WorkCover Authority of New South Wales

The WorkCover Authority of New South Wales primarily administers New South Wales workplace health and safety law, including the Work Health and Safety Act, 2011 (NSW)[5] and the Workers Compensation Act, 1987 (NSW).[6] WorkCover prepares codes of practice for particular industries,[7] and investigates reports of unsafe practices in particular workplaces.[8]

Through the investigation of complaints of occupational health and safety practices, WorkCover inspectors may forcibly enter places of work, take objects, and require information from people in charge of particular places of work.[9] Once an investigation has concluded, WorkCover may require employers to improve their occupational health and safety practices, or refrain from authorising certain work.[10]

WorkCover assesses all health and safety aspects of the workforce. This includes the environment by which an employee may raise a workplace safety issue and how to do so, the rights and responsibilities of everyone in the work place, including employers, employees and people visiting the workplace, the duty of care of people in the workforce, including planning for the prevention of accidents to people in the workplace, and what happens when these duties aren’t met. WorkCover may also review bullying and psychosocial issues of employees and employers, and how to stop bullying, the appropriate knowledge and handling skills of different chemicals, how efficient and ergonomic the workplace is, ensuring appropriate usage of space. The Authority may also examine noise levels within the workforce, not exceeding the legal noise limit, and also the correct use and apt training for the use of machinery and equipment.[11]

If a workplace injury or disease occurs, workers and employers are protected by the NSW workers compensation scheme.[12] The scheme is in place to help maintain a financially viable workers compensation system that is fair and affordable for employers and improves outcomes for injured workers. The scheme is in place to give workers injured in the workplace medical and financial support. It is funded by premiums that are paid by the employers. The amount of premium that is paid by the employer depends on a few factors including the industry or sector operated; the amount of wages paid to your workers, the costs of any claims made by your injured workers and the dust diseases levy.[12] If an injury does occur in the workplace, the employer will be covered for the cost of compensation to the worker that is injured, provided the employer has a ‘workers compensation insurance policy’. Due to the workers compensation system, any injured worker may be able to get compensation in the form of weekly payments; lump sum payments for permanent impairment (and pain and suffering where applicable); and payment of medical and hospital expenses and rehabilitation assistance.[12]

WorkCover is responsible for providing protection to workers and employers in the form of a compensation system for work sustained injuries, which can provide weekly payments, lump sums for permanent impairment (and pain and suffering where applicable), payment of medical bills, provision of legal assistance to pursue a claim, and/or intensive rehabilitation assistance.[13]

Workplace injuries are managed to ensure that the worker recovers and is able to return to work. This includes treatment and rehabilitation, retraining of the worker and the management of any compensation claims. The idea is that through the management of the injury, the worker may be able to return to work as soon as possible, and that all parts of an employer's policies for the return to work program are followed. A return to work coordinator should be nominated by an employer to help injured workers to return in a safe manner. The return to work coordinator can either be an employee nominated by the employer, or a person contracted specifically for this purpose. As part of the return to work program, an employer shall provide suitable duties for the worker during their recovery period, so that they are still able to continue working and do not have to take time off work completely. These duties should be short term, with a goal of assisting the recovery process, and shall comply with the worker's medical certificate, and finally shall be agreed upon by the employer, the worker, and their doctor.[13]

WorkCover also runs various programs to help injured workers in returning to work. These include short periods of work experience called work trials to assist them in developing or redeveloping skills, and to build up physical and psychological fitness; formal retraining of skills at TAFE or university if the worker is unable to find suitable work after injury; funding to help with purchasing equipment to modify the work environment to the injured worker's needs; and the JobCover placement program (JPP), which provides a financial incentive to another employer to employ the injured worker[13] In the case of a worker being injured, the employer, worker and insurer all have certain responsibilities to ensure that they are compensated, and given assistance so they can make a full recovery and return to work.[14]

Before people and businesses undertake high risk activities in the workplace, they may be required to:

• obtain a permit
• notify WorkCover
• register certain equipment
• hold a licence or certificate of competency [15]

WorkCover's Licensing Solutions Unit administer, advise, assess and approve applications for licences, permits, registrations and notifications. To be able to use explosives or fireworks, a licence must be received from WorkCover. They are in charge of the regulation of explosive chemicals, in terms of unsupervised handling, use, manufacture, storage, import, supply and transport.[5] It is illegal to be in possession of explosive and dangerous chemicals without the appropriate WorkCover licence. Licences for explosives will only be given for commercial manufacturing, mining and quarrying, and anyone applying for these licences must have extensive background checks from police and security agencies. For fireworks, either a pyrotechnicians licence, or a fireworks (single use) licence is required. A pyrotechnicians licence allows you to use fireworks and teach people with a fireworks (single use) licence in the correct handling of fireworks. A licensed pyrotechnician must also notify WorkCover seven working days before any fireworks are used, and complete the Fireworks display: Notification of pyrotechnics/fireworks display form.[15]

As well as explosives and fireworks, licences must be issued for things such as asbestos removal, demolition work, and other high risk work activities. As well as gaining the respective licence, WorkCover must be notified if someone is undertaking any of the following activities:

• asbestos removal
• demolition work
• fireworks displays
• importation or export of explosives or security sensitive dangerous substances
• lead risk work
• operating a Major Hazard Facility (MHF) under the Work Health and Safety Regulation 2011
• storage of dangerous goods
• using carcinogenic substances at a place of work [15]

WorkCover is responsible for the administration and enforcement of compliance with occupational health and safety, management of workplace injury and workers compensation legislation it also manages the workers compensation system.[17]

In December 2005, the Independent Commission Against Corruption found that 23 WorkCover employees had issued false certificates of competency, which ICAC states significantly undermined workplace safety on building sites.[18] ICAC further states that systemic corruption risks were exposed by the incident:

[The ICAC] identified a number of deficiencies such as sharing of logon details and passwords, lack of supervision and controls in approving and printing certificates of competency, and lack of reconciliation between certificates issued and applicant fees.[18]

In 2002, a New South Wales parliamentary committee criticized the WorkCover Authority.[19]

In 2012 a new Act, Regulations and Codes of Practice was enacted. The revised legislative instruments aimed at providing rights for health and safety to everyone in the workplace as well as providing them the opportunity to give their opinion of their workplaces' health and safety practices without having to worry about speaking out about an issue.[20] The legislation includes changes to the laws involving PCBU's reasonably, control of hazardous work, plant and structure requirements, construction restrictions, labelling and classification of hazardous chemicals and a few changes to those regarding mines.[20]

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