Snapshot

  • Introduces a new offence in the form of industrial manslaughter, including higher penalties, such as imprisonment for ’officers’ where a failure to comply with a WHS duty causes the death of an individual.
  • Makes WA the first jurisdiction to introduce duties of care for persons who can influence the way work is carried out and the integrity of products used for work.
  • Defines “health” to include psychological health, with formal recommendations being considered to add specific psychosocial risk regulations.
  • Due diligence requirements mean officers can be prosecuted in the absence of an actual incident.
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From January 2022, all WA workplaces will fall under one single act, the Work Health and Safety Act 2020 (WA), instead of multiple existing occupational safety and health laws.

The Work Health and Safety Act 2020 (WA) is based on nationally harmonised laws, which are used in all states and territories except Victoria, outlining requirements and obligations for companies working across jurisdictions.

The new Act will be supported by three regulations:

 

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