In 2018, the Western Australian Government passed legislation to increase workplace safety and health offence penalties, under the Occupational Safety and Health Act 1984 (OSH Act) and the Mines Safety and Inspection Act 1994 (MSI Act).
Level 4 penalties increase from $500,000 to a maximum $2.7 million and level 1 penalties increase from $50,000 to a $450,000 maximum. The changes include increasing the maximum term of imprisonment from two years to five years.
This information sheet answers frequently asked questions about the new penalties. Table 1 summarises the changes to the penalties under the OSH Act and MSI Act.
| OSH provision [s. 3A Penalty levels defined] |
MSI provision [s. 4A Penalty levels defined] | OSH/MSI Act penalty level | Duty holder | New OSH/MSI Act penalties |
|---|---|---|---|---|
| 3A(1)(a)(i) | 4A(1)(a)(i) | 1 | First offence – Employee | $50,000 |
| 3A(1)(a)(ii) | 4A(1)(a)(ii) | 1 | Subsequent offence – Employee | $60,000 |
| 3A(1)(b)(i)(l) | 4A(1)(b)(i)(l) | 1 | First offence – Individual | $100,000 |
| 3A(1)(b)(i)(ll) | 4A(1)(b)(i)(ll) | 1 | Subsequent offence – Individual | $120,000 |
| 3A(1)(b)(ii)(l) | 4A(1)(b)(ii)(l) | 1 | First offence – Body corporate | $450,000 |
| 3A(1)(b)(ii)(ll) | 4A(1)(b)(ii)(ll) | 1 | Subsequent offence – Body corporate | $570,000 |
| 3A(2)(a)(i) | 4A(2)(a)(i) | 2 | First offence – Individual | $250,000 |
| 3A(2)(a)(ii) | 4A(2)(a)(ii) | 2 | Subsequent offence – Individual | $350,000 |
| 3A(2)(b)(i) | 4A(2)(b)(i) | 2 | First offence – Body corporate | $1,500,000 |
| 3A(2)(b)(ii) | 4A(2)(b)(ii) | 2 | Subsequent offence – Body corporate | $1,800,000 |
| 3A(3)(a)(i) | 4A(3)(a)(i) | 3 | First offence – Individual | $400,000 |
| 3A(3)(a)(ii) | 4A(3)(a)(ii) | 3 | Subsequent offence – Individual | $500,000 |
| 3A(3)(b)(i) | 4A(3)(b)(i) | 3 | First offence – Body corporate | $2,000,000 |
| 3A(3)(b)(ii) | 4A(3)(b)(ii) | 3 | Subsequent offence – Body corporate | $2,500,000 |
| 3A(4)(a)(i) | 4A(4)(a)(i) | 4 | First offence – Individual | $550,000 and imprisonment for 5 years |
| 3A(4)(a)(ii) | 4A(4)(a)(ii) | 4 | Subsequent offence – Individual | $680,000 and imprisonment for 5 years |
| 3A(4)(b)(i) | 4A(4)(b)(i) | 4 | First offence – Body corporate | $2,700,000 |
| 3A(4)(b)(ii) | 4A(4)(b)(ii) | 4 | Subsequent offence – Body corporate | $3,500,000 |