Green light for single WHS act
On 12 July 2017, the McGowan Government announced it would develop a single, modernised workplace health and safety Bill for Western Australia. It is intended that the new act will improve consistency with the rest of Australia and provide the primary legislation for workplace safety and health across all Western Australian industries.
Once passed, the new act will replace the Occupational Safety and Health Act 1984 (WA), Mines Safety and Inspection Act 1994 (WA) and Petroleum and Geothermal Energy Safety Levies Act 2011 (WA).
In addition to the new act, industry specific regulations will also be developed to suit the State's unique conditions. These regulations will enable specific sectors, such as the resources, and petroleum and major hazard facility industries to continue using a risk-based and safety case approach, respectively.
The Government has indicated that it will undertake an extensive consultation process with stakeholders and the community over the coming months ahead of introducing the Bill to State Parliament in mid-2019.
As part of this consultation process, the WA Minister for Mines and Petroleum; Commerce and Industrial Relations has established a Ministerial Advisory Panel (MAP) on Work Health and Safety Reform. The MAP includes members from various industry bodies, such as the Chamber of Minerals and Energy WA, as well as from unions, relevant safety regulators and local government. The MAP is chaired by Stephanie Mayman, who was heavily involved in the drafting of the original model WHS laws.
Increased penalties in current legislation
On 11 October 2017, the McGowan Government introduced the Occupational Safety and Health Amendment Bill 2017 (Bill). If passed, the Bill will increase the penalties for contravening the Occupational Safety and Health Act 1984 (WA) (OSH Act). The Bill does not propose to change the tests for each existing penalty level, only the quantum of the penalty.
The maximum level 4 monetary penalties under the OSH Act for individuals will increase by around 118% (i.e. from $312,500 to $680,000). For corporations the maximum level 4 monetary penalties will increase by 460% (i.e. from $625,000 to $3,500,000). The current maximum prison sentence for individuals will increase from two years to five years. These increases will be the first in WA since 2004.
Since 2011, when the model workplace health and safety legislation was implemented in most States and Territories, the penalties in WA have been fallen significantly behind by comparison. To bring WA back in line with the rest of the country, the new penalties have been based on the penalties in the harmonised legislation with an additional increase for inflation.
