The new Work Health and Safety Act 2020 and regulations came into effect in Western Australia on March 31, 2022, increasing protections for all workers in the state.
The commencement of the Work Health and Safety Act marks the biggest change to WA’s occupational safety and health system since the 1980s.
The new laws recognise modern work relationships such as subcontractors and gig economy workers, as well as introduce the term ‘person conducting a business undertaking’ (PCBU).
Therefore, anyone who engages a WA worker has a duty to protect their health and safety – both mentally and physically.
As a result of significant public confirmation and the recommendations of two national reviews, the legislation includes criminalising industrial manslaughter in WA.
The maximum penalty for a ‘crime’ offence for an individual is 20 years imprisonment and a $5 million fine, and the maximum penalty for a body corporate is a $10 million fine.
Four other Australian States and Territories have passed industrial manslaughter legislation, with these being the ACT, QLD, NT and VIC.
As a national first, the new laws bring together WHS for general industry, mines and petroleum operations under a single WHS Act.
WA’s new laws harmonise with other Australian States and Territories, except Victoria, although amendments have been made to tailor the laws to better reflect WA. This means companies that operate across Australia will have similar obligations and requirements in each State and Territory.
If you have been injured at work or become sick as a result of your work or have any questions about the new Work Health and Safety Act, Anvil Legal Workers Compensation Lawyers are here to help. Simply fill out the form here for your no-obligation enquiry. We look forward to hearing from you.
