Work Health and Safety Act 2020

Work Health and Safety Act 2020 - Framework

Part 1: Preliminary

Part 2: Health and Safety Duties

Part 3: Incident Notification

Part 4: Authorisations

Part 5: Consultation, Representation, and Participation

Part 6: Discriminatory, Coercive, and Misleading Conduct

Part 7: Workplace Entry by WHS Inspectors

Part 8: The Regulator

Part 9: Enforcement Measures

Part 10: Review of Decisions

Part 11: Legal Proceedings

Part 12: General Provisions

Part 13: Application to Dangerous Goods

Part 14: Application to Mines

Part 15: Application to Petroleum & Geothermal

Part 16: Repeals and Transitional Provisions

Work Health and Safety Act 2020 (WA)

Part 1 - Preliminary

Purpose & Scope

Protect workers and others from risks associated with work activities.
Ensure a consistent framework for workplace health and safety.
Encourage consultation and cooperation between employers and workers.
Promote continuous improvement in safety standards.
Align Western Australia’s laws with the national model WHS laws.

Definitions

Person Conducting a Business or Undertaking (PCBU): Includes employers, sole traders, partnerships, companies, and government agencies. Responsible for ensuring workplace safety.

Officer: A person with decision-making power over a business or undertaking, such as directors and senior managers.

Worker: Any individual performing work, including employees, contractors, apprentices, and volunteers.

Workplace: Any location where work is carried out, including offices, factories, construction sites, and vehicles.

Industries Covered

General Industry: Includes offices, retail, hospitality, healthcare, and manufacturing.

Mining Industry: Covers exploration, extraction, processing, and transport of minerals.

Petroleum & Geothermal Energy Operations: Includes offshore and onshore petroleum drilling, pipeline operations, and geothermal energy projects.

Who Must Comply?

Employers & PCBUs: Must provide a safe work environment and eliminate/minimize risks.

Workers: Must follow safety procedures and report hazards.

Regulators & Inspectors: Ensure compliance and enforce penalties for breaches.

Part 2 - Health & Safety Duties

Key Takeaways

Primary Duty of Care

Officer Responsibilities

Worker Duties

Risk Management

Primary Duty of Care

The Person Conducting a Business or Undertaking (PCBU) has the primary responsibility to ensure workplace safety. This duty includes:

Providing a safe work environment – Ensuring workplaces are free from hazards.
Maintaining safe systems of work – Implementing procedures to minimize risks.
Ensuring safe use of plant, substances, and structures – Proper handling and maintenance.
Providing adequate facilities – Ensuring workers have access to clean and safe amenities.
Offering training, instruction, and supervision – Educating workers on safety protocols.
Monitoring workplace conditions – Regular assessments to identify risks.

Officer Responsibilities

An officer (such as a director or senior manager) has a non-delegable duty to exercise due diligence in ensuring compliance with WHS laws. This includes:

Understanding WHS obligations – Keeping up to date with safety laws and regulations.
Identifying workplace hazards – Assessing risks and implementing control measures.
Ensuring proper WHS systems are in place – Establishing policies for risk management.
Providing resources for WHS compliance – Allocating funds and personnel for safety initiatives.
Monitoring WHS performance – Reviewing safety reports and incident records.
Ensuring worker consultation – Engaging employees in safety discussions.

Worker Duties

Workers have a personal responsibility to ensure their own safety and that of others. Their duties include:

Following workplace safety procedures – Adhering to established WHS protocols.
Using equipment correctly – Operating machinery and tools safely.
Reporting hazards and incidents – Informing supervisors of potential risks.
Cooperating with WHS policies – Participating in training and safety programs.
Avoiding reckless behavior – Preventing actions that could endanger themselves or others.

Risk Management

The Act defines "reasonably practicable" as the steps a PCBU must take to eliminate or minimize risks. This involves:

Identifying hazards – Recognizing potential dangers in the workplace.
Assessing risks – Evaluating the likelihood and severity of harm.
Implementing control measures – Using the Hierarchy of Controls:

Elimination – Removing the hazard entirely.
Substitution – Replacing hazardous materials or processes.
Engineering Controls – Using physical barriers or safety mechanisms.
Administrative Controls – Establishing policies and training.
Personal Protective Equipment (PPE) – Providing safety gear.

Reviewing effectiveness – Regularly assessing control measures.

Part 3 - Consultation & Representation

Key Takeaways

Duty to Consult

When Consultation is Required

Worker Representation & Participation

Health & Safety Committees (HSCs)

Duty to Consult

The Person Conducting a Business or Undertaking (PCBU) has a legal obligation to consult with workers on health and safety matters. This duty includes:

Sharing relevant WHS information – Providing workers with details about workplace risks and safety measures.
Allowing workers to express concerns – Giving employees a reasonable opportunity to raise WHS issues.
Considering worker feedback – Taking worker views into account when making safety decisions.
Engaging Health and Safety Representatives (HSRs) – If elected, HSRs must be included in consultations.
Following agreed consultation procedures – If a workplace has a formal consultation process, PCBUs must adhere to it.

When Consultation is Required

PCBUs must consult with workers **whenever health and safety decisions** are being made. This includes:

Identifying hazards and assessing risks – Workers must be involved in recognizing workplace dangers.
Proposing changes that affect safety – Any modifications to work processes, equipment, or facilities require consultation.
Developing WHS policies and procedures – Workers should contribute to the creation of safety protocols.
Resolving WHS issues – Employees must be included in discussions about workplace safety concerns.
Providing WHS training and information – Workers should be informed about safety measures and procedures.

Worker Representation & Participation

Workers have the right to participate in workplace safety discussions through various mechanisms:

Electing Health and Safety Representatives (HSRs) – Workers can choose HSRs to represent their safety interests.
Requesting a Health and Safety Committee (HSC) – If requested, PCBUs must establish an HSC to facilitate safety discussions.
Ceasing unsafe work – Workers can stop work if they believe it poses an immediate risk to health and safety.
Using agreed issue resolution procedures – WHS concerns must be addressed through established workplace processes.

Health & Safety Committees (HSCs)

An **HSC** is a formal group that helps manage workplace safety. Its responsibilities include:

Reviewing WHS policies and procedures – Ensuring workplace safety measures are effective.
Discussing safety concerns – Providing a structured forum for workers to raise WHS issues.
Monitoring workplace conditions – Assessing risks and recommending improvements.
Facilitating worker participation – Encouraging employees to engage in safety discussions.

Part 4 - Incident Notification & Response

Key Takeaways

Duty to Notify Incidents

Types of Notifiable Incidents

Incident Investigation & Response

Employer & Worker Responsibilities

Duty to Notify Incidents

The Person Conducting a Business or Undertaking (PCBU) is legally required to notify the relevant safety regulator (WorkSafe WA) about workplace incidents. This duty includes:

Immediate notification – Reporting serious incidents **as soon as possible**.
Submission of detailed incident reports – PCBUs must provide key details regarding the event.
Preservation of incident sites – Employers must ensure the area remains untouched until WorkSafe WA provides further instructions.
Cooperation with investigators – PCBUs are required to assist authorities in determining causes and preventive measures.

Types of Notifiable Incidents

Under the WHS Act, PCBUs must report incidents that involve:

Serious injuries or illnesses, including:
- Fatalities.
- Amputations.
- Serious head, spinal, or internal injuries.
- Serious burns.
- Exposure to hazardous chemicals causing harm.
- Loss of consciousness due to workplace conditions.
Dangerous incidents, which **might** result in serious harm, including:
- Explosions.
- Collapses of structures.
- Fires and electrical shocks.
- Uncontrolled releases of substances or pressure systems.

Incident Investigation & Response

Once an incident is reported, WorkSafe WA or other regulators may:

Conduct an official investigation – Determining if safety laws were breached.
Issue improvement notices – Mandating corrective actions.
Impose penalties – If violations are found, fines or legal consequences may follow.
Engage with stakeholders – Ensuring **workers**, **HSRs**, and **management** understand safety failures and solutions.
Develop lessons for industry-wide compliance – Recommendations may be shared across multiple workplaces to prevent similar incidents.

Employer & Worker Responsibilities

Both PCBUs and workers play critical roles in the incident response process:

PCBUs must:
- Notify WorkSafe WA **immediately**.
- Maintain records of incidents.
- Preserve the site of serious incidents.
- Provide appropriate support to affected workers.
- Implement preventive measures to avoid recurrence.
Workers must:
- Report incidents and near misses **without delay**.
- Cooperate with investigations.
- Follow safety protocols to reduce risks.
- Participate in training related to emergency responses.

Part 5 - Enforcement & Penalties

Key Takeaways

Regulatory Enforcement Mechanisms

Types of WHS Offences & Penalties

Industrial Manslaughter

Enforcement Measures

Regulatory Enforcement Mechanisms

WorkSafe WA is responsible for enforcing WHS laws through:

Monitoring workplace compliance – Conducting inspections.
Issuing improvement and prohibition notices – Mandating corrective actions.
Conducting investigations – Examining serious incidents and legal breaches.
Providing education and guidance – Helping workplaces meet WHS obligations.

Types of WHS Offences & Penalties

The WHS Act classifies offences based on severity:

Category 1 – Reckless Conduct (Most Serious)
- Definition: Intentional actions exposing others to serious injury or death.
- Penalties:
  - Individual: Up to **$3,500,000 fine or 5 years imprisonment**.
  - Company (PCBU): Up to **$10,000,000 fine**.
  - Officer: Up to **$6,000,000 fine or imprisonment**.
Category 2 – Failure to Comply with WHS Duty
- Definition: Negligence that exposes people to harm.
- Penalties:
  - Individual: Up to **$1,500,000 fine**.
  - Company (PCBU): Up to **$5,000,000 fine**.
  - Officer: Up to **$3,000,000 fine**.
Category 3 – General Duty Breach
- Definition: WHS failures without direct harm risk.
- Penalties:
  - Individual: Up to **$500,000 fine**.
  - Company (PCBU): Up to **$2,000,000 fine**.
  - Officer: Up to **$1,000,000 fine**.

Industrial Manslaughter

Definition: A PCBU or officer causes a worker’s death due to **gross negligence**.

Penalties:
- Individuals: **Mandatory imprisonment up to life** and fines up to **$5,000,000**.
- Companies: Up to **$10,000,000 fine**.

Enforcement Measures

WorkSafe WA ensures compliance through:

Improvement Notices – Directing workplaces to correct WHS breaches.
Prohibition Notices – Stopping unsafe operations **until compliance is achieved**.
Legal Actions – Prosecuting severe WHS violations.
Public Compliance Listings – Offending companies may be publicly identified.

Part 6 - Regulations & Codes of Practice

Key Takeaways

Purpose of Regulations & Codes

WHS Regulations in Western Australia

Codes of Practice

Employer & Worker Responsibilities

Purpose of Regulations & Codes

Regulations and codes of practice define **mandatory safety rules and best-practice guidance** to help workplaces comply with WHS laws. They ensure:

Clear **legal expectations** for employers and workers.
Industry-specific safety measures tailored to different work environments.
Guidance on **risk control methods** aligned with WHS obligations.
Consistency across workplaces for **uniform safety standards**.

Regulations are **legally enforceable**, while **codes of practice offer practical guidance** for compliance.

WHS Regulations in Western Australia

The WHS Regulations 2022 (WA) define **mandatory safety measures**, including:

**Risk management processes** – Employers must eliminate or minimize workplace hazards.
**Incident reporting requirements** – PCBUs must notify WorkSafe WA about serious workplace injuries.
**Hazardous substances control** – Safe handling and storage of chemicals.
**Plant and equipment safety** – Ensuring machinery is properly maintained.
**Worker health monitoring** – Employers must assess risks to worker health, such as exposure to harmful substances.

Certain industries have **specialized regulations**, such as:

Mining Safety Regulations – Covers underground operations, ventilation, and emergency protocols.
Petroleum and Energy Regulations – Defines safety measures for drilling, gas facilities, and pipeline operations.
Construction WHS Regulations – Focuses on fall prevention, scaffolding, and site safety.

Codes of Practice

Codes of practice provide **best-practice guidance** but are not legally binding unless **referenced in WHS Regulations**. Key codes include:

**Managing Risks in the Workplace** – Defines practical approaches to hazard control.
**Safe Use of Hazardous Substances** – Covers handling, labeling, and disposal guidelines.
**Workplace Violence & Harassment Prevention** – Protects employees from workplace bullying and aggression.
**Fatigue Management** – Helps employers reduce worker exhaustion-related risks.

Employers **should follow codes of practice** to demonstrate compliance with WHS obligations.

Employer & Worker Responsibilities

Both employers and workers **must ensure WHS compliance**:

Employers (PCBUs) Must:
- Implement **regulated WHS standards**.
- Apply **relevant codes of practice** to their workplace.
- Maintain **records of compliance activities**.
- Monitor **worker health** and provide safety training.
Workers Must:
- Follow WHS procedures outlined in **regulations and codes**.
- Participate in **safety training** and risk assessments.
- Report workplace **hazards** immediately.

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Part 1: Preliminary

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WHS Act & Regulations Explorer

📘 WHS Act 2020 & Regulations 2022 Explorer

WHS Act 2020 (WA)

Part 1 – Preliminary

Sections 1–12A: Definitions, scope, application, and key terms (e.g. PCBU, officer, worker)

Part 2 – Health and Safety Duties

Sections 13–34: Duties for PCBUs, officers, workers, designers, suppliers, and manufacturers

Part 3 – Incident Notification

Sections 35–39: Defines notifiable incidents and duties to report and preserve sites

WHS Regulations 2022 (WA)

Chapter 1 – Preliminary

Regulations 1–10: Definitions, application, and structure of the regulations

Chapter 2 – Representation and Participation

Regulations 11–40: HSRs, work groups, issue resolution, and training entitlements

Chapter 3 – General Risk and Workplace Management

Regulations 41–60: Risk management duties, emergency plans, first aid, and PPE

Law, Act and Regulation

Work Health and Safety Act 2020 - Framework

Part 1 - Preliminary

Purpose & Scope

Definitions

Industries Covered

Who Must Comply?

Part 2 - Health & Safety Duties

Key Takeaways

Primary Duty of Care

Officer Responsibilities

Worker Duties

Risk Management

Part 3 - Consultation & Representation

Key Takeaways

Duty to Consult

When Consultation is Required

Worker Representation & Participation

Health & Safety Committees (HSCs)

Part 4 - Incident Notification & Response

Key Takeaways

Duty to Notify Incidents

Types of Notifiable Incidents

Incident Investigation & Response

Employer & Worker Responsibilities

Part 5 - Enforcement & Penalties

Key Takeaways

Regulatory Enforcement Mechanisms

Types of WHS Offences & Penalties

Industrial Manslaughter

Enforcement Measures

Part 6 - Regulations & Codes of Practice

Key Takeaways

Purpose of Regulations & Codes

WHS Regulations in Western Australia

Codes of Practice

Employer & Worker Responsibilities

Target Section

📘 WHS Act 2020 & Regulations 2022 Explorer

WHS Act 2020 (WA)

WHS Regulations 2022 (WA)