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. Here are seven things you should know about the new WHS laws and how they might affect your business. On 31 March 2022, the majority of Western Australia`s new Work, Health and Safety (WHS) laws came into force under the Occupational Health and Safety (WA) Act 2020 (the Act) and its accompanying regulations. These include general industry as well as the mining and petroleum industries. 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. As expected, the new EWS legislation is very different from the repealed health and safety legislation.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 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 describes different approaches to: WorkSafe WA has also published documents, including an overview of the new law, to help organizations adapt to the new laws. 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 new laws are broadly applicable and apply to SEBPs and not just traditional “employers”. 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. The principal decision-makers of a PCU, referred to as “officers” within the meaning of section 9 of the Commonwealth Corporations Act 2001, must exercise due diligence to ensure that the UCP meets its health and safety obligations. Under the new laws, a public servant can be charged with failing to perform his or her duty, whether or not the UCPB has been convicted of a crime. The new laws need to be applied much more widely than the previous system and introduce various new SHM obligations, including: The new laws also introduce so-called enforceable obligations.
Here`s an example of how an enforceable undertaking might work: • Low-risk violations where similar requirements existed under existing health and safety laws Sign up for WorkSafe messages or follow WorkSafeWA on LinkedIn, Facebook and Twitter to stay up-to-date on WA`s new WHS laws. As already mentioned, the new WHS Act introduces an obligation for WHS service providers and homicide. Neither is included in the harmonized WHS legislation. 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. 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. The new laws prohibit entering into and obtaining insurance and other compensation agreements covering EHS fines/penalties. 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. The new WHS Act will criminalize it for a person or a PCHU to purchase insurance coverage for all fines imposed under the Act.
This amendment is consistent with the recommendations of Marie Boland`s independent review of the AHS Model Statutes and is intended to act as a deterrent by ensuring that SEBs and public servants cannot escape payment of penalties imposed after a successful prosecution. 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.