Work Health and Safety Amendment (Penalty Notices) Regulation 2022

The Work Health and Safety Amendment (Penalty Notices) Regulation 2022 makes amendments to the Work Health and Safety Regulation 2017. The Amendment Regulation commenced on 14 October 2022.

It allows penalty notices to be issued for previously existing electrical work and asbestos offences in the WHS Regulation. Under Schedule 18A, penalty notices can now be issued for offences under the following clauses:

  • Clause 149(1) – disconnection of unsafe electrical equipment
  • Clause 156 – inadvertently re-energising de-energised electrical equipment
  • Clause 164(2) – use of socket outlets in a hostile operating environment
  • Clause 166(1) and (2) – unsafe distances to an overhead or underground electric line
  • Clause 446 (1) and (3) – limitation on use of certain equipment on asbestos or asbestos containing materials
  • Clause 469 – signage and barricades for asbestos removal work
  • Clause 473(2) – asbestos clearance inspections
  • Clause 474(2) and (3) – asbestos clearance certificates
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