Any new legislation can be a challenge to understand the implications that it may have on your business. We have listed some important information for you to consider.

Some of the facts you need to know are listed below:

  • The Work Health and Safety Act in operation from 01/01/2013.
  • The Structure of the Act is similar to the current SA Legislation.
  • The sample test of “so far as reasonably practicable” still applies.
  • Responsible Officer is being replaced by PCBU (Person Conducting a Business Undertaking).
  • Officer duties – Maybe a Director or Senior Manager, officers must undertake “Due Diligence” to ensure that a PCBU complies with their duty or obligation.
  • An increase in training requirements for HSRs
  • Union right of entry
  • Working at Heights – A new Code of Practice for High Risk Construction Work
  • Notification of Workplace Injury
  • Notification of Dangerous Occurrence
  • Risk Assessments of work sites and enforcing general risk controls commenced on the 01/01/2013.

These are a few examples of what you will need to introduce into your current systems as of the 01/01/2013. If on the other hand you don’t have a good Safety Management System then it is time to “act now” because there has been a significant increase in the penalties.


Nature of offences
Maximum Penalty – Corporation
Maximum Penalty – Individual

1 – The most serious offences
A high risk of death or serious injury involving recklessness
$3 million
$600,000 and/or 5 years imprisonment for Officers
$300,000 and/or 5 years imprisonment for Workers or other persons

2 – Offences involving a high risk of death or serious injury without recklessness
$1.5 million
$300,000 for Officers
$150,000 for Workers or other persons

3 – Less serious offences placing persons at risk of injury or illness
$100,000 for Officers
$50,000 for Workers or other persons