Increased Oversight and Enforcement from SafeWork NSW

Back in 2022, the NSW Government undertook a review of SafeWork NSW’s performance. The review focused on SafeWork NSW’s enforcement, educational functions, structure, organisational separation, governance and culture.

On 15 December 2023, a final report was published which outlined 46 accepted recommendations aimed at improving SafeWork’s effectiveness and responsiveness. A copy of the final report can be found here.

Some Key Recommendations: 

• Transformation of SafeWork NSW into a standalone regulator.
• Establishment of a system to access claims data held by workers’ compensation insurers.
• Enhanced enforcement activities targeting workplace psychosocial hazards.

What Does This Mean For Clubs? 
While the timeline for implementation is not clear, NSW Work Health and Safety Minister Sophie Cotsis has officially endorsed these recommendations and confirmed plans for SafeWork’s transformation into a standalone regulator. Clubs should anticipate heightened scrutiny from SafeWork NSW and prepare for increased regulatory oversight of human resources practices, including in relation to psychosocial health and safety.

Work Health and Safety & HR Practices
One of the most important recommendations in the report relates to granting SafeWork inspectors access to workers’ compensation claims data for the purpose of identifying at-risk industries, employers, workers and to target programs of education and inspection.

As a result, clubs may see an increase in the regulatory oversight of their HR practices which will emphasise the need for clubs to ensure compliance with health and safety regulations and adopt a holistic approach to their employment practices.

Increased Priority for Psychosocial Health and Safety
Additionally, SafeWork will focus on addressing emerging psychosocial hazards in the workplace. This means that there will be an increased focus on combating psychosocial health and safety issues in the workplace by SafeWork NSW. Clubs should increase focus on addressing the emerging psychosocial hazards proactively in their workplace. 

In conclusion, as SafeWork embarks on its transformation into a standalone regulator, clubs should anticipate greater regulatory oversight with focus on stronger, more responsive regulatory work, health and safety enforcement in NSW and prepare for increased involvement by SafeWork in their HR/employment practices.

Recent Case Study from SafeWork 
SafeWork has the authority to prosecute individuals or employers who violate Work Health and Safety (WHS) laws. Recently, the District Court of NSW imposed a $300,000 fine on a residential care provider Marist Youth Care Ltd (MYC), for breaching its WHS obligations. This legal action was initiated by SafeWork NSW.

In this particular case, the Court determined that MYC neglected to address known risks of inappropriate sexual and violent behaviour, exposing workers to the potential for serious illness or injury.

It's essential for clubs to understand that under NSW WHS laws, they are obligated to take proactive measures to safeguard workers from harm, including instances of violence and sexual harassment. This involves regularly evaluating workplace layouts and conditions that could contribute to such issues, such as working alone or during nighttime hours. Furthermore, clubs should work to overcome barriers to reporting violent incidents or sexual harassment by providing confidential reporting channels and offering support to those who come forward with reports.