Purpose
This statement sets out the compliance and enforcement approach that SafeWork NSW will take to ensure compliance with Clause 184Q of the Work Health and Safety Amendment (Food Delivery Riders) Regulation 2022.
Background
From 1 July 2022, new requirements for food delivery booking providers to supply high-visibility personal protective equipment (PPE) to food delivery riders come into effect. As defined by Clause 184P of the Regulation, this PPE must include a retroreflective outer garment and a bag or container used for safely transporting food or drink. Both items of PPE must adhere to the relevant Australian Standards.
The NSW WHS legislation is a risk-based framework that considers what is ‘reasonably practicable’. SafeWork NSW also outlines how it will administer compliance requirement in Our Approach to Work Health and Safety Regulation, stating that we will apply a graduated approach to compliance and enforcement in line with the ‘National Compliance and Enforcement Policy’.
SafeWork NSW’s approach to the provision of personal protective equipment (PPE) by food delivery booking providers
SafeWork NSW considers that compliance with the provision of the retroreflective outer garment is achievable by 1 July 2022. However, it recognises there may be some practical challenges in obtaining compliant bags and containers due to supply chain issues arising from the COVID pandemic.
Noting the potential for these practical challenges, SafeWork NSW will apply an educational approach to compliance until 1 November 2022 in relation to bags and containers that focusses on ensuring businesses and workers are aware of the new requirement, and that duty holders have made genuine attempts to source appropriate retroreflective equipment.
SafeWork NSW will continue to respond to matters involving serious incidents or fatalities in the usual way, including seeking evidence to determine causation or requiring implementation of various ‘make safe’ provisions.
More information
SafeWork NSW will monitor the situation and regularly engage with industry and industry representatives.
For more information, please refer to food delivery industry advice and guidance for NSW.
Natasha Mann
Deputy Secretary,
Better Regulation Division
29 June 2022