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Courtenell Pty Ltd

as Trustee for the Vowles Family Trust

WHS Training Specialists, Sydney, Australia  

train@courtenell.com.au ~ PO Box 622 Broadway NSW 2007

ABN: 42164393628 ~ ACN: 050109281

How SafeWork NSW Decides on

Compliance  & Enforcement Action

If a SafeWork NSW Inspector found evidence of a breach of WHS laws in a  workplace, the SafeWork Inspector’s next step would be predictable because it is covered in the National Compliance and Enforcement Policy.


On 10/8/2011, Commonwealth, State, and Territory Governments agreed that WHS Regulators would apply this Policy when monitoring and enforcing compliance with the WHS Act and Regulations. (The diagram and quotations in this article come from this Policy)


Compliance & enforcement tools

A number of measures are available to regulators to compel a duty holder to remedy any identified contravention and to sanction a contravening duty holder.  These measures may be used alone or in combination.”

 

The tools that are available to the work health and safety regulators include those shown in “the following diagram represents, in the general sense, the relative volume or proportionate use of these tools and the ability to escalate if an initial intervention does not achieve the desired outcome”


Recommended
Training:

For tailor made onsite training:

Call (02) 9516 1499


Effective Health and Safety Committee Course


Health and Safety Committee Chairperson Course


Health and Safety Committee Refresher Course


Health and Safety Representative Course


One Day Refresher Course


Understanding the Role of your HSRs

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Who is an “Officer” - The First Court Case


Election of HSR and Committee Members - 26 July 2015


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How to Improve WHS Consultation in Your Workplace


Download Article

Criteria which guide enforcement decision-making

“In deciding on the most appropriate action to take, the regulators are guided by the following considerations:


the adverse effect, that is the extent of the risk, the seriousness of the breach and the actual or potential consequences


the culpability of the duty holder, that is, how far below acceptable standards the conduct falls and the extent to which the duty holder contributed to the risk


the compliance history and attitude of the duty holder


if it is a repeat offence or there is a likelihood of the offence being repeated


whether the duty holder was authorised to undertake certain types of work;


impact of enforcement on encouragement or deterrence


any mitigating or aggravating circumstances, including efforts undertaken by the  duty holder to control risks


whether the risk to health and safety is imminent or immediate, and


whether the safety issue can be rectified in the presence of an inspector or the inspector is satisfied with a plan to remedy the breach.”


The Policy then goes on to give details of each tool and the reasons why it would  be the one to use.


Recommendation

We recommend that relevant persons in your workplace read this Policy as the greater awareness of the Inspector’s considerations and method of operation will help WHS prevention efforts and enhance interactions with SafeWork Inspectors should the occasion arise.


Note:

To see further details you can download a PDF copy of the National Compliance and Enforcement Policy at:


http://www.workcover.nsw.gov.au/__data/assets/pdf_file/0019/18316/national-compliance-enforcement-policy-3723.pdf

or

http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/618/National%20Compliance%20and%20Enforcement%20Policy.pdf



You are welcome to download and distribute the article in your workplace if you feel it may be useful