Infringement notices are an enforcement tool available to WorkSafe under the HSW Act. You can consider these to be similar to tickets (infringement notices) issued by the Police for speeding or using a mobile phone while driving. Click below to see the infringement offences under HSW – including the Asbestos, Hazardous Substances and General Risk and Workplace Management Regulations.
The EPA is currently consulting on an infringement notice scheme under the HSNO Act, if you have opinions on this now is your chance to have a say. The offences for infringement notices are being considered for
- Hazardous Substances (Fireworks) Regulations 2001
- EPA Hazardous Substances Notices
- Hazardous Property Controls – this includes controls on hazardous substances not at a workplace as well as ecotoxic substances
- Labelling
- Packaging
- Safety Data Sheets
- Importers and Manufacturers
- Disposal
Why are EPA looking at this?
The current range of enforcement tools for hazardous substances is limited to warning letters, compliance orders, or prosecution. An infringement scheme will provide an intermediate enforcement tool.
This will let enforcement officers respond to lower-level offences in a way that is more efficient and proportional to the offending. Access to appropriate enforcement tools in a timely and efficient manner will support improved compliance and provide deterrence for future non-compliance. Improved compliance will reduce the risk of harm to people and the environment
EPA Consultation page – submissions close 28 August 2023
Clearly compliance with the law means you will not be issued an infringement notice – unsure where you stand on your hazardous substances or asbestos compliance – give the team at Chemsafety a call.
Click below to see how Chemsafety can help you with your hazardous substance requirements.