Transitional period extended on height safety regulations

An extension has been granted on the transitional period for compliance with regulations governing falls from height on construction sites in WA.

The transitional period will now last until 30 September 2026 and will be followed by a six-month statement of regulatory intent to assist transition to the new laws, following a decision made by Industrial Relations Minister Simone McGurk.

WorkSafe Commissioner Sally North said the prevention of falls in the construction sector remained a high priority.

“The extension of time to comply with the changed regulations is intended to provide the construction industry with additional lead time to plan and implement improved controls, noting that this industry has recently experienced high workloads,” North said.

The Work Health and Safety Act 2020 took effect in WA in March 2022, with the WorkSafe Commissioner releasing a statement of regulatory intent citing that a supportive and educative approach would be taken to compliance with new requirements over the first 12 months of the laws. This was later extended to 24 months.

Transitional arrangements were put into place for some specific situations, with some of these arrangements remaining in place for a longer period of time, as is the case with falls from height in construction legislation.

“It was always recognised that some workplaces would need time to adapt to the new regime, even though systems for identifying, assessing and controlling hazards should already have been in place,” North said.

“Hence our approach has been to assist business to comply with the laws, and this is the intent of this extension of transitional period.

“An array of guidance material is available to help workplaces to understand and adapt to the updated laws, including codes of practice, safety guides and information sheets that provide practical guidance on complying with the laws.

“The Code of practice for managing the risk of falls in housing construction has also been updated with additional information to assist WA stakeholders and is currently out for public comment on WorkSafe’s website, closing 18 October 2024.

”WorkSafe will progress a regulatory amendment to give effect to the minister’s decision.”

Employers are reminded that, during the transitional period, the equivalent regulations under the Occupational Safety and Health Act 1984 apply.

Image credit: iStock.com/batuhan toker. Stock image used is for illustrative purposes only.