Here at SOS we love auditing. During our auditing, one thing we look at is compliance and references to the current WHS legislation (WA WHS ACT 2020 and WHS Regulations 2022). It has been almost 2.5 years (30th march 2022) since the legislation was brought into effect. However, we constantly come across plans, procedures, risk assessments, SWMS, JHA’s/JSA’s etc continuing to reference the repealed OSH legislation (OSH ACT 1984 & OSH Regulations 1996).
It might not sound like much of an issue however; this issue may become problematic, say for example:
- if there was a notifiable incident (See WHS ACT section 37);
- it may indicate the risk assessment does not meet the current legislative requirements. OR
- does the SWMS meet the current WHS Regulation Chapter 6, Division 2- High Risk Construction Work: Safe Work Method Statement (SWMS) which states;
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- Safe work method statement required for high risk construction work
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(1) A person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a safe work method statement for the proposed work —
(a) is prepared; or
(b) has already been prepared by another person.
(2) A safe work method statement must —
(a) identify the work that is high risk construction work; and
(b) specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards; and
(c) describe the measures to be implemented to control the risks; and
(d) describe how the control measures are to be implemented, monitored and reviewed.
(3) A safe work method statement must —
(a) be prepared taking into account all relevant matters, including —
(i) circumstances at the workplace that may affect the way in which the high risk construction work is carried out; and
(ii) if the high risk construction work is carried out in connection with a construction project — the WHS management plan that has been prepared for the workplace; and
(b) be set out and expressed in a way that is readily accessible and understandable to persons who use it.
As you can see, there are very clear and concise requirements regarding SWMS (task risk assessments). This issue we regularly identify may also indicate that these risk assessments have been reviewed or approved for some time or at all?
Note: It is extremely important that all organisation comply with all current legislation. As, it may be a costly outcome for the organisation or individual if there was a penalty hand down from that notifiable incident.
If you would like assistance with reviewing your current safety management system to ensure compliance with the current WHS legislation get in contact with us we’d love to help.
https://www.commerce.wa.gov.au/publications/safe-work-method-statements