7B Enforcement

The Governor in Council made the Occupational Health and Safety Amendment (Infringements and Miscellaneous Matters) Regulations 2021 (Infringement Regulations) on July 20, 2021. These new regulations, which will lead to the insertion of Chapter 7B (and a new Schedule 20)into Occupational Health and Safety Regulations 2017, will commence on 31 July 2021. They are expected to get Royal Assent in the next few days. 

The introduction of Infringement Notices was a 2018 election commitment by the Victorian Labour party. 

The Occupational Health and Safety Regulations 2017 will be amended to

(a) prescribe certain offences as offences for which an infringement notice may be issued; and
(b) prescribe infringement penalties in respect of those offences; and
(c) prescribe the class of persons who may issue infringement notices

Part 7B Enforcement will be inserted after Part 7A

553P Infringement offences and infringement penalties

This regulation refers to section 139(1),(2) & (3) of the OHS Act. An offence listed in Column 2 of Schedule 20 is an "infringement offence". The penalties for a natural person are set out in Column 3, and those for a body corporate are set out in Column 4 of Schedule 20.  

WorkSafe inspectors can issue infringement notices/

There are 54 offences listed in Schedule 20 - breaches of the OHS Act and of the Regulations. (this table will be completed soon)

  Act/Reg provision Detail    
1 Act s40(2)  

A person must not use plant at a workplace if:

(a) the regs require the plant or the design to be licensed or registered; and 
(b) the plant or its design is not licensed or registered in accordance with the regs

   
2 Act s40(3)  A person must not use a substance at a workplace if:

(a) the regs require the substance to be licensed or registered; and 
(b) the substance is not licensed or registered in accordance with the regs

   
3 Act s40(4) A person must not carry out work, or an activity at a workplace if:

(a) the regs require the work or activity, or class of work or activity, to be carried out by a person who is registered or licensed; and 
(b) the person is not registered or licensed in accordance with the regs

   
4 Act s41 Requirements for prescribed qualifications or experience     
5 Act s 69(1)(a) Obligations of employers to provide HSRs access to information on actual or potential hazards and the health and safety of the members of the DWG.    
6 Regulation 33(1) Noise: Employer to keep a written record of determinations of exposure to noise (which they must undertake under r32)    
7 Regulation 39 Employer must obtain reports of audiological examinations (which they must arrange under r37&38)    
8 Regulation 40(1) Employer must keep the test results of employees' audiological examinations    
9 Regulation 61 Where work is performed in, or in preparation of, a confined space, the employer must erect signs to identify the space, notify employees not to enter and clearly identify each entry point.     
10 Regulation 64 Employer must keep confined space entry permits until the work is completed, or, if a notifiable incident occurs, for at least 2 years after the incident.    
11 Regulation 68 On completion of work for which a confined space entry permit, the employer must keep written record that all employees have exited it.    
12 Regulation 94(1) Plant: a supplier of plant who hires or leases plant must make a record detailing any inspection or maintenance carried out (as per r93)    
13 Regulation 106 Duties of the employer with regard to records of inspection and maintenance of certain types of plant that the employer has management or control of, as detailed in this part or in schedules to the regulations.    
14 Regulation 110 Employers must ensure that powered mobile plant that could collide with pedestrians or other mobile plant is fitted with a warning device.    
15 Regulation 129 Employers must not allow unlicensed employees to perform high risk work.    
16 Regulation 162(1) Employers must prepare and maintain a register of all hazardous substances supplied to the workplace.    
17 Regulation 168(1) Employers must keep a record of the results of atmospheric monitoring (required under r166) for 30 years, unless a different period is determined by the Authority    
18 Regulation 171 Employers must keep records of health monitoring (required under r169 for certain hazardous substances) for 30 years, unless a different period is determined by the Authority    
19 Regulation 175(1) Employers must make a record of each person who works with a scheduled carcinogenic substance at the workplace    
20 Regulation 175(3) These records must be kept for 30 years from the date the person last worked with the substance.    
 21 Regulation 220(1) A person must not store asbestos    
22 Regulation 246 Removal of asbestos: asbestos can only be removed by a someone holding an asbestos removal license - unless that person is permitted under r250 to perform limited asbestos removal.
(r250 allows for removal of less than 10 square metres of non-friable asbestos as long as this can be done in one hour or less in total during a 7-day period. This time limitation also applies to asbestos dust)
   
23 Regulation 252(2) A person performing limited asbestos removal work must make a record of the mandated training while engaged in the work    
24 Regulation 263(1) Employers must obtain a summary of the results of medical examinations of employees undertaking limited asbestos removal work    
25 Regulation 263(2) Employers must keep a copy of the summary of results for 30 years, unless a different period is determined by the Authority    
26 Regulation 266(2) An asbestos removal license holder must not appoint a person as an asbestos removal supervisor if the Authority as not accepted the nomination of that supervisor    
27 Regulation 278(2) An asbestos removal license holder must ensure that a person does not remove PPE or equipment that is likely to be contaminated from the area where asbestos removal is being performed unless these have been decontaminated or contained before removal    
28 Regulation 278(3) also relating to decontamination of PPE and equipment    
29 Regulation 283(1) The asbestos removal license holder must obtain a summary of the results of medical examinations of employees undertaking asbestos removal work (as required under r282)    
30 Regulation 283(2) The asbestos removal license holder must keep a copy of the summary of results for 30 years, unless a different period is determined by the Authority    
31 Regulation 297(1) A person who commissions any Class A or Class B asbestos removal work must obtain a clearance certificate from an independent person on completion of the asbestos removal work and before the area where the work was performed is re-occupied    
32 Regulation 298(1) An asbestos removal licence holder must notify the Authority of asbestos removal work 24 hours before limited removal work, or 5 days before other work    
33 Regulation 298(3) A copy of this notice must be given to the person who commissioned the removal work    
34 Regulation 313(1) An employer must obtain a summary of the results of medical examinations of employees undertaking ongoing asbestos-related activities as detailed in r302 (as required under r311)    
35 Regulation 313(2) Employers must keep a copy of the summary of results for 30 years, unless a different period is determined by the Authority    
36 Regulation 314(1) Employers carrying out asbestos-related activities must ensure that a person does not remove PPE or equipment that is likely to be contaminated from the area where asbestos removal is being performed unless these have been decontaminated or contained before removal    
37 Regulation 314(2) also relating to decontamination of PPE and equipment    
38 Regulation 329 Construction: An employer or self-employed person must keep a copy of the safe work method statement (required under r327) for the duration of the high risk construction work    
39 Regulation 334(1) A principal contractor on a construction site must put up signs visible from the outside with their name and contact phone numbers    
40 Regulation 337(1)      
41 Regulation 352      
42 Regulation 355(1)      
43 Regulation 370      
44 Regulation 373      
45 Regulation 412(2)      
46 Regulation 412(3)      
47 Regulation 419      
48 Regulation 422      
49 Regulation 433(4)      
50 Regulation 438      
51 Regulation 474      
52 Regulation 476(1)      
53  Regulation 476(2)      
54 Regulation 544(3)      

Last amended July 2021