Work Health and Safety Amendment Regulation 2022 (No 2) (ACT)

The Australian Capital Territory Executive has introduced the Work Health and Safety Amendment Regulation 2022 (No 2) to amend the Work Health and Safety Regulation 2011. This regulation aims to address the risks associated with uncontrolled dry cutting of material containing crystalline silica in workplaces. The regulation imposes obligations on persons conducting a business or undertaking at a workplace to ensure that certain control measures are in place when cutting material containing crystalline silica.

The regulation introduces new definitions and provisions to enhance workplace safety. Key legal issues addressed include the definition of "additional crystalline silica control measure," "Class H vacuum cleaner," "Class M vacuum cleaner," "engineered stone," "local exhaust ventilation system," "mechanical process," and "wet dust suppression method." The regulation also introduces transitional provisions to allow for a gradual implementation of the new requirements.

The court's reasoning focuses on the need to protect workers from the health risks associated with exposure to airborne crystalline silica. The regulation mandates the use of specific control measures to suppress airborne contaminants and reduce worker exposure. The court found that the regulation is consistent with the objectives of the Work Health and Safety Act 2011, which aims to provide a safe and healthy work environment. The regulation's provisions are considered necessary and proportionate to achieve this objective.

The regulation introduces new offences and penalties for non-compliance with the specified control measures. The maximum penalty for an individual is $6,000, while for a body corporate, it is $30,000. The regulation also includes strict liability provisions for each physical element of the offences, unless otherwise stated.

The final orders of the court include the approval and promulgation of the Work Health and Safety Amendment Regulation 2022 (No 2), which amends the Work Health and Safety Regulation 2011 to enhance workplace safety and protect workers from the risks associated with uncontrolled dry cutting of material containing crystalline silica. The regulation comes into effect on the day after its notification, with certain transitional provisions applying to specific workplaces.