OHS/WHS Codes Of Practice (NSW)

WHS Codes Of Practice (NSW)

A Code Of Practice (COP) provides detailed information on how you can achieve the standards required under the work health and safety (WHS) laws.

In August 2019, SafeWork NSW adopted 23 model codes of practice (COPs) that were updated by Safe Work Australia and released during 2018.

These do not replace the WHS laws, but codes of practice can be issued to help make understanding what you have to do a little easier.

An inspector can refer to a code of practice when issuing an improvement or prohibition notice.

Under the Work Health and Safety Act 2011, codes of practice are admissible in court proceedings.

All codes of practice are below:

Abrasive blasting

Confined spaces

Construction work

Demolition work

Excavation work

First aid in the workplace

Formwork

Hazardous manual tasks

How to manage and control asbestos in the workplace

How to manage work health and safety risks

How to safely remove asbestos

Labelling of workplace hazardous chemicals

Managing electrical risks

Managing noise and preventing hearing loss at work

Managing the risk of falls at workplaces

Resources List

Managing risks of hazardous chemicals in the workplace

Managing the risks of plant in the workplace

Managing risks in stevedoring

Managing risks when new and inexperienced persons interact with horses

Managing the work environment and facilities

Preparation of safety data sheets for hazardous chemicals

Managing the risk of falls in housing construction

Safe design of structures

Spray painting and powder coating

Welding processes

Work health and safety consultation, cooperation and coordination

Pre-WHS legislation codes of practice

These codes of practice were developed based on older laws which were replaced with the Work Health and Safety Act and Regulation. However they are still current and can still be used to help you meet your WHS requirements.

Resources List

Amenity tree industry

Accommodation for rural agricultural work

Cash in transit

Collection of domestic waste

Control of work-related exposure to hepatitis and HIV (blood-borne) viruses

Cutting and drilling concrete and other masonry products

Moving plant on construction sites

Overhead protective structures

Safe handling of timber preservatives and treated timber

Safe use and storage of chemicals in agriculture

Safe use and storage of chemicals in agriculture Including pesticides and herbicides

Safe use of bulk solids containers

Safe use of bulk solids containers and flatbed storage including silos, field bins and chaser bins

Safe use of pesticides in non-agricultural workplaces

Safe use of synthetic mineral fibres

Safe work on roofs part 1 commercial industrial

Safety aspects in the design of bulk solids containers

Safety aspects in the design of bulk solids containers including silos, field bins and chaser bins

Safety in forest harvesting operations

Sawmilling industry

Technical guidance

Tunnels under construction

Work near overhead power lines

Feeling overwhelmed? Call ISOsafe to get simple straightforward OHS/WHS advice on 1300 789 132.

Small Business Recovery Grant - Get COVID training for your staff at no cost to your business

NSW Small business recovery grant

The new Small Business Recovery Grant for up to $3,000 is now open for applications to help you rebuild your business.   

 You can use it to cover: 

·       staff training expenses to work in a COVID Safe way - Get COVID training for your staff at no cost to your business.

·       marketing and advertising expenses 

·       fit-out changes 

If you’re a small business owner in an industry that’s been highly impacted by COVID-19 you may be eligible for this grant. Applications close 16 August 2020.

The grant can only be used for purchases of eligible expenses made from 1 July 2020, and only where no other government support is available.

Applications close 11:59pm Sunday 16 August 2020.

Learn More Here

ISOsafe can help with your business’ transition back to the workplace. We will ensure you comply with COVID requirements and keep your people safe. Call Us Today - 1300 789 132

The Fair Work Commission (FWC) announces a 1.75% increase to minimum wages – 1 July 2020

Get set for a 1.75% increase to base rates of pay

The Fair Work Commission (FWC) announced a 1.75 per cent increase to the national minimum wage, following its Annual Wage Review. This increase applies from the first full pay period starting on or after 1 July 2020. The new national minimum wage for adult workers will be $19.84 per hour, or $753.80 per week.

Employees covered by awards will also have base rates increased by 1.75 per cent, however, these increases to award wages begin on three different dates for different groups of awards.

When will each award increase?

The increase to awards will happen in 3 stages:

Stage 1

The new minimum wages will start in the following awards from the first full pay period starting on or after 1 July 2020.

·       Aboriginal Community Controlled Health Services Award

·       Aged Care Award

·       Ambulance and Patient Transport Industry Award

·       Banking, Finance and Insurance Award

·       Cemetery Industry Award

·       Children’s Services Award

·       Cleaning Services Award

·       Corrections and Detention (Private Sector) Award

·       Educational Services (Schools) General Staff Award

·       Educational Services (Teachers) Award

·       Electrical Power Industry Award

·       Fire Fighting Industry Award

·       Funeral Industry Award

·       Gas Industry Award

·       Health Professionals and Support Services Award

·       Medical Practitioners Award

·       Nurses Award

·       Pharmacy Industry Award

·       Social, Community, Home Care and Disability Services Industry Award

·       State Government Agencies Award

·       Water Industry Award

Stage 2

The new minimum wages will start in the following awards from the first full pay period starting on or after 1 November 2020.

·       Aluminium Industry Award

·       Animal Care and Veterinary Services Award

·       Aquaculture Industry Award

·       Architects Award

·       Asphalt Industry Award

·       Black Coal Mining Industry Award

·       Book Industry Award

·       Broadcasting, Recorded Entertainment and Cinemas Award

·       Building and Construction General On-site Award

·       Business Equipment Award

·       Car Parking Award

·       Cement, Lime and Quarrying Award

·       Clerks—Private Sector Award

·       Coal Export Terminals Award

·       Concrete Products Award

·       Contract Call Centres Award

·       Cotton Ginning Award

·       Dredging Industry Award

·       Educational Services (Post-Secondary Education) Award

·       Electrical, Electronic and Communications Contracting Award

·       Food, Beverage and Tobacco Manufacturing Award

·       Gardening and Landscaping Services Award

·       Graphic Arts, Printing and Publishing Award

·       Higher Education Industry-Academic Staff-Award

·       Higher Education Industry-General Staff-Award

·       Horticulture Award

·       Hydrocarbons Field Geologists Award

·       Hydrocarbons Industry (Upstream) Award

·       Joinery and Building Trades Award

·       Journalists Published Media Award

·       Labour Market Assistance Industry Award

·       Legal Services Award

·       Local Government Industry Award

·       Manufacturing and Associated Industries and Occupations Award

·       Marine Towage Award

·       Maritime Offshore Oil and Gas Award

·       Market and Social Research Award

·       Meat Industry Award

·       Mining Industry Award

·       Miscellaneous Award

·       Mobile Crane Hiring Award

·       Oil Refining and Manufacturing Award

·       Passenger Vehicle Transportation Award

·       Pastoral Award

·       Pest Control Industry Award

·       Pharmaceutical Industry Award

·       Plumbing and Fire Sprinklers Award

·       Port Authorities Award

·       Ports, Harbours and Enclosed Water Vessels Award

·       Poultry Processing Award

·       Premixed Concrete Award

·       Professional Diving Industry (Industrial) Award

·       Professional Employees Award

·       Rail Industry Award

·       Real Estate Industry Award

·       Road Transport (Long Distance Operations) Award

·       Road Transport and Distribution Award

·       Salt Industry Award

·       Seafood Processing Award

·       Seagoing Industry Award

·       Security Services Award

·       Silviculture Award

·       Stevedoring Industry Award

·       Storage Services and Wholesale Award

·       Sugar Industry Award

·       Supported Employment Services Award

·       Surveying Award

·       Telecommunications Services Award

·       Textile, Clothing, Footwear and Associated Industries Award

·       Timber Industry Award

·       Transport (Cash in Transit) Award

·       Waste Management Award

·       Wool Storage, Sampling and Testing Award

Stage 3

The new minimum wages will start in the following awards from the first full pay period starting on or after 1 February 2021.

·       Air Pilots Award

·       Aircraft Cabin Crew Award

·       Airline Operations-Ground Staff Award

·       Airport Employees Award

·       Alpine Resorts Award

·       Amusement, Events and Recreation Award

·       Commercial Sales Award

·       Dry Cleaning and Laundry Industry Award

·       Fast Food Industry Award

·       Fitness Industry Award

·       General Retail Industry Award

·       Hair and Beauty Industry Award

·       Horse and Greyhound Training Award

·       Hospitality Industry (General) Award

·       Live Performance Award

·       Mannequins and Models Award

·       Marine Tourism and Charter Vessels Award

·       Nursery Award

·       Professional Diving Industry (Recreational) Award

·       Racing Clubs Events Award

·       Racing Industry Ground Maintenance Award

·       Registered and Licensed Clubs Award

·       Restaurant Industry Award

·       Sporting Organisations Award

·       Travelling Shows Award

·       Vehicle Repair, Services and Retail Award

·       Wine Industry Award

The new minimum wages will apply to any work an employee performs while they're in the JobKeeper scheme, if they get their pay rate from an award or the national minimum wage.

The Fair Work Ombudsman enforces compliance with the Fair Work Act 2009, related legislation, awards and registered agreements.

The Fair Work Commission is the independent national workplace relations tribunal. It is responsible for maintaining a safety net of minimum wages and employment conditions, as well as a range of other workplace functions and regulation.

Looking for specialist advice and assistance with Fair Work legislation? Contact ISOsafe on 1300 789 132.

Fair Work take legal action against Former accounting firm over final entitlements

Fair Work Take Action Against Former Accounting Firm

The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the former operator of a Sydney accounting firm, UHY Sothertons Sydney Pty Ltd.

UHY Sothertons Sydney operated an accounting firm in Bondi Junction until it sold the business to another company in April 2019.

UHY Sothertons Sydney had employed four employees, all of whom had their employment terminated when the business was sold.

It is alleged that under the terms of the sale agreement, UHY Sothertons Sydney was responsible for paying out the employees’ final entitlements.

The Fair Work Ombudsman investigated after the employees lodged requests for assistance.

A Fair Work inspector issued a Compliance Notice after forming a belief that the employees had not been paid their accrued but untaken annual leave entitlements under the National Employment Standards.

The regulator alleges the company failed to comply with the Compliance Notice which required it to calculate and back-pay entitlements owing to the four employees.

UHY Sothertons Sydney Pty Ltd faces a penalty of up to $31,500 from the Court.

A directions hearing has been listed in the Federal Circuit Court in Sydney on 16 July 2020.

Looking for specialist advice and assistance with Fair Work legislation? Contact ISOsafe on 1300 789 132.

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.