Work Safety Group

The Work Health and Safety Act 2011 provides a balanced and nationally consistent framework that secures healthy and safe working environments for workers and workplaces.

The Work Health and Safety Regulation 2011 provides additional detail on specific work health and safety (WHS) obligations, such as workplace arrangements, psychosocial hazards, licensing high risk work, construction, plant safety, electricity safety and performing hazardous manual tasks. Minor technical amendments to the Work Health and Safety Regulation 2011 commenced 27 November 2023 that updated references to superseded Australian Standards and corrected typographic errors in line with the nationally agreed model Work Health and Safety Regulations. For more information refer to the Work Health and Safety Regulation 2011.

Infringement notices apply to certain offences where there has been an alleged breach of work, health and safety laws. Infringement notices are only applied to existing offences under the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 as an alternative regulatory tool to prosecution. Refer the Magistrates Court (Work Health and Safety Infringement Notices Regulation 2011.

Public notices issued in the last three months for updated WHS Codes of Practice

Public notice issued 20 February 2024: The ACT has recently updated the Formwork Code of Practice to better assist PCBUs in meeting their WHS duties and obligations in the Territory. The code of practice has been updated in the ACT to include up to date guidance on ensuring fall protection equipment is used, consultation is undertaken with designers/contractors involved in the construction work and certification that formwork is suitable for other trades to commence.

Further information is available in the factsheet PDF 132KB.

The approved Code will commence in the ACT on 8 May 2024.

Public notice issued 29 January 2024: The ACT has recently updated the Managing the risks of plant in the workplace Code of Practice to better assist PCBUs in meeting their WHS duties and obligations in the Territory. The code of practice has been updated in the ACT to include guidance on preventing vehicle roll-aways, including parking on a level surface where possible and using wheel chocks following revisions made to the related nationally agreed model Code. The approved Code will commence in the ACT on 10 May 2024.

Public notice issued 11 October 2023: Two codes of practice have recently been updated in the ACT that will better assist PCBUs in meeting their WHS duties and obligations in the Territory:

• the Sex Work Code of Practice has been revised to provide updated and current information to PCBUs on how to meet their safety obligations in the sex work sector. Please see attached an infographic on the new Sex Work Code of Practice for distribution amongst your networks and members. The updated code will commence on 5 February 2024.
• the Consultation, Cooperation and Coordination Code of Practice has also been updated and approved in the ACT to adopt nationally agreed adjustments to Appendix D of the code to better support PCBUs in implementing appropriate consultation arrangements to meet work health and safety requirements. The updated code will commence on 23 October 2023.

Notice issued 1/09/2023: The Minister for Industrial Relations and Workplace Safety has approved the ACT Managing Psychosocial Hazards at Work Code of Practice and related amendments to the Work Health and Safety Regulation 2011. For more information refer below dropdown heading Managing Psychosocial Hazards at Work.

Notice issued 20/09/2023: The Minister for Industrial Relations and Workplace Safety has approved the ACT Managing the risks of airborne crystalline silica (silica dust) in the workplace Code of Practice. For more information refer below dropdown heading ACT actions to address silica dust exposure.

Previous public notices issued.

On 24 May 2018, the then Minister for Workplace Safety and Industrial Relations announced that an independent review would be undertaken into the ACT’s work safety, compliance infrastructure, policies and procedures.

Nous Group was subsequently appointed to undertake the review.

The final report of the independent review has been tabled in the Legislative Assembly.

• Independent review of the ACT’s work safety compliance infrastructure, policies, and procedures2.3 MB

The ACT Work Health and Safety Council (WHS Council) is established under the Work Health and Safety Act 2011. The newly constituted WHS Council follows changes to the previous ACT Work Safety Council made under the Work Health and Safety Amendment Act 2019. The WHS Council provides advice to the Minister for Industrial Relations and Workplace Safety on matters relating to work health and safety, workers' compensation, workplace relations, bullying in the workplace and other workplace psychosocial issues. In addition, the WHS Council also has a strengthened function in advising the Minister in relation to the activities and function of the ACT's work health and safety regulator.

The Minister for Industrial Relations and Workplace Safety appoints WHS Council Members on a part time basis for up to four years. The WHS Council is comprised of twelve appointed Members: five members following consultation with employee representatives, five members following consultation with employer representatives and two ex-officio Members: the WHS Commissioner and the Public Sector Workers Compensation Commissioner.

A list of current WHS Council Members can be obtained from the Work Safety Group of the Chief Minister, Treasury and Economic Development Directorate.

Communiqué

Previous ACT Work Safety Council meetings

On 13 December 2023 (https://www.dewr.gov.au/work-health-and-safety/resources/work-health-and-safety-and-workplace-relations-ministers-meeting-13-december-2023), Work Health and Safety Ministers representing the Commonwealth, states and territories agreed to prohibit the use, supply and manufacture of engineered stone in Australia from 1 July 2024 following a national decision Regulatory Impact Statement completed by Safe Work Australia that recommended a national ban.

On 22 March 2024 (https://www.dewr.gov.au/work-health-and-safety/resources/work-health-and-safety-meeting-ministers-22-march-2024), WHS Ministers further agreed the ban would cover engineered stone benchtops, panels and slabs with crystalline silica content of greater than one per cent and will ban its use, supply and manufacture.

Safe Work Australia will amend the model work health and safety laws to give effect to the prohibition and to establish the national exemption framework.

The ACT Government is working closely with Safe Work Australia to ensure the model arrangements can be incorporated into the Territory’s work health and safety laws to implement the prohibition from 1 July 2024.

Businesses are encouraged to explore alternative products as soon as possible and should not enter into any new contracts for the use of engineered stone benchtops, slabs or panes that may not be fulfilled before the prohibition comes into effect on 1 July 2024.

Further updates will be provided here when available. In the meantime, keep an eye on this webpage for updates and refer to information available about the ban of engineered stone at Safe Work Australia (https://www.safeworkaustralia.gov.au/esban).

Until the prohibition comes into effect in the ACT, all persons conducting a business or undertaking in the ACT that involves any crystalline silica material including engineered stone must continue to comply with the silica safety rules established by the Work Health and Safety Regulation 2011.

The ACT's silica safety rules include:

• a ban on dry-cutting engineered stone;
• a ban on uncontrolled dry-cutting other crystalline silica materials;
• requiring a safe work method statement for work involving mechanically cutting crystalline silica materials using a power tool or other mechanical process; and
• mandatory silica awareness training for at-risk workers from 1 October 2023.

The approved training course and relevant occupations has been notified on the ACT Legislation Register [Work Health and Safety (Crystalline Silica Awareness Training Course and Occupations) Declaration 2023 | HTML view (act.gov.au)]. Businesses have until 1 October 2023 to make sure their workers have completed the training.

The new ACT Managing the risks of airborne crystalline silica (silica dust) in the workplace Code of Practice commences on 15 November 2023.

The Code of Practice sets our clear guidance for persons conducting a business or undertaking when managing the risks of silica dust at work. In the ACT this includes implementing control measures established by the Work Health and Safety Regulation 2011.

See the infographic (PDF 192KB) for further information. Please also use the banner and/or media tile to promote these changes with your networks.

For further information about the ACT’s silica safety rules you can download the Silica dust safety regulations for the ACT factsheet (Word 77KB).

Automatic mutual recognition (AMR) is part of national reforms to make it easier for eligible workers to operate interstate. Under AMR workers who hold an occupational registration or licence in one Australian state or territory can work in other Australian states or territories without needing to pay additional fees or apply for a separate registration.

The ACT has exempted from AMR until 1 July 2025 licences under the:

• Labour Hire Licence Act 2020, and
• Dangerous Substances Act 2004.

The exemptions will allow time to resolve issues, such as improving information sharing arrangements between states and territories, and to ensure that Canberra workers and the community continue to be protected by our work health and safety standards.

If you are an ACT licensee wanting to operate in another jurisdiction or an interstate licensee you can find out more about AMR and other occupations on the Access Canberra website.

Portable long service leave enables long service leave entitlements to be accumulated on length of service in a covered industry rather than service with a single employer. Currently, the industries covered are building and construction, contract cleaning, community sector and security.

On 29 March 2023, the ACT Legislative Assembly passed the Long Service Leave (Portable Schemes) Amendment Act 2023 that will expand portable long service schemes to the hairdressing and beauty services industry and the accommodation and food services industry.

Expanding the portable long service leave schemes delivers on an ACT Government commitment and follows a public consultation process held in 2022. For more information about the public consultation process and outcomes please email the Work Safety Group at wsg@act.gov.au.

The amending legislation expands the existing Contract Cleaning Portable Scheme to include two new industries, the:

• hairdressing and beauty services
• accommodation and food services

The expanded scheme, which will be known as the Services Portable Scheme, is due to commence in early 2025 following a two-year transition period.

More information about the changes to the Portable Schemes, including how businesses in the expanded industries can start to prepare can be found in the following factsheets:

• General information about the expansion PDF 179KB
• Employer factsheet PDF 224KB
• Employee factsheet PDF 245KB

Minister for Industrial Relations and Workplace Safety has also published a media release about the changes to Portable Long Service Leave scheme.

For more information about the ACT’s portable long service leave schemes you can visit the ACT Long Service Leave Authority website

The ACT Government has strengthened the Territory’s work health and safety laws to better protect workers from workplace psychosocial hazards.

Psychosocial hazards at work are hazards that:

• can arise from or in relation to:
  • the design or management of work;
  • the working environment;
  • plant at a workplace; or
  • workplace interactions or behaviours; and
• may cause psychological and physical harm.

The new ACT Managing Psychosocial Hazards at Work Code of Practice and associated Regulation amendments commenced on 27 November 2023.

The Code of Practice and the WHS Regulation Amendments set out clear duties for persons conducting a business or undertaking (PCBUs) when managing psychosocial hazards at work. In the ACT this requires implementing control measures according to the work health and safety hierarchy of controls framework.

See the infographic for further information.

Please also use the banner and/or media tile to promote these changes among your networks.

The Work Safety Group, Office (WSG) of Industrial Relations and Workforce Strategy in CMTEDD has today published interim guidance material on extreme heat at work.

This new guidance material provides persons conducting a business or undertaking (PCBU)’s with information to assist in managing extreme heat risks in the workplace and a framework for determining when it is no longer safe to continue work.

During the summer season, it is important for PCBUs to meet their WHS duties when work is being carried out in extreme heat.

View and download guidance about Managing the Risks Associated with Extreme Heat at Work360 KB

Please also note that Work Safety Group (WSG) welcomes ongoing feedback on the implementation of this guidance across ACT workplaces as further work progresses in 2024 to develop material for a code of practice on managing the health and safety risks of working in extreme temperatures. To discuss the interim guidance or work being undertaken in 2024 you can contact WSG by email at: wsg@act.gov.au.

You can also visit the WorkSafe ACT website for further information, including their guidance on Working in the sun.

The purpose of this grant initiative improve information, awareness, and education of workplace rights, with a focus on vulnerable workers such as young workers, culturally and linguistically diverse workers and high-risk industry sectors. Activities funded by the grant are intended to:

The purpose of the grant is to:

• raise and increase awareness of WHS issues and resources in Territory workplaces
• facilitate access to specialist (including legal, training, and advisory) support, taking into account the needs of vulnerable people including new and young workers, citizenship status, cultural and linguistic diversity
• provide other WHS services, advice and support to employers and employees
• improve workplace mental health performance and facilitate access to services, including increased education and awareness about managing psychosocial hazards at work
• raise and increase awareness and education of workplace rights, particularly amongst vulnerable workers, such as young workers and culturally and linguistically diverse workers; and
• undertake research into WHS and other workplace matters.

The grant has a total value of $2,154,961 over the grant period, which runs from 18 December 2023 until 30 June 2028.

The recipient of the grant is the Trades and Labour Council of ACT Inc (known as UnionsACT).

You can view a copy of the Workplace Health and Safety and Conditions Liaison and Education Deed of Grant (PDF 3.8MB).