Workplace health and safety laws will undergo some changes in Western Australia, however there is no need to be alarmed about this.

The Workplace Health and Safety (WHS) Bill 2019 passed by the legislative council on 21 October. It's expected that the Bill will become law soon after consideration of amendments by the legislative assembly in November.

However, the WHS Act will not become law until regulations are complete and work to develop the regulations will continue into 2021.

The big question for all WA councils is 'How does this impact my organisation?'

The new Work Health and Safety Act (WHS Act) will replace the current Occupational Safety and Health Act (WA) 1984, elements of the Mines Safety and Inspection Act (WA) 1994 and the Petroleum and Geothermal Energy Safety Levies Act (WA) 2011 that relate to work health and safety.

The new laws aim to offer greater protection to Western Australian workers, capturing modern employment relationships, such as subcontractors or casual workers, not just the classic employer/employee relationship.

In particular, they will introduce the term 'person conducting a business or undertaking'.

The WHS Act will include a number of new aspects such as criminalising industrial manslaughter, increased penalties, prohibiting insurance coverage for WHS penalties and the introduction of enforceable undertakings as an alternative penalty.

These new laws bring WA in line with other States in Australia, with some amendments unique to Western Australia.

When will it be implemented?

 

The WHS Act will not be operational until regulations are complete.

Work to develop the regulations is underway and will continue in 2021. 

This mean local government will have time to become familiar with what is expected of them as part of the new Act.   

Transitional arrangements will be in place to allow duty holders, including local governments, sufficient time to adjust their safe systems of work to the new requirements.

Local governments may find that some of their policies, procedures and systems will need to be adjusted to reflect changes. LGIS' team of workplace safety experts are available to provide support and assistance.

Support for WA local government

 
To support the WA local government sector LGIS have partnered with WALGA and law firm Clyde & Co to provide tailored advice on what the changes mean for the sector.

 

In the coming weeks and months, we'll be sharing a series of materials, guidelines and webinars for our members.

The first of our webinars will be held on Thursday, 19 November 2020. 

Local government officers can register for the webinar via the WALGA website (here).

About the WHS and local government webinar

 

Clyde & Co Partner, Jonathan Wyatt 
Jonathan will provide an overview of the key changes and legal implications. He'll also cover legal privilege and explore a number of relevant case studies.

LGIS Member Services Manager, Andrew Greig
Andrew will outline the insurance implications of the new workplace safety legislation.

LGIS Occupational Safety & Health Program Manager, Emma Horsefield
Emma will provide a combination of strategic and operational advice and guidance. This will include practical tips on how executives, managers, and supervisors can ensure that they are prepared for any changes, and be confident they are providing a safe work environment.