The WA government has recently announced its safety reform agenda and a timeline for the introduction of the long awaited WA Work Health and Safety Bill (WHS Bill).
The package outlined includes:
- The introduction of industrial manslaughter offences with maximum penalties of $10m and 20 years' imprisonment;
- The introduction of the WA Work Health and Safety Bill (WHS Bill) into parliament;
- The release of WHS regulations for consultation;
- A $12.9m investment in the recruitment of 21 new safety inspectors across WA; and
- A 'Better Worker Safety' campaign.
These reforms follow on from significant penalty increases introduced in October 2018 and are reflective of the increased political and public attention on worker safety in Australia.
WA Work Health and Safety Bill
The WHS Bill is set to be introduced into parliament before the end of the year. The WHS Bill will broadly harmonise WA law with the model safety laws adopted in most Australian jurisdictions.
The Bill will also likely introduce industrial manslaughter offences. The most serious offence will carry a maximum penalty of $10m for corporations and 20 years' imprisonment individuals.
The lesser offence carries a maximum penalty of 10 years' imprisonment for negligent behaviour.While the introduction of industrial manslaughter legislation may be seen as surprising given it was not included in the WHS Bill circulated for public consultation, the national push towards the inclusion of industrial manslaughter provisions in safety law, (supported by unions and the Federal Labor Party) means the introduction of this legislation is not unexpected.
Safety Regulations Consultation
The draft Work Health and Safety Regulations will be released for consultation in the next few weeks. These regulations will apply to general industry as well as the mining and petroleum industries. The WHS Regulations are likely to provide prescription around compliance with WHS duties. It is often the detail provided by the regulations which can impose the greatest compliance burden on employers. We therefore recommend that employers, particularly those with large workforces, who operate in high risk industries or who perform safety critical work, review the draft regulations and take this limited opportunity to comment on and influence the final content of this document.
Implications of the new WHS Bill
Employers should take the introduction of the WHS Bill as an opportunity to review their safety systems and compliance processes and ensure they are prepared for the proposed changes arising from the WHS Bill. This is particularly the case for individuals, such as officers, who will be subject to individual obligations of due diligence.
Those employers who have a high risk workforce should consider participating in the consultation process for the WHS Regulations.
If you have any questions regarding the WHS Bill, the Regulations or how to comply with the changes resulting from these reforms, please contact Craig Boyle.
