Western Australia’s Adoption of the Model WHS Act: What It Means for Workplace Safety

In a significant step towards national consistency, Western Australia adopted the model Work Health and Safety (WHS) Act on 10 November 2020. The shift aligns Western Australia’s safety regulations with other Australian states and territories that have already implemented the model WHS laws. This move aims to streamline health and safety practices across jurisdictions, making it easier for businesses to understand and comply with a unified set of safety standards.

Key Changes with the Model WHS Act

The adoption of the model WHS Act has brought several substantial changes to Western Australia’s health and safety framework, impacting both employers and workers. Key changes include:

1. Broadened Definitions and Duties:

   - The model WHS Act introduces a broader definition of duty holders and expands the responsibility of managing workplace health and safety risks beyond the traditional employer-employee relationship.

   - Under the new Act, a “Person Conducting a Business or Undertaking” (PCBU) is responsible for ensuring health and safety. This term includes employers, self-employed individuals, contractors, and anyone who influences work activities.

2. Officer’s Duty of Due Diligence:

   - The model WHS laws impose a duty of due diligence on company officers, such as directors and senior managers, to proactively manage health and safety risks. This means officers must take reasonable steps to understand the company’s operations, associated hazards, and compliance with WHS requirements.

   - By holding officers accountable, the Act emphasizes leadership’s role in promoting a safe work environment and mitigating risks.

3. Greater Worker Involvement and Consultation:

   - Worker consultation is a core component of the model WHS laws. PCBUs are required to consult with workers on safety matters that may affect their health and well-being. This includes discussing risk assessments, control measures, and proposed changes to the workplace.

   - By formalizing worker involvement, the Act recognizes that employees often have valuable insights into safety risks and can contribute to a proactive safety culture.

4. Introduction of the Health and Safety Representatives (HSRs) and Committees:

   - HSRs play a significant role under the model WHS Act. Workers can elect HSRs to represent their safety interests, and these representatives have the authority to direct unsafe work to cease if they believe there’s an imminent risk.

   - Health and Safety Committees are also encouraged under the Act, fostering regular dialogue between employers and employees about workplace health and safety concerns.

5. Strengthened Penalties for Non-Compliance:

   - The model WHS Act introduces higher penalties for breaches, underscoring the seriousness of maintaining safety compliance. Penalties now include substantial fines and potential imprisonment for serious offenses, aligning with a nationally consistent penalty framework.

   - These changes serve as a deterrent, encouraging PCBUs and officers to prioritize health and safety and avoid cutting corners.

6. Recognition of Psychological Health:

   - The model WHS laws explicitly address psychological health, marking a significant development in recognizing mental well-being as part of overall workplace health. PCBUs are required to manage psychosocial risks, such as bullying, harassment, and work-related stress, just as they would with physical hazards.

Benefits of National Consistency

With Western Australia’s adoption of the model WHS laws, businesses operating across multiple states can now enjoy a more consistent regulatory environment. This alignment:

- Reduces Complexity: Businesses previously had to navigate separate WHS requirements for each state. The model WHS Act simplifies compliance by providing a single framework across jurisdictions, making it easier for organizations to manage their safety obligations.

- Enhances Safety Standards: Consistent WHS laws improve safety outcomes across Australia, as businesses can adopt best practices from other states and apply them without modification. The unified framework supports a continuous improvement culture in workplace safety.

- Supports Mobility of Workers: Workers moving between states will experience fewer discrepancies in health and safety practices, enabling a smoother transition across workplaces and reducing the need for retraining on state-specific requirements.

What Employers Should Do to Stay Compliant

To comply with the model WHS Act, Western Australian businesses should:

- Review their safety management systems and ensure they meet the model WHS standards, especially in areas such as worker consultation, risk management, and incident reporting.

- Provide WHS training for company officers, managers, and workers to understand their roles and responsibilities under the new framework.

- Establish or update Health and Safety Committees and ensure that HSRs are elected and trained to effectively represent workers’ safety concerns.

Western Australia’s adoption of the model WHS Act represents a positive shift towards a unified approach to workplace health and safety. By aligning with other states and territories, Western Australia has strengthened its safety standards and simplified compliance for businesses operating nationally. For companies and workers alike, these changes signify a greater commitment to creating safe and healthy work environments. As Western Australia transitions to the new model, businesses must embrace these changes, promote a safety-first culture, and proactively manage all aspects of workplace health and safety.