Safe Work Australia has announced that Work Health & Safety Ministers throughout Australia have agreed to a range of recommendations to improve incident notification provisions in the model WHS Act.
The changes will require additional notifications for psychosocial hazards and psychological harm, including serious workplace violence and attempted suicide.
The changes are intended to address gaps in current notification requirements and provide employers with more clarity on, and a better understanding of, the types of incidents that are to be notified.
Some of the amendments to be incorporated include:
- Violent incidents: Capturing violent incidents that arise out of the conduct of the business or undertaking that may not result in a serious physical injury or illness triggering notification, but exposes a worker or other person to a serious risk to a person’s physical or psychological health and safety.
- Suicide: Requiring immediate notification of a work-related, or suspected work-related, suicide where there are indicators that suggest a potential link to work or the work environment.
- Absence: Notifying the regulator where a worker is absent, or likely to be absent, for a consecutive period of 15 days or more due to psychological or physical injury arising from the conduct of the business or undertaking.
When will the new laws come into effect?
Safe Work Australia aims to finalise amendments to the model WHS laws by early next year. It will then be up to each State and Territory to incorporate these amendments into the WHS laws of their jurisdiction to become law.
What can you do now to prepare?
While the drafting of the new laws has not been finalised, it is clear that employers will be required to notify the WHS regulator for a broader range of work-related harm. Employers should review their current systems for preventing and managing work related physical and psychological illness, injury and harm and ensure that they have comprehensive, organisation-wide systems for capturing such information. It is important that employers are ready to provide notification to the WHS regulator as required by the new laws.
Rely is an incident management platform that helps employers prevent, mitigate, respond to and report on workplace issues, and meet your obligations under WHS laws. Book a demo to find out more.
Further Reading: Safe Work Australia Recommendations agreed to improve incident notification provisions (August 2024)