WAs postponed new Work Health and Safety Act 2020 will now replace all previous acts on 31/3/2022 as will the three Regulatory instruments that underpin the Act; General, Mines and Petroleum. Initially slated for effect from 1/1/2022 the complexities have been addressed and the Act has now been proclaimed.
The new WHS Act brings WA more closely into line with the national model WHS Act including the primary duty of care for all PCBU to provide for the safety of workers and others.
The new Act also aligns the due diligence requirements for safety and business officers including consultation, issue resolution and financial allocation.
Unlike the model WHS Act the WA WHS Act includes the industrial manslaughter provisions and precludes businesses obtaining insurance against safety related fines.
WorkSafe WA have confirmed it will “adopt a supportive and educative approach” to low risk breaches that have to do with the NEW duties, but that this is not carte blanche nor a moratorium on responsibilities.
More information
- The Act – https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_43434.pdf/$FILE/Work%20Health%20and%20Safety%20Act%202020%20-%20%5B00-00-02%5D.pdf
- General Regulation – https://www.legislation.wa.gov.au/legislation/prod/gazettestore.nsf/FileURL/gg2022_034.pdf/$FILE/Gg2022_034.pdf
- Mines Regulation – https://www.legislation.wa.gov.au/legislation/prod/gazettestore.nsf/FileURL/gg2022_035.pdf/$FILE/Gg2022_035.pdf
- Petroleum and Geothermal Operations Regulation – https://www.legislation.wa.gov.au/legislation/prod/gazettestore.nsf/FileURL/gg2022_033.pdf/$FILE/Gg2022_033.pdf.
Here to help
Safety Highlights are things to consider, implement and watch out for in your business. They are provided as general information for you to consider and do not constitute advice. You should seek further advice on your situation by contacting your legal advisor. ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au, it is free for members. ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/ for more information.
Elisha Radwanowski BCom (HRM&IR)
ACAPMA
Published with permission from ACAPMA.
Source: https://acapmag.com.au/2022/03/safety-highlight-new-wa-safety-laws/
