18 October 2023
In a significant move to enhance workplace safety and protect the health of its residents, the New South Wales government has introduced stringent penalties for breaches of Work Health and Safety (WHS) regulations related to silica and asbestos. These measures are a proactive response to the known health risks associated with exposure to these hazardous materials.
One of the most substantial changes is the introduction of higher fines and maximum imprisonment times for businesses found in severe breach of WHS laws with "category one offences." These violations will now face maximum fines of up to $2.1 million, nearly three times the previous limit. Additionally, the maximum imprisonment time has been increased from five years to 10 years. This sends a clear message that non-compliance with safety regulations, particularly regarding asbestos and silica, will have serious consequences.
To prevent employers from considering WHS fines as merely a "cost of doing business," the new rules have banned the use of insurance to cover these fines. This move underscores the government's commitment to creating a culture of safety in the workplace, where businesses prioritize the protection of their workers.
Sophie Cotsis, the NSW Work Health and Safety and Industrial Relations Minister, emphasized the government's dedication to worker safety, stating, "These new laws demonstrate just how seriously this Government takes keeping workers safe in NSW." She further stressed that every worker deserves a safe environment and the assurance of returning home safely to their family and loved ones.
The NSW government's commitment to worker safety extends to empowering SafeWork to issue "prohibited asbestos notices" to workplaces and enable the permanent removal of asbestos materials. This will ensure the swift and effective mitigation of asbestos-related risks.
These actions in NSW also have broader implications at the national level. Commonwealth Work Health and Safety Ministers are expected to convene in the coming weeks to discuss regulatory frameworks and calls for a ban on manufactured stone products. These products have been directly linked to dust diseases, particularly silicosis, highlighting the need for unified efforts to address these health hazards.
The NSW government's decision to toughen penalties for asbestos and silica violations underscores its commitment to the well-being of its residents and workers. These measures will not only enhance workplace safety but also have broader implications for worker protection at the national level. By proactively addressing the risks associated with hazardous materials, NSW is taking a significant step toward creating safer, healthier, and more secure work environments for all.
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