Safe Work Australia (SWA) has published a ‘Statement of Regulatory Intent’ on the COVID19 website outlining the WHS regulator’s enforcement and compliance approaches during this period.

This statement applies to all Work Health and Safety (WHS) Regulators in jurisdictions that have implemented the model WHS laws, as well as in Western Australia. The statement does not apply in Victoria, however, much of the information provided on the safeworkaustralia website will be applicable.

WorkSafe Vic provides further information on their website here.

Key points to note

• Arrangements to apply while public health orders in place.
• WHS Regulators will consider the unprecedented pressure on industry and apply a common sense and practical approach to interactions with workplaces.
• WHS regulators will consider an employer’s ability to meet its WHS duties given the constraints associated with the pandemic. This may include duties related to:
  • training, such as participation in face-to-face training and practical hands on training demonstrations
  • working from home arrangements, and
  • provision of hygiene products.
• WHS Regulators will take a supportive and educative approach to compliance during this time provided duty holders have made genuine attempts to comply with requirements, but compliance is affected due to factors outside their direct control.
• WHS Regulators will continue to respond to matters involving serious incidents or fatalities in the usual way, including seeking evidence to determine causation or requiring implementation of ‘make safe’ provisions.
• WHS Regulators will also continue core administrative functions such as processing high risk work licences.
• Most campaigns and proactive assessment activities will be postponed.

What Regulators expect from Employers

• All employers must prepare and take action to protect workers and others at their workplace from the risk of exposure to COVID-19 so far as is reasonably practicable.
• All employers should:
  • have a plan in place to respond to the issues created by the pandemic
  • review their exposure and infection control policies and procedures, actively promote social distancing, good hand and respiratory hygiene and increase cleaning of common areas within the work environment
  • develop and implement safe systems of work (in consultation with workers and/or their Health and Safety Representatives (HSRs) that consider directions and advice provided by health authorities, and
  • keep monitoring the COVID-19 situation as it develops, relying on information from authoritative sources such as public health authorities.

How we can assist

Victorian Chamber members can access the following fact sheet and checklist to assist in limiting their exposure to COVID-19:

• Keeping workers safe from, and limiting exposure to COVID-19 Fact Sheet; and
• COVID-19 Checklist

For more information in relation to COVID-19 and other HSW support please contact the Victorian Chamber’s team of HSW experts on 03 8662 5333 or hsw@victorianchamber.com.au