AREEA is seeking member feedback on two separate consultations underway for workplace health and safety regulations impacting Western Australian operations.

The feedback will inform AREEA’s submissions on behalf of industry and relates to proposed Work Health & Safety Regulations (WA) for general industry, and proposed Work Health & Safety (Resources and Major Hazards) Regulations (WA) for safety in mining, petroleum and major hazard facilities (MHFs).

Work Health & Safety Regulations (WA)

The WA government has released a discussion paper to inform the finalisation of Work Health & Safety Regulations for general industry in WA.

The regulations will sit under the Work Health & Safety Bill (WA) which is also being finalised following consultation last year. The legislation, once made, will provide the overarching duties of workplace participants in relation to health and safety in the workplace and will replace the Occupational Safety & Health Act 1984 (WA).

Detailed requirements about specific hazards will be provided in the Work Health & Safety Regulations (WA) which will replace the Occupational Safety & Health Regulations 1996 (WA).

While WA has committed in-principle to national harmonisation of work health and safety, it will deviate from the model WHS Act and Regulations implemented in other jurisdictions.

Key differences proposed in WA

Western Australia has reviewed the model WHS Regulations to see where they can be modified to minimise prescription and minimise the compliance burden for WA operations.

Specifically, the national model WHS Regulations do not include some requirements currently contained in the OHS Regulations (WA) such as the prohibition of tobacco smoke in the workplace and commercial vehicle driver regulations. Those provisions will be included in the WA WHS Regulations, according to the discussion paper released for consultation.

Some elements in the national model WHS Regulations will not be included in the WA WHS Regulations such as for mines, major hazard facilities and dangerous goods, given that these are subject to separate proposed legislation and regulations in WA that are currently being finalised (see below for details).

Specific amendments to the national model WHS Regulations that the discussion paper proposes for WA include to:

• Remove the requirement for training records to be retained after employment ceases;
• Remove reference to enforceable undertakings given exclusions from the WHS Bill (WA);
• Remove Part 2.4 from the Regulations relating to Workplace Entry by WHS Entry Permit Holders (WA has not included union entry rights in its WHS Bill and is instead pointing to the Industrial Relations Act 1979 (WA) for entry rights for permit holders under WHS laws);
• Replace the requirement for HSR training with the equivalent of regulation 2.2 of the OSH Regulations (WA);
• Include an English language requirement as part of the requirements for the conduct of a competency assessment;
• Remove the matters prescribed for the determination of work groups in model WHS Regulations 16 and 17; and
• Require PCBUs to prepare procedures to effectively respond to an emergency.

The proposed WA WHS regulations also include a raft of changes relating to asbestos.

A full table of proposed amendments to the model WHS Regulations is available at the back of the discussion paper.

The Regulations are likely to take effect some time in 2017, with feedback sought on the discussion paper by 31 August 2016.

Click here for the discussion paper.

To provide your feedback or to organise a time to discuss the proposed Western Australian legislation or regulations, please contact AREEA’s Principal Adviser – Workplace Policy on (03) 6270 2256 or at [email protected].