New Work Health and Safety Regulations To Begin March 31

The news we've all been waiting for...

The much-anticipated updated WA safety regulations will commence as of March 31, 2022. These laws modernise our health and safety laws and provide improved protections for all Western Australian workers.

The new laws recognise modern work relationships such as subcontractors and gig economy workers and introduce the term 'person conducting a business undertaking' (PCBU). This means that our laws now account for anyone who engages a worker in WA and their duty to protect health and safety in the workplace.

The new laws confirm that Officers (senior decision makers) have a duty to exercise due diligence to ensure compliance with safety and health regulations, and work to solidify workplace health and safety as a top-tier organisational priority.

Other key changes include the introduction of Industrial manslaughter laws, carrying a maximum penalty of 20 years imprisonment and a $5 million dollar fine for an individual, and a maximum $10 million dollar fine for a corporate body. Insurance will no longer cover penalties, meaning PCBUs will be held accountable for their actions and are responsible for financial penalties, further working to advance the importance of compliance.

For the first time ever, these regulations bring together workplace health and safety for general industry, mines, and petroleum operation under a single WHS Act. Furthermore, they work to harmonies WA with all other Australian States and Territories (except Victoria), while making the necessary amendments to tailor to our unique state.

Companies that operate across Australia will now have similar obligations and requirements across each State and Territory. For more information, you can visit http://www.dmirs.wa.gov.au/WHS.

Industrial Relations Minister Bill Johnston commented stating, "These important laws modernise Western Australia's outdated workplace safety laws, which were over 30 years old, and will protect all workers - physically and mentally.

As Johnston also touched on, these laws reflect the social obligations now expected from companies and their senior management - as well as from all workplace participants - to ensure a commitment to healthy, safe workplaces. An incredible step forward for WA.