THE resources industry has been allowed to continue using a risk-based approach to work health and safety in Western Australia.
It comes after the WA Labor Government announced the development of a modernised Work Health and Safety Bill.
The Bill will replace three acts, the Occupational Safety and Health Act 1984, Mines Safety and Inspection Act 1994; and Petroleum and Geothermal Energy Safety Levies Act 2011.
The aim of the Bill is to get the state aligned with the rest of Australia, providing primary legislation for workplace safety and health across all WA industries.
The Bill will be based on the national Work Health and Safety Act, which the rest of the states and territories adopted more than five years ago.
A number of industry-specific regulations will be supported within the Bill to reflect the state’s unique conditions.
This approach allows for the status quo to remain in the resources sector, with the continuation of a risk-based approach.
Petroleum and major hazard facility industries will also continue to operate under a safety case approach.
The streamlined Bill, which is proposed to come under the umbrella of a single Act to minimise red tape, follows collaboration between the former departments of Commerce and Mines and Petroleum (now the Department of Mines, Industry Regulation and Safety). At this stage there is no further clarity on whether separate inspectorates will be retained to complement the proposed industry specific regulations.
Mines and Petroleum Minister Bill Johnston said there will be extensive consultation with stakeholders and the community before the Bill is expected to be introduced into Parliament in mid-2019. Based on AREEA’s previous experiences with states adopting the harmonised laws, there are likely to be some differences from the model Work Health and Safety Act 2011 and that which the Western Australian government may seek to introduce.
Mr Johnston said dated occupational, health and safety legislation in WA was 33 years old and required a revamp.
The move comes after the 27 June, 2017 announcement of a new Inquiry into WorkSafe in Western Australia.
The Public Administration Committee has identified key components of the inquiry to include WorkSafe’s performance against the objects of the Occupational Health and Safety Act 1984, funding and resourcing, training, administrative processes and public education.
If you have any queries about the adoption of harmonised WHS laws or the Inquiry into WorkSafe in Western Australia, please contact AREEA’s policy team at [email protected]
