WHS Harmonisation laws were originally designed to commence 1st January 2013. All the states have passed the legislation except for Victoria and Western Australia. Victoria has decided against joining. Western Australia’s position is outlined by the WorkSafe Commissioner
Statement from the WorkSafe Western Australia Commissioner
The Western Australian Government remains committed to the principle of harmonisation and continues to take steps to progress the implementation of the model work health and safety laws. The harmonisation process has included the development of the model Act, WHS Regulations and Codes of practice. WA is continuing to participate in that process. While it is not intending to adopt the whole of the model WHS Bill, WA will likely adopt the vast majority of the proposed model laws.
In relation to the model WHS Regulations a WA specific public consultation was completed during late 2012 with a WA specific Regulation Impact Statement (‘RIS’) being prepared by Marsden Jacob Associates and provided to WorkSafe on 31 December 2012. That RIS has been provided to the Government for its consideration as part of the process of proceeding toward the adoption of the model laws.
The timing of the adoption of the model laws is dependent on the availability of the complete package of harmonised laws including the model mining WHS regulations (core and non-core) being available so that any implementation of the WHS laws can be for all industry sectors in WA simultaneously.
Below are some answers to the questions that have been commonly asked in relation to the effect of harmonisation for workers and workplaces in WA. However, if you have other questions please contact WorkSafe WA on 1300 307 877 or by email (firstname.lastname@example.org) and we will organise an answer for you.
NB: New WHS Legislation has not been tabled in the WA parliament as yet. Stay tuned.
A WorkSafe Plan is an assessment process that rates safety and health management systems and directs attention to areas that could be improved. It provide a systematic way of measuring how well it is being managed.
The WorkSafe Plan is suitable for organisations of all sizes and can be used to:
- Provide information on desirable safety and health management practices
- Identify strengths and weaknesses in safety and health management systems
- Provide a measure for safety and health performance
- Implement a cycle of continuous improvement
- Compare performance with organisations in the same industry
- Gain recognition for standards achieved in management of the organisation’s safety and health systems
If an organisation wishes to request a WorkSafe Plan Certificate of Achievement, issued by the Department of Commerce WorkSafe Division, an independent, qualified Assessor must complete an assessment and rate the safety and health management system.
If your company or business would like to be assessed against the WorkSafe Plan please don’t hesitate to contact Kelvin Murphy on (08) 6389 8900 or email@example.com to arrange for a work place Audit.
When someone is injured at work you are obliged to contact the following organisations:
- If you are a client of Aurenda, contact us on (08) 6389 8989 – we will provide the next steps;
- If you are not a client of ours, you will need to contact your insurer; and
- Depending on the severity of the injury, you may also be required to notify WorkSafe WA or the relevant Authority in your state.
In Western Australia, reporting is required for employees who suffer death/ injury/ disease at work or at employer-provided residential premises as described under s23G(2) of the WA Occupational Safety and Health Act 1984.
Types of injuries that must be reported to WorkSafe WA:
- A fracture of the skull, spine or pelvis.
- A fracture of any bone in the arm, other than in the wrists or hand, or in the leg, other than a bone in the ankle or foot.
- An amputation of an arm, a hand, finger, finger joint, leg, foot, toe or toe joint.
- The loss of sight of an eye.
- Any injury other than those referred to above which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred.
Types of diseases that must be reported:
- viral hepatitis,
- legionnaire’s disease and
where these diseases are contracted during work involving exposure to human blood products, body secretions, excretions or other material which may be a source of infection.
Occupational zoonoses (diseases spread from one species (animals) to humans):
- Q fever,
- leptospiroses and
where these diseases are contracted during work involving the handling of, or contact with, animals, animal hides, skins, wool, hair, carcases or animal waste products.