After nearly five years of anticipating the modernization of occupational health and safety (WHS) legislation for Western Australia, the Occupational Health and Safety (WA) Act 2020 (WHS Act) now comes into force. The new laws are broadly applicable and apply to SEBPs and not just traditional «employers». Previous occupational safety and health laws, or «occupational safety and health,» as many of us are familiar with them, have been around for decades. The «Occupational Safety and Health Act» was first introduced in 1984 and supported by other laws on specific health and safety measures relating to mining and petroleum. The new laws prohibit entering into and obtaining insurance and other compensation agreements covering EHS fines/penalties. The approach to implementing WorkSafe WA for the first 12 months of the new EHS laws is outlined in the regulator`s regulatory statement. This statement presents different approaches to: As expected, the new WHS laws are very different from the repealed occupational safety and health legislation. As already mentioned, the new WHS Act introduces an obligation for WHS service providers and homicide. Neither is included in the harmonized WHS legislation. One key difference is that WHS laws are broader to cover modern work arrangements, including hiring, contract work, and gig work.

The new law focuses on the relationship between «persons who run a business» (not employers) and «employees» (not employees). The new laws also introduce so-called enforceable obligations. Here`s an example of how an enforceable undertaking could work: On March 31, 2022, the majority of new Labour, Health and Safety (WHS) legislation in Western Australia came into force under the Occupational Health and Safety (WA) Act, 2020 (the Act) and associated regulations. These include general industry as well as the mining and petroleum industries. • Low-risk violations where similar requirements existed under existing health and safety laws Here are seven things you should know about the new WHS laws and how they might affect your business. Under the new laws, there are also reporting requirements for so-called «reportable incidents,» which include serious illness, injury or death, as well as dangerous incidents that may occur in the course of a business. In addition, unlike the Model Acts, the category 1 offence in Western Australia does not contain any element of misconduct. In order to successfully prosecute a Class 1 offence under the Western Australia Act, a prosecutor must prove that failure to comply with a health and safety obligation caused death or serious bodily injury to a person. Home » Business Pulse » Date set for Western Australia`s new WHS laws The WHS Act is based on the model national laws of the SHM, with some specific variations to account for the Western Australian context. As a result, AHS tasks, obligations and processes are now broadly harmonized across the country (with the exception of Victoria), ensuring consistency and reducing regulatory burden for businesses operating in different jurisdictions.

The new laws are largely based on the national WHS Act model and regulations used in other states and territories, with the exception of Victoria. This means that Australian companies will have similar health and safety obligations and requirements. To learn more about the new laws and what it means for your business, we`ve launched a new workshop. This workshop covers a range of topics, including implementing security practices in your organization, conducting an internal safety review, and learning about safety management systems and certification requirements. In a statement dated March 11, 2022, the Honourable Bill Johnston, MP (Minister of Industrial Relations), noted that the WHS Act will modernize Western Australia`s WHS laws and reflect the standard of conduct that the community now expects from business and management with respect to the duties of the WHS. The new laws are much broader in their application than the previous regime and introduce various new MHH obligations, including: Manslaughter laws will also come into force, resulting in a maximum penalty of 20 years in prison and a fine of $5 million for an individual and a fine of up to $10 million for a corporation. In the past, a minor could be exempted from the obligation to comply if he or she had substantially complied or if compliance was unnecessary or impracticable. The new laws extend the exemption regime, but not necessarily beneficial. Apart from a few specific questions, derogations can now be granted for any regulation. The regulatory authority must take into account a number of specific factors which are broadly equivalent to a reasoned assessment of whether the exemption would affect the health and safety of workers or increase risks.

There is now also a two-year transition period for operators of earth-moving machinery used as cranes who now require a work permit for high-risk work under the new WHS laws. Sign up for WorkSafe news or follow WorkSafeWA on LinkedIn, Facebook, and Twitter to stay up-to-date on WA`s new WHS laws. The new WHS laws impose primary due diligence on persons who operate a business or business to adequately ensure the health and safety of workers. Under the new legislation, SEB officers have a personal, non-delegable duty to exercise due diligence to ensure that the SEB meets its statutory OHS obligations. This information is intended to help VA organisations and their associates (including volunteers) understand the new OSH legislation. More information will be added as it becomes available. The obligation obliges a PCU to eliminate health and safety risks to the extent reasonably possible and, where this is not reasonably possible, to reduce those risks as far as possible. While the new WHS Act establishes a single law covering virtually all AV operations, the new regulations will continue to impose different requirements for the general industry, mining and the petroleum sector.

The Government of Western Australia has announced that the new WHS Act and accompanying regulations will come into force on 31 March 2022. The statute of limitations for WHS procedures has also changed. Existing codes of conduct will continue to apply under the new system until they are updated, repealed or replaced. There is no comparable obligation under the MSI Act. At most, employers were required to consult with employees on individual matters, but there was no general obligation. The EHS Act removes insurance coverage for WHS penalties and imposes penalties for providing or purchasing such insurance. An employee of a SEPC commits industrial manslaughter when a SEB behaves in breach of his duties, resulting in the death of a person and the conduct of the SEPC is due to the negligence of the public servant; or with the consent or implied consent of the public servant. WorkSafe WA`s enforcement policy aligns with Safe Work Australia`s National Compliance and Enforcement Policy. Learn more about the harmonized approach to enforcement at CCH Pinpoint® – National Compliance and Enforcement Policy. The obligation was expressed earlier than between the employer and the employee or as a self-employed person to himself. Many businesses will need some time to adapt to the changes. To assist entrepreneurs during the transition, the EHS Act provides transitional provisions that apply when obligations are new or have changed significantly from what they used to be.

Below is a link to WorkSafe`s compliance and enforcement policies and enforcement policies. A SEB commits industrial manslaughter when, in breach of its duties, it engages in conduct that causes the death of a person, knowing that such conduct may cause death or serious harm to a person, and ignoring that probability. A CERB must, to the extent possible, ensure the health and safety of workers employed or hired by the person; and employees whose activities are influenced or directly influenced by the person in the performance of the work, while employees. The coming into force of the Occupational Health and Safety Act 2020 marks the biggest change to Western Australia`s occupational health and safety system since the 1980s. The Western Australian WHS regulations also introduce unique regulations regarding workplace smoking and demolition work. WorkSafe also released its regulatory letter of intent, detailing how the company will approach its compliance activities in the first 12 months. Under the WHS Act, all PSUs have the primary duty of care to ensure the health and safety of their employees and others who may be affected by the performance of the work. The familiar SHM principles of the hierarchy of control are now mandatory. As can be seen from this list, the revision brings together WS legislation for general industry, mining and petroleum operations under one roof. What must organizations do to comply with the WHS Act? What is «reasonably practicable» to ensure health and safety depends on a number of considerations, including (for example) the likelihood of a hazard or risk occurring, the extent of harm that could result from the hazard or risk, and the availability and appropriateness of means to eliminate or minimize the identified risks.