Compliance Policy
Policy Context
Compliance with legal obligations is expected of every duty holder in NSW .
WHSD commits significant resources to assist duty holders comply . For example , it monitors compliance through audits , enforces compliance with the use of notices and sanctions non compliance by cancelling authorisations .
The National Compliance and Enforcement Policy states that the aim of these activities is the achievement of sustainable compliance and the prevention of injury and illness .
However as every inspector knows , a business that is compliant with its legal obligations may still have incidents that harm and injure workers or expose them to risks to their health .
So whilst promoting , detecting and dealing with non -‐ compliance is an essential activity of WHSD , it is only one part of its overall strategy to prevent injury and illness to workers .
Policy Purpose To guide WHSD staff in the use of their compliance powers .
Policy Goals By applying this policy actions taken by staff will :
• Be seen as fair
• Be consistent across duty holders in similar circumstances
Regulatory Goals As a result of applying this policy :
• Duty holders will be more likely to self regulation
• Duty holders will stop unlawful conduct
• Duty holders will strive for future compliance
• Duty holders will be more aware of the law
• Duty holders will be deterred from future non compliance
Scope This policy applies to all WHSD inspectors
Legislation WHS Act Part 9
Policy Principles
• A graduated approach to achieving compliance is to be preferred -‐ the use of mild enforcement is to be considered before more severe tools
• An enforcement response is to be proportionate to the non compliance
• Multiple enforcement tools may be used for a single breach when their cumulative impact is to promote compliance
• Different enforcement tools may be used during a single interaction where multiple non compliances are found
• Actions that assist future compliance are to form part of an all interactions