This is what you need to know
Strengthened Penalty Provisions
The Work Health and Safety Amendment (Review) Act 2020 introduced several critical changes:
Increased Penalties: The Act replaced fixed monetary fines with a penalty unit system, allowing for regular adjustments in line with inflation and cost-of-living changes. For example, the maximum penalty for a Category 1 offence by a body corporate increased from $3 million to $3.463 million (34,630 penalty units) in 2020, with further adjustments in subsequent years.
Inclusion of ‘Gross Negligence’: The definition of a Category 1 offence was expanded to include ‘gross negligence’ as a fault element, making it easier to prosecute severe breaches and creating a stronger incentive for duty holders to manage WHS risks effectively. safework.nsw.gov.au
Prohibition of Insurance for WHS Penalties: The amendments made it unlawful to insure against WHS fines, ensuring that businesses and individuals cannot offset penalties through insurance arrangements.
Enhanced Enforcement Capabilities
Further augmenting enforcement, the Work Health and Safety Amendment (Penalty Notices) Regulation 2024, effective from 1 July 2024, introduced: seesafework.nsw.gov.au
New Penalty Notices: The regulation added 88 new penalty notice offences, allowing SafeWork NSW to issue fines for a broader range of infractions without resorting to prosecution. see safework.nsw.gov.au
Increased Penalty Amounts: Existing penalty notice amounts were raised by 24%, reflecting the government’s commitment to deterring non-compliance. see safework.nsw.gov.au
Implications for Demolition Employers
For demolition employers, these legislative changes signify heightened accountability:
Greater Financial Risks: With increased fines and the inability to insure against them, employers face substantial financial repercussions for non-compliance.
Broadened Scope of Penalties: The expanded list of penalty notice offences means that even minor infringements can result in immediate fines, emphasizing the need for strict adherence to safety protocols.
Public Disclosure: Details of WHS penalty notices issued to licence holders are published on the SafeWork NSW Licence Register, potentially impacting a company’s reputation.
Common WHS Penalties for Demolition Employers
The following table outlines common penalties under NSW WHS regulations that demolition employers and workers may face for non-compliance. These fines apply to both corporations and individuals, emphasizing the need for strict adherence to workplace safety requirements.
WHS Penalties Table
| Legislation | Short Title | Offence Codes | Fine |
|---|---|---|---|
| WHS Reg cl 444(1) | Fail to keep health monitoring reports confidential | 30045 (Corporation) | $720 |
| WHS Reg cl 444(2) | Disclose health monitoring report – no written consent | 39470 (Corporation) | $720 |
| WHS Reg cl 445(3) | Fail to keep record of training as prescribed | 30054 (Corporation) | $720 |
| WHS Reg cl 445(4) | Not keep record available for inspection under the Act | 30030 (Corporation) | $720 |
| WHS Reg cl 461(1) | Removalist fail to keep record of training | 39860 (Corporation) | $720 |
| WHS Reg cl 461(2) | Removalist not have training record readily accessible | 39912 (Corporation) | $720 |
| WHS Reg cl 506(1) | Fail to notify of change in information in relation to asbestos licences | 39947 (Corporation) | $720 |
| WHS Reg cl 512 | Fail to return licence to regulator for amendment | 39835 (Corporation) | $720 |
| WHS Reg cl 513(1) | Fail to notify regulator lost/stolen etc asbestos licence | 39643 (Corporation) | $720 |
| WHS Reg cl 96 | Fail to give written notice of change of address as required | 30046 (Corporation) | $720 |
| WHS Reg cl 97 | Fail to return licence document to regulator for amendment | 39807 (Corporation) | $720 |
| WHS Reg cl 98(1) | Fail to notify regulator of lost or stolen licence document | 39811 (Corporation) | $720 |
| WHS Reg cl 111 | Fail to return licence document to regulator | 39578 (Corporation) | $720 |
| WHS Reg cl 444(1) | Fail to keep health monitoring reports confidential | 90045 (Individual) | $144 |
| WHS Reg cl 444(2) | Disclose health monitoring report – no written consent | 89470 (Individual) | $144 |
| WHS Reg cl 445(3) | Fail to keep record of training as prescribed | 90054 (Individual) | $144 |
| WHS Reg cl 445(4) | Not keep record available for inspection under the Act | 90030 (Individual) | $144 |
| WHS Reg cl 461(1) | Removalist fail to keep record of training | 89860 (Individual) | $144 |
| WHS Reg cl 461(2) | Removalist not have training record readily accessible | 89912 (Individual) | $144 |
| WHS Reg cl 506(1) | Fail to notify of change in information in relation to asbestos licences | 89947 (Individual) | $144 |
| WHS Reg cl 512 | Fail to return licence to regulator for amendment | 89835 (Individual) | $144 |
| WHS Reg cl 513(1) | Fail to notify regulator lost/stolen etc asbestos licence | 89643 (Individual) | $144 |
| WHS Reg cl 326(1)(a) | Worker not keep available general construction induction card for inspection | 89954 (Individual) | $144 |
| WHS Reg cl 326(1)(b) | Worker not keep available induction training certificate | 90084 (Individual) | $144 |
| WHS Reg cl 326(2) | Card holder fail to return cancelled card to Regulator | 89772 (Individual) | $144 |
| WHS Reg cl 96 | Fail to give written notice of change of address as required | 90046 (Individual) | $144 |
| WHS Reg cl 97 | Fail to return licence document to regulator for amendment | 89807 (Individual) | $144 |
| WHS Reg cl 98(1) | Fail to notify regulator of lost or stolen licence document | 89811 (Individual) | $144 |
| WHS Reg cl 111 | Fail to return licence document to regulator | 89578 (Individual) | $144 |
Conclusion
The recent amendments to NSW’s WHS laws have substantially empowered SafeWork NSW, enabling more robust enforcement against non-compliant demolition employers. These changes underscore the importance for employers to maintain rigorous safety standards to protect workers and avoid significant penalties.
