Posted By David Wallington
FYI, hi from Aust Regards Dave

Wednesday 10th November 2004 5:44 pm EST

WA has passed legislation that more than doubles the fines for serious OSH offences and introduces jail terms for breaches involving gross negligence by senior managers.

The Occupational Safety and Health Amendment and Repeal Bill 2004 was introduced to Parliament in April this year (see related article 1 for full details of the Bill's provisions) and passed through the Legislative Council last night.

It was based on the recommendations of a review conducted by former AIRC member Robert Laing, completed in November 2002 (see related article 2).

Consumer and Employment Protection Minister John Kobelke said the new Act brought WA more into line with penalties applying in other States.

"A corporation convicted on a serious charge will face a maximum penalty of $500,000 for a first offence, two-and-a-half times the current maximum. A subsequent offence will incur a maximum penalty of $625,000.

"As well as the bigger fines, the option of jail has now been included for accountable senior managers committing offences, which involve gross negligence."

The Bill provides for:
an expanded duty of care to apply to companies, to ensure other people are not adversely affected by their work. This duty provides protection for labour hire or work experience employees, as well as members of the public and visitors to the workplace (such as clients);

Certain workplace situations to be treated as employment. The Bill extends coverage of the OSH Act to alternative employment arrangements and ensures that principals can't contract out of their duties to contractors and their employees. It also specifically provides that both labour hire firms and host employers have an employer's duty of care to workers in relation to matters over which each has control;

A new, duty on employers to ensure that residential premises provided in connection with work are safe for the employee. The duty applies only where:

 there is no alternative accommodation available;
 the accommodation is outside a city or town; and
 there is no written agreement containing terms that might reasonably be expected to apply to the letting of residential premises;

A duty on employers to investigate a hazard or injury reported by an employee, and to inform the employee of intended action to be taken;


A maximum penalty for a corporation for a first offence of $500,000 (for the most serious offences) and $625,000 for a second or subsequent offence, and where an offence is committed by an individual other than an employee. The maximum will be $250,000 for a first offence and $312,500 for a subsequent offence (with the possibility of imprisonment for two years in both cases). Employee offences will attract a maximum penalty of $25,000, or $31,250 for a subsequent offence;


prosecution of Government agencies;


Undertakings as an alternative to fines, such as:

 Taking specified steps to improve OSH;
 Publicising an offence and related details;
 Remedying any consequences of an offence; or
 Carrying out a specified project or activity for the improvement of OSH in the community;

The establishment of a safety and health tribunal will operate under the WA IRC, to deal with administrative OSH matters (such as the entitlement of a worker to wages under the stop work provisions). Safety and health magistrates will continue to deal with prosecutions.

More flexible processes for the election of safety and health representatives (while maintaining the status of previously elected reps) and the right for reps to seek redress for discrimination on the basis of their status in the safety and health tribunal (above);

Provisional Improvement Notices (PINs) to be issued by safety and health representatives, where they believe an employer is contravening the Act or Regulations; and

The Mines Occupational Safety and Health Advisory Board (MOSHAB) is to be abolished and reconstituted as a tripartite advisory committee of the OSH Commission. The Mining Industry Advisory Committee will provide advice to Ministers responsible for the OSH Act and the Mines Safety and Inspections Act, and the Commission.

The Bill is awaiting royal assent.

Occupational Safety and Health Legislation Amendment and Repeal Bill 2004 (includes link to Explanatory Memoranda).


Related Article : WA Bill increases fines, closes gaps in coverage
Related Article : WA OHS review calls for tougher penalties, including jail