NEW WHS legislation for amusements from 1 January 2012
As we are all aware, the new WHS Act and Regulations commence on 1 January 2012.
This Act and the regulations are available on:
www.safeworkaustralia.gov.au
Please download to obtain the full information. Draft 'Codes of Practice' are also availalbe on the website.
It is very important to note that any person owning, operating or managing a business is now referred to as a 'Person Conducting A Business Undertaking' (PCBU) and has the primary duty under the WHS Act to ensure, as far as reasonably practical, that workers and other persons are not exposed to health and safety risks arising from their business or undertaking. The term PCBU includes corporations, associations, partnerships, labour hire businesses and franchises.
AALARA requested information from all State Regulators concerning the introduction and transition of new regulations with regard to several issues and advise as follows responses:
Work Place Health and Safety Qld
1. Engineers qualifications in the new regulations. In Queensland, professional engineers registered with the Queensland Board of Engineers (RPEQ) with relevant experience will be accepted. Other professional engineers status (eg chartered member of Institution of Engineers) with relevant experience in amusement devices will also be considered. Others will be accepted as a competent person by the department on an individual basis. The acceptance of persons other than professional engineers as competent persons to conduct inspection on registrable amusement devices is expected to be rare.
2. The registration of inflatable devices, from 1 January 2012. There is a transitional (exemption) period of 12 months. In other words, the requirement to register the design and plant item of inflatables will not become effective until 1 January 2013. Owners of such plant are expected to organise the registration (especially design registration) and inspection by competent persons (engineers) during the 12 month transitional period.
WorkCover NSW
* To design register an amusement device that did not previously require registration (eg Inflatable devices) : 12 months
* To item register an amusement device that did not previously require registration: 12 months deferral of the item registration provisions so one more annual renewal under the current system before going to 5 year registrations
* Competence for annual inspection of amusement devices: For 12 months will accept Engineers Australia Chartered Professional Engineer or on National Professional Engineer Register, and of course must have experience inspecting or designing amusement devices.
Further information on www.legislation.nsw.gov.au
WorkSafe Victoria
Has no starting date, however, the government will evaluate the completed supplementary impact assessment and determine the best way forward to capture any benefits of harmonisation not already secured in the Victorian system, while minimising the costs of any regulatory increases for Victorian employers. In the interim, WorkSafe continues to enforce Victorian existing Occupational Health and Safety Act 2004, Occupational Health and Safety Regulations 2007 and Compliance Codes.
SafeWork SA
The new legislation has not been adopted as yet in SA. The bill will return to the Upper House of Parliament for discussion on 14 Feburary 2012. SafeWork SA will be in a position to provide an answer as requested in the near future.
NT WorkSafe
Our enquiry was referred to the Director Regulatory Reform and they will advise back in due course.
Workplace Standards Tasmania
The bill has not passed the Tasmanian Parliament and is not expected to commence until 1 January 2013.
WorkSafe Western Australia
No Response received to our enquiry in relation to the new regulations within that state.