This week changes to South Australian WHS laws came into force. The most significant for businesses relate to what a right of entry permit holder can lawfully do, as well as changes in the WHS dispute resolution system.
Right of entry permit holders may now take photos and videos or conduct tests relevant to the suspected health and safety breach – and no longer must provide SafeWork SA a report of their findings.
WHS disputes can now be referred to the South Australian Employment Tribunal (SAET) if a dispute remains unresolved 24 hours after it has been referred to SafeWork SA to assist. The SAET can take whatever action it sees fit, including mediation, conciliation or arbitration. The law provides protection against referred disputes that are frivolous, vexatious, misconceived or lacking in substance, however, with the SAET able to dismiss such cases and order the costs be paid by the party who referred the dispute.
Businesses are strongly encouraged to reassess their WHS dispute resolution policies and procedures, ensuring they are well-prepared to handle conflicts internally and collaboratively with employees, thereby reducing the likelihood of disputes escalating to SAET.
The Chamber worked extensively with government over many months on this new legislation to mitigate the potential challenges for business. While we would have preferred the government focus its efforts on better resourcing SafeWork SA, we ensured the changes that eventuated were as business friendly as possible.
For more information, please visit SafeWork SA’s website.
Need help?
For work health safety information, advice, or assistance, please call our Business Advice Hotline on 8300 0000 (select option 1) or contact us on line here and one of our WHS experts will be in touch.
