WA to introduce new WHS laws and regulations

Western Australia has published new Work Health and Safety Regulations in the Government Gazette. The Minister for Industrial Relations, the Hon Bill Johnston MLA, announced that the Work Health and Safety Act 2020 and regulations will come into effect on 31 March 2022. The new regulations can be found on the Western Australian Legislation website, and include:

• Work Health and Safety (General) Regulations 2022
• Work Health and Safety (Mines) Regulations 2022
• Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022
• Petroleum (Submerged Lands) (Pipelines) Regulations 2022
• Mines Safety and Inspection Levy Amendment Regulations 2022
• Petroleum and Geothermal Energy Safety Levies Regulations 2022.
   

There are also consequential amendments to regulations that are administered by different agencies:

• Attorney General Regulations Amendment (Work Health and Safety) Regulations 2022
• Commerce Regulations Amendment (Work Health and Safety) Regulations 2022
• Environment Regulations Amendment (Work Health and Safety) Regulations 2022
• Industrial Relations Commission Amendment Regulations 2022
• Mines and Petroleum Regulations Amendment (Work Health and Safety) Regulations 2022
• Radiation Safety (General) Amendment Regulations 2022
• Salaries and Allowances Amendment Regulations 2022
• Transport Regulations Amendment (Work Health and Safety) Regulations 2022
• Western Australian Meat Industry Authority Amendment Regulations 2022.
   

The new laws recognise modern work relationships such as subcontractors and gig economy workers, and introduces the term “person conducting a business undertaking”; this means anyone who engages a WA worker has a duty to protect their health and safety. Industrial manslaughter laws will also begin, carrying a maximum penalty of 20 years’ imprisonment and a $5 million fine for an individual and a maximum $10 million fine for a body corporate.

The new laws confirm that officers (senior decision-makers) must exercise due diligence to ensure compliance with the laws, ensuring that the responsibility for workplace safety sits with those at the top of an organisation’s hierarchy. Insurance will no longer cover penalties, ensuring that persons conducting a business or undertaking are held accountable for their actions and are responsible for financial penalties. The new laws also bring together WHS for general industry, mines and petroleum operation under a single WHS Act.

The new laws harmonise WA with other states and territories, except Victoria. This means companies that operate across Australia will have similar obligations and requirements in each state and territory. Johnston said these new laws will modernise Western Australia’s outdated workplace safety laws, which were over 30 years old, and will protect all workers, physically and mentally.

“It reflects the social obligations and responsibilities the community now expects from companies and their senior management,” Johnston said. He said that the new Work Health and Safety Act also allows all employers to review their health and safety practices and make a new commitment to ensure all their staff are happy and healthy at work.

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