OHS Regulations Reform. August 2016
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1 OHS Regulations Reform August 2016
2 Background > The Occupational Health and Safety Regulations 2007 (OHS Regulations) and the Equipment (Public Safety) Regulations 2007 (EPS Regulations) sunset in June 2017, 10 years after they were made > The Government is required to review and make replacement regulations by this date > The OHS Regulations: - prescribe what an employer must do to comply with the duties set out in the Occupational Health and Safety Act 2004 (OHS Act) - provide the foundation for Victorian businesses to deliver successful health and safety outcomes - cover general duties under the OHS Act, various physical hazards, hazardous substances and materials, and hazardous industries > The EPS Regulations largely mirror the part of the OHS Regulations which deals with plant, and applies those provisions to plant that exists outside work places Page 2
3 Aims of the review > Evaluate the effectiveness of the existing Regulations > Improve health and safety outcomes for workers > Identify and deliver savings to businesses without reducing safety standards > Ensure the Regulations align with areas of greatest risk > Ensure the Regulations deliver a proportionate regulatory response > Streamline and modernise the Regulations while maintaining best practice Page 3
4 OHS Regulations Reform Comprehensive review has been undertaken on: > Manual Handling > Plant and High Risk Work > Hazardous Substances, Scheduled Carcinogenic Substances and Lead > Mines > Major Hazard Facilities > Construction > Noise and Confined Spaces > Asbestos > General matters > Prevention of falls Page 4
5 Proposed changes OHS Regulations > Most changes proposed to the OHS Regulations relate to: - high risk work licence classes and requirements - safety management obligations relating to major hazard facilities - mining hazards, entry into a mine, communication and safe air levels in mines - chemical labelling - asbestos removal work - record keeping More information on the changes can be found in the summary guide Page 5
6 Proposed changes EPS Regulations > Key changes proposed to the EPS Regulations include: - the introduction of a supplier duty in relation to roll-over protection on tractors - the introduction of a manufacturer duty to provide information in certain circumstances - removal of notification duties for suppliers of domestic lifts - a requirement to notify of incidents involving self-erecting tower cranes More information on the changes can be found in the summary guide Page 6
7 Proposed changes Fees > It is proposed to increase the following fees: - asbestos removal licence application and renewal - high risk work licence replacement and issue - major hazard facility (MHF) licence - exemption application - registration and renewal of plant design - carcinogenic licence (Schedule 1) > A fee decrease is proposed for construction induction cards > It is also proposed to introduce a new fee for safety case applications made under an MHF licence Page 7
8 Proposed changes Transitional arrangements > Transitional arrangements are proposed for changes relating to: - boiler operation licences - reach stacker operation licences - Major Hazard Facilities licences Page 8
9 Regulatory Impact Statement Background > Deloitte Access Economics developed the required Regulatory Impact Statement (RIS) > The RIS estimates: - the current impact of the OHS and EPS Regulations - the extent of any associated health and safety benefits or time and cost savings resulting from any potential changes to the regulations for businesses in Victoria > The RIS considered a number of regulatory options to address the problem of work-related injuries, diseases and fatalities, and estimates their overall impacts, including health and safety outcomes, and compliance costs for the Victorian community Page 9
10 Regulatory Impact Assessment Key findings > The proposed Regulations are expected to reduce compliance costs by approximately $9 million per year, or in net present value terms, $84 million over the 10 year life of the regulations > The changes that contribute to reducing compliance costs include: - broadening the scope of bridge and gantry and vehicle loading crane HRW licences ($3.6m annual average cost) - reducing material safety data sheet review requirements ($1.7m annual average cost) - simplifying mine communication requirements ($2.9m annual average cost) - introducing a specific reach stacker licence ($1.5m annual average cost) Page 10
11 OHS Regulations Reform Public comment > Public comment is invited on the draft Regulations and RIS by close of business on Friday 9 September 2016 > Submissions can be provided online, via or by post > Visit consultation.worksafe.vic.gov.au to download the public comment documents, find out more information or make an online submission Page 11
12 OHS Regulations Reform Indicative timeframes 18 July 9 September 2016 > Proposed OHS and EPS Regulations and RIS made available for public comment September 2016 December 2016 > WorkSafe will consider and address public comment submissions January 2017 March 2017 > Finalise draft regulations > Ministerial endorsement to make the regulations June 2017 > New regulations are made > Implementation Page 12
13 OHS Regulations Reform Codes proposed to be made in 2017: > Hazardous manual handling Compliance Code > Hazardous substances Compliance Code > Plant Compliance Code > Confined spaces Compliance Code > Demolition Compliance Code > Facilities in Construction Compliance Code > Excavation Compliance Code > Managing asbestos in the workplaces Compliance Code > Removing asbestos in the workplace Compliance Code > Noise Compliance Code Page 13
14 OHS Regulations Reform Any questions? Visit consultation.worksafe.vic.gov.au to download the public comment documents, find out more information or make an online submission any questions or comments to Page 14
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