Regulatory approach to NSW work health and safety legislation

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 provide 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 outlines how it will administer compliance requirement in Our Approach to Work Health and Safety Regulation which outlines that we will apply a graduated approach to compliance and enforcement in line with the ‘National Compliance and Enforcement Policy’.

Transitional arrangements for the provision of personal protective equipment (PPE) by food delivery booking providers

SafeWork NSW will provide a transitional period to allow for food delivery booking providers to source compliant PPE and to provide food delivery riders working for their platform with this PPE. Providers have until 1 November to comply with this requirement.

During this time SafeWork NSW will primarily take an educational approach that focuses on ensuring that businesses and workers are aware of the new compliance requirement, and that duty holders have made genuine attempts to comply.

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.

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