Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023 (SA)

South Australia

Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023

under the Work Health and Safety Act 2012

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Work Health and Safety Regulations 2012

3            Amendment of regulation 5—Definitions

4            Amendment of regulation 15—References to standards

5            Insertion of Chapter 3 Part 2 Division 11

Division 11—Psychosocial risks

55A         Meaning of psychosocial hazard

55B         Meaning of psychosocial risk

55C         Managing psychosocial risks

55D         Control measures

6            Amendment of regulation 238—Operation of amusement devices and passenger ropeways

7           Amendment of regulation 242—Log book and manuals for amusement devices

Part 1—Preliminary

1—Short title

These regulations may be cited as the Work Health and Safety (Psychosocial Risks) Amendment Regulations 2023.

2—Commencement

These regulations come into operation 4 months after the day on which they are made (see Legislative Instruments Act 1978 section 10AA).

Part 2—Amendment of Work Health and Safety Regulations 2012

3—Amendment of regulation 5—Definitions

Regulation 5(1)—after the definition of proposed major hazard facility insert:

psychosocial hazard—see regulation 55A;

psychosocial risk—see regulation 55B;

4—Amendment of regulation 15—References to standards

Regulation 15—after its present contents insert:

Note—

A person is only required to comply with an Australian Standard or Australian/New Zealand Standard that is applied, adopted or incorporated by, or otherwise referred to in, a regulation to the extent the regulation provides, whether expressly or by necessary implication.

For example, in regulation 5, definition of boiler, there is an exception in paragraph (e)(iii). The definition does not require a person to comply with AS 2593:2004, but equipment must be certified in compliance with AS 2593:2004 in order to fall within that particular exception.

The reference to an Australian Standard in this case is part of a description of equipment excluded from the definition of boiler. As a result, the equipment is not covered by particular provisions of these regulations relating to high risk work.

5—Insertion of Chapter 3 Part 2 Division 11

Chapter 3 Part 2—after Division 10 insert:

Division 11—Psychosocial risks

55A—Meaning of psychosocial hazard

A psychosocial hazard is a hazard that—

(a)arises from, or relates to—

(i)the design or management of work; or

(ii)a work environment; or

(iii)plant at a workplace; or

(iv)workplace interactions or behaviours; and

(b)may cause psychological harm (whether or not it may also cause physical harm).

55B—Meaning of psychosocial risk

A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.

55C—Managing psychosocial risks

A person conducting a business or undertaking must manage psychosocial risks in accordance with Chapter 3 Part 1.

Note—

WHS Act—section 19 (see regulation 9).

55D—Control measures

(1)This regulation applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks in accordance with Chapter 3 Part 1.

(2)In determining the control measures to implement, the person must have regard to all relevant matters, including—

(a)the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards; and

(b)how the psychosocial hazards may interact or combine; and

(c)the design of work, including job demands and tasks; and

(d)the systems of work, including how work is managed, organised and supported; and

(e)the design and layout, and environmental conditions, of the workplace, including the provision of—

(i)safe means of entering and exiting the workplace; and

(ii)facilities for the welfare of workers; and

(f)the design and layout, and environmental conditions, of workers' accommodation; and

(g)the plant, substances and structures at the workplace; and

(h)workplace interactions or behaviours; and

(i)the information, training, instruction and supervision provided to workers.

(3)In this regulation—

workers' accommodation means premises to which section 19(4) of the Act applies.

6—Amendment of regulation 238—Operation of amusement devices and passenger ropeways

Regulation 238—after subregulation (2) insert:

(3)The reference in subregulation (1) to instruction and training in the proper operation of a device or ropeway includes a reference to instruction and training in carrying out the checks and operation required under subregulation (2)(a) and (b).

7—Amendment of regulation 242—Log book and manuals for amusement devices

1. Regulation 242(1)(a)—delete paragraph (a) and substitute:

   (a)the log book for the amusement device records the details required under subregulation (1a); and

2. Regulation 242—after subregulation (1) insert:

   (1a)The log book for an amusement device must record—

   (a)for each occasion on which the device is erected, details (including the date) of the erection; and

   (b)for each occasion on which the device is stored, details of the storage; and

   (c)details of the maintenance of the device; and

   (d)for each day on which the device is operated, the number of hours for which it is operated; and

   (e)the total number of hours for which the device has ever been operated; and

   (f)details of any faults, or other matters relevant to the safety of the device, identified during its operation; and

   (g)the following details for each person who operates the device:

   (i)the person's name;

   (ii)whether the person has been provided with instruction and training in the proper operation of the device;

   (iii)for each occasion on which instruction or training in the proper operation of the device is provided to the person—

   (A)the date; and

   (B)a summary of the instruction or training; and

   (C)the name and qualifications of the instructor or trainer; and

   (h)details of each statutory notice issued in relation to the device, including—

   (i)the date on which the notice was issued; and

   (ii)the reasons for issuing the notice; and

   (iii)any action taken in response to the notice; and

   (iv)for a notice given under a corresponding WHS law—the location of the device when the notice was issued.

   Note—

   See also regulation 238(2)(c)

3. Regulation 242(2)(a)—delete paragraph (a) and substitute:

   (a)the log book for the amusement device; and

4. Regulation 242—after subregulation (2) insert:

   (3)The person with management or control of an amusement device at a workplace must make the log book for the device available to any person to whom the person relinquishes control of the device.

   Maximum penalty:

   (a)In the case of an individual—$1 250.

   (b)In the case of a body corporate—$6 000.

   (4)In this regulation—

   statutory notice means—

   (a)an improvement notice, prohibition notice or infringement notice; or

   (b)an improvement notice, prohibition notice or infringement notice under a corresponding WHS law.

Made by the Governor

with the advice and consent of the Executive Council

on 25 August 2023

No 92 of 2023