Will there be a transition period for businesses to adopt the new laws?
Yes, transitional arrangements are now in place where duties are new or substantially changed from previous requirements.
Part 16 of the Work Health and Safety Act 2020 provides transitional periods for matters ranging from the terms of health and safety representatives (HSRs), to manufacture and imports.
The approach taken is consistent with the transition principles agreed to by Safe Work Australia.
Transitional arrangements in WHS Regulations
The following transitional provisions apply from the commencement of the Work Health and Safety laws.
Work Health and Safety (General) Regulations 2022 – transitional and savings provisions
These transitional and saving measures apply from the commencement of the Work Health and Safety (General) Regulations 2022 (WHS General Regulations). Measures that transition or preserve existing arrangements in the Occupational Safety and Health Regulations 1996 (the OSH Regulations) or delay commencement of certain duties in the WHS General Regulations can be found in regulation 2 (Commencement) or Part 11.4 Transitional and savings provisions (transitional).
Work Health and Safety (Mines) Regulations 2022 – transitional and savings provisions
These transitional and saving measures apply from the commencement of the Work Health and Safety Act 2020 (WHS Act) and Work Health and Safety (Mines) Regulations 2022 (WHS Mines Regulations). Measures that transition or preserve existing arrangements in the Mines Safety and Inspection Regulations 1995 (the MSI Regulations) or delay commencement of certain duties in the WHS Mines Regulations can be found in regulation 2 (Commencement) or Part 11.4 Transitional and savings provisions (transitional).
Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 – transitional provisions
These transitional provisions apply from the commencement of the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 (WHS PAGEO Regulations). Measures that transition or preserve existing arrangements in the current Petroleum (Submerged Lands) (Diving Safety) Regulations 2007, Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007, Petroleum and Geothermal Energy Resources (Management of Safety) Regulations 2010, Petroleum (Submerged Lands) (Pipelines) Regulations 2007 and Petroleum Pipelines (Management of Safety of Pipeline Operations) Regulations 2010 or delay commencement of certain duties in the WHS PAGEO Regulations can be found in Part 6 (Transitional provisions).