WHS has arrived to WA!
THE NEW WHS LAWS ARE NOW IN EFFECT IN WA:
Work Health and Safety Act 2020 (WA)
Work Health and Safety (General) Regulations 2022 (WA)
Work Health and Safety (Mines) Regulations 2022 (WA)
Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 (WA)
WHAT ARE THE CHANGES?
The separate Regulations are more closely aligned, and WA is now more closely aligned with other States
You will see the new umbrella term “PCBU” (Person Conducting a Business or Undertaking” instead of the previously defined Employer, Body Corporate, Contract Work Arrangements etc.
There are specific duties under the new Act for “Officers” which is basically anyone within the PCBU with any form of upper management responsibility
Any person in a workplace with a duty under the new Act may now be charged with Industrial Manslaughter if conduct or omission results in the death of a person
There is an increase in penalties, and imprisonment has been included, for other forms of incidents
“Dangerous Incidents” have been defined and included as notifiable to the Regulator
There is emphasis on the elimination of risks first and foremost before risk reduction
The definition of “Reasonably practicable” has been changed and clarifies the consideration of costs to be made last
“Health” has been defined as being Physical AND Psychological health
WE, as service providers, now have a particular duty of care under the new Act
Workers now have the power to ‘cease’ work under certain ‘unsafe’ circumstances/conditions
There is now specific emphasis and responsibilities for all duty holders to consult, cooperate and coordinate with each other where there is overlapping responsibilities under the Act
Health and Safety Representatives have the power to issue Provisional Improvement Notices
Insurance cover is not available for penalties under the new Act
Some transitional/grace periods apply to the new requirements
I HAVE NO IDEA WHAT THIS ALL MEANS?!
It’s all good, we’re here to help. This is our bread and butter and we’d love to work with you in ensuring your WHS management system is up to date and effective. Please contact us so we can discuss a partnership going forward. We’ll probably suggest a gap analysis of your existing system so we can provide a more accurate proposal more amendments of existing, or development of new, procedures etc.