New WHS Legislation Changes June 2020 – Greater fines and easier to prosecute against WHS offences

Directors & Officers (D&O) Liability Insurance - SLI and EPL coverage changes against WHS offences
SLI/EPL Insurance Changes

There has been an overhaul of the NSW Work, Health and Safety Laws in June 2020. The essence of these changes is to improve workplace Health and Safety and to reduce workplace death in NSW. The Work Health and Safety Amendment (Review) Act 2020 which came into effect from June 10, includes the following changes:

1.       It is now easier for businesses to be prosecuted for Category 1 offences. Previously, the prosecutor had to prove ‘recklessness’ by the duty holder, which was difficult to prove. These changes have dropped the bar to ‘Gross Negligence’. This change creates a stronger incentive to duty holders to manage WHS risks. Category 1 offences carry a maximum penalty of $300 000 for an individual and/or five years imprisonment, and for a corporation $3 463 000.

2.       Insurance and Indemnity arrangement for WHS penalties and fines are now illegal. For anyone who currently does have such insurance, the insurer will be prohibited from paying out under existing policies.

3.       Penalty amounts for WHS offences have all increased. Furthermore, they will continue to increase with Consumer Price Index every year in order to ensure that penalties retain their deterrent value. There were significant increases to the following penalties:

·       penalties for category 1 offences have increased to $3,463,000 from $3 million

·       penalties for category 2 offences have increased to $1,731,500 from $1.5 million

·       penalties for category 3 offences have increased to $577,000 from $500,000.

It is now vital more than ever to show that you have done everything you can to mitigate the WHS risks in your business. Ultimately, these laws have changed to make prosecution for WHS offences easier for the regulators. It’s all about keeping your staff and business safe. It is very important that you are not seen to be negligent if things go wrong. ISOsafe are specialists in WHS compliance, advice and training. If you would like a review of your WHS systems and workplace to ensure that you are doing everything you can to manage the WHS risks of your business; call ISOsafe on 1300 789 132.

Work Safe Victoria Release New Workplace Death Stats

WorkSafe is urging Victorian workplaces to re-think their approach to safety following a rise in the number of fatalities at work in 2017.

A total of 27 Victorians lost their lives as a result of an incident at a workplace last year - the highest toll since 2009.

This includes 14 deaths from incidents on farms, which is the highest number of farm fatalities since 2004.

Tragically, the first Victorian workplace death of 2018 also occurred on a farm. Last Thursday, a stock agent in his 50s was trampled to death while drafting cattle on a farm at Georges Creek near Albury Wodonga.

WorkSafe's Head of Operations and Emergency Management, Adam Watson said the horrific 2017 toll showed that employers and workers needed to think more constructively about what they could do to improve safety at work.

"This toll is more than a statistic. It represents families and friendship circles missing loved ones, workplaces devastated by the death of a colleague, and local communities left with a gap that can never be filled," Mr Watson said.

"Employers and workers need to focus on how they can contribute to making their workplace safer. Who would hesitate to take steps to improve safety at work if it meant saving the life of someone they cared about?"

Mr Watson said that while the circumstances of each fatality varied, the failure to identify and adequately manage hazards was a common theme, especially on farms and where vehicles were involved.

He said older workers continued to be over-represented in the statistics.

"Employers, particularly those using farm vehicles such as quad bikes, need to remind their workers to recognise risks and prioritise safety before attempting a task," Mr Watson said.

"Age and experience can never be an excuse to forget about safety. Nine of the people who died last year were over the age of 65, and 23 were aged 45 or older.

"Many of those who died were doing tasks they have done many times before, so it is important that everyone takes the time to plan their day with safety in mind.

"Together we must do more to reduce this terrible toll."

Of the 2017 fatalities:
• 20 occurred in regional Victoria and seven were in greater metropolitan Melbourne
• 16 involved vehicles or mobile machinery
• The eldest was a 98-year-old resident of a nursing home who fell while being transferred from a bed.
• The youngest was a six-year-old boy, who died after falling from a ride at the Rye Carnival in April.
• All but two were males.
• Nine were aged 65 or older.
• No deaths were recorded among workers aged from 15-26.

Workplace Fatalities by Year
2008 22
2009 30
2010 23
2011 25
2012 18
2013 21
2014 23
2015 19
2016 26
2017 27

Workplace Fatalities in 2017 by Age Group
0-15    1
15-24  0
25-34  1
35-44  2
45-54  7
55-64  7
65+    9 

Are You A Business Owner In Need Of Expert Help?
ISOsafe offer Safety and Wellbeing support to businesses Australia-wide. One of our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with advice, compliance documents, training and a detailed report containing areas for improvement. Protect your people today; call ISOsafe on 1300 789 132.
 

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