WA: WHS Bill Passes Through Lower House

Western Australia’s Work Health and Safety Bill 2019 recently passed through the Lower House of the State Parliament.

If passed into law by the Upper House, the legislation will introduce a number of important changes and see workplace safety come under a single Act covering all workplaces.

The laws include a number of provisions including the introduction of industrial manslaughter, workplace health being defined as both “physical and psychological health” and a prohibition on insurance for monetary penalties.

As a result of significant public concern and the recommendations of two reviews, the legislation includes industrial manslaughter provisions carrying a maximum penalty of 20 years’ imprisonment for an individual and a fine of $10 million for a body corporate.

The new laws will also make it illegal for insurance companies to indemnify entities against monetary penalties imposed under workplace health and safety laws.

The WHS Bill defines health as both “physical and psychological health”, aiming to further emphasise the importance of considering psychological health in the design and management of work.

The Government said it is also intended to serve as a reminder that risks to psychological health must be considered alongside risks to physical health.

The Safety Levies Amendment Bill 2019 accompanied the Work Health and Safety Bill 2019 in passing through the Legislative Assembly.

Both bills have had their Second Reading speeches in the Legislative Council where they will be considered in detail.

“The McGowan Government recognises the importance of these reforms and hopes for their swift passage through the Legislative Council,” said Minister for Mines and Petroleum and Industrial Relations, Bill Johnston.

“Introducing industrial manslaughter laws will have a strong deterrence in this legislation and completely accords with community expectations.

“The improved legislation, based on the national model Work Health and Safety Act, will help reduce costs for industry.”

Article originally published by the Australian Institute of Health and Safety.