In a national first, the new laws bring together WHS for general industry, mines and petroleum and geothermal operations under a single Act in the most important health and safety reform for WA workplaces in more than 30 years.
WA’s new WHS laws harmonise with other States and Territories, except Victoria, although amendments have been made to tailor the laws to reflect our unique State. This means companies that operate across Australia will have similar obligations and requirements in each State and Territory.
A WHS undertaking is a written, legally binding agreement proposed by a person following a contravention or alleged contravention of the WHS Act.
Pursuant to section 216 of the WHS Act, the regulator may accept a written undertaking (a WHS undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention of the WHS Act.
This policy sets out the regulator’s processes and criteria for considering a proposal to enter into a WHS undertaking from a person who has committed or allegedly committed an offence against the WHS Act.
Work Health and Safety Undertakings Policy (www.wa.gov.au)
The commencement of the WHS Act will result in a change to the way that worker hours are to be reported.
Under the new Work Health and Safety (Mines) Regulations 2022 the workers’ hours are to be reported quarterly. To align with this requirement, the Mines Safety and Levy Regulations have been amended to report workers’ hours quarterly.
This communiqué provides advice on how to accommodate the fact that commencement of the new laws does not align with a reporting quarter.