Occupational Health and Safety and Other Legislation Amendment Act 2021
On 22 September 2021 the Occupational Health and Safety Act 2004 was amended to:
- enable health and safety representatives (HSRs) and authorised representative of a registered employee organisation (ARREOs) to take photographs or measurements or make sketches or recordings in certain circumstances
- enable HSRs to issue a PIN electronically (ie via email) to an employee, agent or officer of the body corporate if the notice is being issued to a body corporate
- enable inspectors to issue entry reports electronically (ie via email) to a person without first obtaining their consent
- enable inspectors to issue notices electronically (ie via email) to an employee, agent or officer of a body corporate
- enable inspectors to issue infringement notices electronically (ie via email) to a person without first obtaining their consent
This information has not yet been updated to reflect the changes introduced by the amendments.
Information about the new amendments
What it contains
This document outlines the role of WorkSafe inspectors, under occupational health and safety (OHS) laws. This includes:
- entry to a workplace, reports and notices
- how Victorian OHS laws apply at Commonwealth workplaces
- collecting samples
- failure to consult on OHS matters
- inspector roles with designated work group and health and safety representative matters
- issue resolution
- work cessation
- matters related to PINs
- allegations of discrimination
- workplace bullying
- ARREOs (authorised representatives of registered employee organisations)
- timeframes for inspectors to respond to service requests or notifiable incidents
- offences against inspectors
- providing feedback on an inspector visit
- internal review of certain decisions
Changes to inspector powers – infringements
The Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 came into effect on 31 July 2021.
This information has not yet been updated to reflect the changes introduced by these regulations.
Infringement notices scheme
As of 31 July 2021, WorkSafe inspectors will be able to issue infringement notices to persons who commit any of the infringeable offences prescribed in the Occupational Health and Safety Regulations 2017.