Enforcement of Workplace Safety During CV Epidemic

Australian workplace safety regulators, except Victoria, have issued a joint Statement of Regulatory Intent which applies for the duration of the current epidemic. Victoria is expected to use a similar approach.

All WHS Laws Still Apply

Whilst acknowledging the Coronavirus has created an exceptional set of circumstances which have significantly impacted on those running businesses, the statement makes it clear they will continue to enforce the workplace safety laws, including issuing of notices and prosecutions where necessary.

Enforcement Activity Will Continue

WHS Regulators will consider the pressure many businesses are under and apply a common sense and practical approach to enforcing WHS, including COVID-19 precautions.

Activities that employers may not be able to do include:

• Face-to-face training

• Practical hands-on demonstrations

• Level of face-to-face supervision

• Safety committee meetings

• Face-to-face consultation

High risk licences will continue to be processed and prohibition and improvement notices will be issued where necessary, including if there are serious deficiencies in their epidemic precautions.

Investigations and Prosecutions Will Continue

Inspectors will respond to emergencies (e.g. industrial accidents) and will collect witness statements and evidence for potential prosecutions.

This statement makes it clear that the workplace safety laws have not been suspended and we need to ensure all managers and supervisors do not use the epidemic as an excuse to lower safety standards.

Safety authorities are also enforcing COVID-19 precautions including social distancing.

Link to the Statement of Regulatory Intent