Ruqayyah Snyder
Western Australia's Work Health and Safety Act 2020, also known as the WHS Act, covers all workplaces within the natural jurisdiction of Western Australia. This includes mines, petroleum, and geothermal energy operations. WorkSafe assists in administering the WHS Act by providing inspectors and staff to ensure compliance with the legislation. Interpretive guidelines are also provided to help organisations and their workforces understand the WHS laws and compliance requirements.
| Characteristics | Values |
|---|---|
| Name of the legislation | Work Health and Safety Act |
| Year | 2020 |
| Jurisdiction | Western Australia |
| Coverage | All workplaces within the natural jurisdiction of Western Australia, including mines, petroleum and geothermal energy operations |
| Compliance | WorkSafe assists the regulator in administration and provides inspectors and staff |
| Compliance guidelines | Interpretive guidelines help organisations and workforces understand key concepts and compliance requirements |
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What You'll Learn
The Work Health and Safety Act 2020
Western Australia's Work Health and Safety Act 2020 (WHS Act) covers all workplaces within the natural jurisdiction of Western Australia, including mines, petroleum, and geothermal energy operations. The Act is supported by codes of practice that offer practical advice on fulfilling work health and safety responsibilities. Businesses in Western Australia must comply with an approved code of practice under the WHS Act, although they can use alternative methods, such as industry standards, as long as they meet or exceed the code's standard of health and safety.
The Work Health and Safety (General) Regulations 2022 supplement the WHS Act. Additionally, there are specific regulations for certain industries, such as mining and mineral exploration, which are covered by the Work Health and Safety (Mines) Regulations. Onshore and offshore petroleum, pipeline, and geothermal energy operations are governed by the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations.
There are some exceptions to the WHS Act. For instance, major hazard facilities and dangerous goods storage and handling are governed by the Dangerous Goods Safety Act 2004. Commonwealth Government employees and some self-insured licensees are covered by Comcare under the Work Health and Safety Act 2011. Comcare is a federal statutory body responsible for workplace safety, rehabilitation, and compensation within the Commonwealth jurisdiction.
WorkSafe assists in administering the WHS Act, providing inspectors and staff to ensure compliance. The WorkSafe Commissioner, who reports directly to the Minister for Industrial Relations, is responsible for executing the functions and powers of the regulator under the WHS Act. The Commissioner can also grant class exemptions from complying with WHS Regulations.
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Compliance requirements
Western Australia's Work Health and Safety Act 2020, or the WHS Act, outlines the compliance requirements for workplaces within the natural jurisdiction of the state. This includes mines, petroleum, and geothermal energy operations. WorkSafe, the regulator, is responsible for administering the WHS Act and ensuring compliance. They provide inspectors and staff to enforce the legislation.
To assist organisations and their workforces in understanding and complying with the WHS laws, interpretive guidelines have been developed. These guidelines clarify how the regulator interprets key concepts of the WHS laws and set out the compliance requirements. The guidelines cover a range of industries, including general industries, mine safety, and petroleum safety.
The WHS Act has some exceptions where other legislation applies. For example, major hazard facilities and dangerous goods storage and handling are regulated separately under the Dangerous Goods Safety Act 2004. Petroleum and geothermal energy operations are included in the WHS Act but are supported by a dedicated set of regulations. Commonwealth Government workers and some self-insured licensees are covered by Comcare under the Work Health and Safety Act 2011. Comcare is a federal statutory authority responsible for workplace safety, rehabilitation, and compensation in the Commonwealth jurisdiction.
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Mines, petroleum, and geothermal energy operations
Western Australia's Occupational Safety and Health (OSH) legislation, specifically the Occupational Safety and Health Act 1984, governs mines, petroleum, and geothermal energy operations to ensure the safety, health, and welfare of all individuals at these worksites.
The Department of Mines, Industry Regulation, and Safety (DMIRS) is responsible for regulating and enforcing OSH in these industries, with a key focus on hazard identification, risk management, and implementing appropriate controls. The DMIRS also provides guidance, advice, and resources to assist operators in complying with their legal obligations.
For mines and petroleum sites, the key legislation includes the Mines Safety and Inspection Act 1994, the Mine Safety and Inspection Regulations 1995, and the Petroleum and Geothermal Energy Resources Act 1967. These acts and regulations outline the responsibilities of operators, employers, and workers in ensuring a safe working environment. They cover various aspects, including mine design and construction, ventilation, hazard management, training, and emergency response.
The Petroleum and Geothermal Energy Resources Act 1967, along with its accompanying regulations, also governs the exploration and production of geothermal energy. This legislation outlines the licensing and regulatory requirements for geothermal energy operations, ensuring that developers adhere to safety standards and environmental considerations.
Additionally, the Dangerous Goods Safety Act 2004 and its regulations are crucial in managing hazardous substances and explosives commonly encountered in these industries. This legislation sets out the duties of operators in relation to storage, transport, and handling of dangerous goods, including explosives, flammable liquids, and toxic substances.
To ensure compliance with OSH legislation, mines, petroleum, and geothermal energy operators are required to implement comprehensive safety management systems. This includes conducting regular inspections, audits, and incident investigations to identify hazards, assess risks, and implement effective control measures. Workers in these industries also have a responsibility to follow safe work practices, report hazards, and actively contribute to maintaining a safe work environment.
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Dangerous goods storage
Western Australia's Work Health and Safety (WHS) Act 2020 covers all workplaces within the natural jurisdiction of Western Australia, including mines, petroleum, and geothermal energy operations. However, the storage and handling of dangerous goods, including flammable liquids, are regulated separately under the Dangerous Goods Safety Act 2004 and associated regulations.
The Dangerous Goods Safety Act 2004 outlines the duty of all persons involved in storing, handling, or transporting dangerous goods to take reasonable measures to minimise risks to people, property, and the environment. This includes ensuring proper segregation, licensing, placarding, and having a dangerous goods site plan. Non-compliance can result in fines starting at $50,000.
In Western Australia, the Department of Mines, Industry Regulation, and Safety (Dangerous Goods branch) regulates dangerous goods. Businesses that handle and store flammable liquids, such as Class 3 Flammable Liquids, have additional obligations under dangerous goods legislation. These obligations include obtaining Material Safety Data Sheets (MSDSs) and using them for risk assessments, training, and health surveillance.
To ensure dangerous goods compliance, businesses should refer to the Australian Standard AS 1940:2017 – The storage and handling of flammable and combustible liquids. This standard provides guidance on handling and storage practices to minimise the risk of ignition, explosion, and hazardous vapour emissions associated with flammable liquids.
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Workplace safety rehabilitation
Western Australia's Work Health and Safety Act 2020 (WHS Act) covers workplace safety within the natural jurisdiction of Western Australia. This includes mines, petroleum, and geothermal energy operations. The WHS Act is administered by WorkSafe, which provides inspectors and staff to ensure compliance with the legislation.
In the context of workplace safety rehabilitation in Western Australia, Workplace Rehabilitation Providers (WRPs) play a crucial role. WRPs are health professionals such as occupational therapists, physiotherapists, or psychologists with expertise in addressing physical, psychological, or workplace barriers that may hinder an injured worker's return to work. These professionals are approved by WorkCover WA and are equipped with the necessary qualifications, experience, and expertise to provide relevant services based on the assessed needs of the worker and the workplace.
When a worker is referred to workplace rehabilitation, the responsible Insurer or Self-Insurer must record the referral in WorkCover WA Online. The WRP is then responsible for entering the outcome information into the same platform. This process ensures that the worker's progress and rehabilitation details are properly documented and accessible.
It is important to note that there are exceptions to the WHS Act where other legislation applies. For example, major hazard facilities and dangerous goods storage and handling are regulated separately under the Dangerous Goods Safety Act 2004. Additionally, Commonwealth Government workers and some self-insured licensees are covered by Comcare under the Work Health and Safety Act 2011, which is responsible for workplace safety, rehabilitation, and compensation in the Commonwealth jurisdiction.
By having a comprehensive WHS Act and a dedicated team of WRPs, Western Australia ensures that workplace safety and rehabilitation are prioritized. These measures help protect the wellbeing of workers and provide support for their safe return to work following any injuries or incidents that may have occurred in the workplace.
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Frequently asked questions
The current OHS legislation in Western Australia is the Work Health and Safety Act 2020.
The WHS Act covers all workplaces within the natural jurisdiction of Western Australia, including mines, petroleum and geothermal energy operations.
Yes, there are a few exceptions where other legislation applies. For example, major hazard facilities and dangerous goods storage and handling are covered by the Dangerous Goods Safety Act 2004.
The regulator is responsible for administering the WHS Act, with assistance from WorkSafe, who provide inspectors and other staff to secure compliance with the legislation.
