

• a water delivery system that continuously supplies water over the stone to suppress the generation of dust; or
• an on-tool extraction system; or
• a local exhaust ventilation system: and
• respiratory protecting equipment for each worker processing the engineered stone.

Other amendments included updating the following references to Australian Standards to the latest editions:

• AS 2593-2004 - Boilers - Safety management and supervision systems (under Regulation 5)
• AS 2832.1:2015 - Cathodic protection of metals Pipes and cables (under Regulation 114)
• AS/NZS 3012:2019 - Electrical installations - Construction and demolition sites (under Regulation 163)
• AS/NZS 1891.1:2020 - Personal equipment for work at height Manufacturing requirements for full body combination and lower body harnesses (under Regulation 221)
• AS 2700S-2011 - Colour Standards for general purposes — Swatches (under Schedule 13, clause 3(3)).

Figure 13.3 Label for unstable explosive, organic peroxide type A under Schedule 13, clause 5(3) has also been updated.

In support of the Territory Economic Reconstruction Commission recommendations, amendments have been made to Regulation 320 of the Work Health and Safety (National Uniform Legislation) Regulations 2011 which deals with the content of general construction induction training cards or ‘white cards’. These amendments will commence on 25 May 2022. The legislation changes are:

Regulation 320(a)(v)

Regulation 320(a)(v) has been amended by replacing the phrase “the State in which the card was issued” with “that the card was issued in the Territory”. This amendment corrects the minor drafting error pertaining to the Northern Territory’s constitutional status and further clarifies that NT white cards should be issued only in the Territory.

Regulation 320(b)

Regulation 320(b) has been amended by replacing the phrase “contain the card holder’s signature” with “if the card was issued in hard copy – be signed by the card holder”. This amendment clarifies that a card holder’s signature is only required for physical white cards and not for the soon-to-be launched digital versions.

Regulation 320(c)

Regulation 320(c) has been added by specifying that white cards must “state or contain any other information as determined by the regulator”. This inclusion allows white cards to bear other content such as a photographic identifier as a way of strengthening identity verification and preventing fraud.

For more information on white cards, please visit this link.

Industrial manslaughter offence

The Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) was amended to incorporate an industrial manslaughter offence. Division 6 of the Act details the industrial manslaughter offence, which commenced on 1 February 2020.

Previously workers could be prosecuted under the manslaughter offence provision in the Criminal Code Act for breaching a health and safety duty that caused the death of a person. Bodies corporate can also be prosecuted, however, they could not be punished as life imprisonment cannot be converted to a financial penalty.

The industrial manslaughter offence ensures all businesses, regardless of the business size, face the same level of penalty if reckless or negligent conduct causes a workplace fatality.

Industrial manslaughter does not impose any additional duties.  The introduction of the offence affects available penalties for breaches, not existing safety duties.

Globally harmonised system of classification and labelling of hazardous chemicals (GHS)

Amendments have been made to adopt a new version of the GHS to allow hazardous chemicals classified and labelled under the current version of the GHS to be supplied and used.

On 1 January 2021, an updated version of the GHS will begin with a two-year transition to the 7th revised edition of the GHS (GHS 7) Australia wide.

From 1 January 2023, it will be mandatory for importers and manufacturers to comply with GHS 7. Suppliers and end users can continue to supply or use products that were labelled under the previous GHS until stock has run out.

A full description of these changes can be found on the GHS page.

In addition, the following references to Australian Standards have been updated:

• AS 2397:1993 (Safe use of lasers in the building and construction industry) has been superseded by AS2397:2015 of the same name
• AS 4343:2005 (Pressure equipment – Hazard levels) has been superseded by AS 4343:2014 of the same name
• AS 1200:2000 (Pressure equipment) has been superseded by AS/NZS 1200:2015 of the same name

New infringeable offences

The Work Health and Safety (National Uniform Legislation) Regulations 2011 amended to expand the number of infringement notice offences in the Northern Territory.  The infringeable offences below were enforceable from Wednesday 29 July 2020.

Incident notification

• Failing to inform NT WorkSafe of a notifiable incident as per Section 38(1).
• Failing to preserve an incident site as per Section 39(1).

Authorised work

• Carrying out work without the proper authorisation, or directing or allowing an unauthorised worker to carry out work that requires authorisation as per Section 43.

Displaying issued notices

• Failing to display a non-disturbance notice as per Section 210.

General workplace management

• Failing to provide suitable and adequate information, training and instruction that is readily understandable as per Regulation 39.
• Failing to provide adequate facilities for workers as per Regulation 41(1).
• Failing to provide the necessary requirements for first aid as per Regulation 42(1).

Confined spaces work

• Failing to provide suitable and adequate information, training and instruction to workers working in confined spaces as per Regulation 76(1).

Managing the risk of falls

• Failing to manage the risk of a fall as per Regulation 78.
• Failing to provide a safe system of work to minimise the risk of a fall as per Regulation 79.
• Failing to establish emergency and rescue procedures if using a fall arrest system as per Regulation 80.

Construction work

• Failing to secure a construction site from unauthorised access as per Regulation 298.
• Failing to prepare a safe work method statement (SWMS) for any proposed high risk construction work as per Regulation 299(1).
• Failing to put arrangements in place to ensure high risk construction work is carried out in accordance with the SWMS as per Regulation 300(1).
• Failing to stop high risk construction work that is not done in accordance with the SWMS as per Regulation 300(2).
• Failing to keep a copy of a SWMS for inspection as per Regulation 303(4).
• Directing or allowing a worker, who has not completed general construction induction training, to carry out construction work as per Regulation 317(1).

Asbestos

• Carrying out, directing or allowing a worker to carry out work involving asbestos as per Regulation 419(1).
• Using, directing or allowing a worker to use the specified equipment on asbestos or asbestos containing material as per Regulation 446(1) and (3).
• Failing to ensure a licensed removalist or competent person is used to carry out the removal of asbestos or asbestos containing material as per Regulation 458(1) and (3).
• Failing to notify NT WorkSafe of asbestos removal as per Regulation 466(1) and (3).

Amendments have been made to the Work Health and Safety (National Uniform Legislation) Regulations 2011, more specifically the regulations dealing with Lead and Diving.

Diving regulation changes

Amendments have been made to clarify the requirements for training for general diving work and correct drafting errors that have contributed to ambiguity around the required competencies.

References to Australian Standards for diving have been amended to:

• remove reference to AS/NZS 4005.2:2000 – Training and certification of recreational divers; and
• replace references to AS/NZS 2299.1:2007 – Occupational diving operations – Standard operational practice with the 2015 version.

The diving regulation amendments are in effect from 21 August 2019.

A full description of these changes can be found in the Information bulletin - Amendments to the diving work regulations.

Lead regulation changes

The following amendments have been made to the regulations dealing with Lead:

• the definition of lead risk work is changed;
• there is a reduction in blood lead levels that trigger increased frequency of biological monitoring;
• there is a reduction in the blood lead levels that trigger immediate removal of workers from carrying out lead risk work;
• there is a reduction in the blood lead levels that allow a worker to be returned to carrying out lead risk work after removal.

A transition period is in place and the lead regulation amendments do not come into effect until 1 July 2021.

A full description of these changes can be found in the Information bulletin - Amendments to blood lead removal levels.

During September and October 2015, a public consultation period was open for discussion of the possible amendments. As well as seeking written feedback, there were public information and feedback sessions held in Darwin and Alice Springs.

A summary of the feedback has been developed. A copy of this summary will be sent to the people and organisations that contributed to the discussion.

The Northern Territory Government considered the feedback and decided to progress amendments to three areas of the Work Health and Safety (National Uniform Legislation) Regulations 2011. The amendments will commence on 4 April 2016 and will:

• increase the construction project trigger point value to $500,000
• make the regulator the sole issuer of construction induction cards in the Northern Territory
• allow licence and permit holders to notify matters to the regulator via phone, email, mail or in person.