Safety and Health Laws
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Western Australia's occupational safety and health laws aim to make workplaces safer and prevent work related deaths, injury and disease. |
The Occupational Safety and Health Act 1984
The Occupational Safety and Health Act 1984 covers all workplaces in Western Australia such as offices, hospitals, schools, factories, construction sites, farms, forests, boats, aircraft or vehicles, and any place where employees or self employed persons work. The mining and petroleum industries and Commonwealth agencies are covered by separate safety and health laws.
The Government, employers and unions developed the Act through talking and working together.
The Act allows employers and employees to deal with workplace safety and health through consultation (discussion) and cooperation (teamwork). Consultation between employers and employees in workplaces is very important. The Act encourages consultation, particularly through employee safety and health representatives and joint safety and health committees.
Under the Act, all parties involved with work have responsibilities for occupational safety and health.
The Occupational Safety and Health Regulations 1996
The Act is supported by the Occupational Safety and Health Regulations 1996, which cover more specific requirements than the Act.
For example, the regulations require the installation of residual current devices (RCDs) in all workplaces that use hand held or portable power tools and extension leads. Hazard identification, risk assessment and risk control is made compulsory for employers in all workplaces by the regulations.
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Laws to protect people from occupational injury and disease apply in every workplace in Western Australia. |
The Act and the Regulations are enforceable, and workplaces can be prosecuted for not complying with their requirements.
These laws give every person in every workplace a right to be involved in safety and health through a process of discussion and cooperation. They also provide penalties for employers and employees who try to prevent this process from happening.
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Employers and employees should work together to eliminate hazards and to find practical ways to protect the safety and health of everyone in the workplace, including members of the public. |
Duty of care
The Occupational Safety and Health Act contains sections that describe the responsibilities of:
employers;
employees;
self-employed persons;
persons who have control of workplaces (e.g. owners or managers);
persons who manufacturer or supply plant (machinery, equipment or tools) and substances used at work; and
persons who design or construct buildings and structures.
These responsibilities are known as “duties of care”. The duty of care applies “as far as is practicable”.
“Practicable” means reasonable measures must be taken, bearing in mind:
the severity of any injury or harm to health that may occur;
the likelihood of the injury or harm occuring;
how much is known about the hazard and the ways of reducing, removing or controlling it; and
the availability,suitability and cost of safeguards.
