The Work Health and Safety Act 2020 and regulations will commence in Western Australia on March 31, 2022.

It marks a historic day for Western Australia and the McGowan Government after 38 years, WA’s work health and safety laws will be modernised.

WA’s new laws harmonise with other States and Territories, except Victoria, although amendments have been made to tailor the laws to reflect the unique State. The new laws in WA bring together WHS for general industry, mines and petroleum operations under a single act.

The new laws recognise modern work relationships such as subcontractors and gig economy workers, and introduces the term ‘person conducting a business undertaking’. Now companies that operate across Australia will have similar obligations and requirements in each State and Territory.

Industrial Relations Minister Bill Johnston stated that the new laws reflect the social obligations and responsibilities the community expects from companies and their senior management. Mr Johnston went on to say “The reforms that come with the new laws will most certainly further enhance workplace safety in Western Australia.”

The Chamber of Minerals and Energy of WA CEO Paul Everingham recently commented saying “WA’s mining and resources sector puts health and safety at the forefront of all that it does, and we welcome these modernised laws that align our State with the majority of the country”.

The new laws are a welcome change for workplace safety advocate Regan Ballantine who five years ago, his 17-year-old son Wesley Ballantine was killed at work in negligent circumstances. Mr Ballatine says “These laws will help ensure that others never stand in my shoes, never suffer what I have suffered and never feel the fear that my son did when he fell to his death. It is now up to industry to live up to them.”

Industrial manslaughter laws will also begin, carrying a maximum penalty of 20 years imprisonment and a $5 million fine for an individual, and a maximum $10 million fine for a body corporate.

Insurance will no longer cover penalties, ensuring that persons conducting a business undertaking are held accountable for their actions and are responsible for financial penalties.

For more information visit the Dept Mines, Industry Regulation and Safety