The work health and safety (WHS) laws aim to protect the health, safety and welfare of all workers at work. The laws also protect the health and safety of all other people who might be affected by the work.
Western Australia's work health and safety laws align closely with those in New South Wales, Queensland, South Australia, Tasmania, the Australian Capital Territory, the Northern Territory and the Commonwealth who have all adopted the same national model laws. For more information see model WHS laws.
Overview of the WHS legislation
The WHS Act covers all workplaces within the natural jurisdiction of Western Australia, including mines, petroleum and geothermal energy operations.
The WHS Act is supported by three sets of regulations:
- Work Health and Safety (General) Regulations 2022
Applies to all workplaces except those covered by the other two sets of regulations [WHS General Regulations] - Work Health and Safety (Mines) Regulations 2022
Applies to mining and mineral exploration operations [WHS Mines Regulations] - Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022
Applies to onshore and offshore petroleum, pipeline and geothermal energy operations [WHS PAGEO Regulations].
Note: Levies to cover the cost of regulating health and safety continue to be collected and used for these purposes, under the Mines Safety and Inspection Act 1994 and the Petroleum and Geothermal Energy Safety Levies Act 2011, and supporting regulations.
Major hazard facilities and dangerous goods storage and handling continue to be regulated separately under the Dangerous Goods Safety Act 2004.
The WorkSafe Commissioner is the regulator under the Work Health and Safety Act 2020 (WHS Act). The Commissioner is responsible to the Minister for Industrial Relations for the administration of the WHS Act, and any other laws relating to work health and safety administered by the Minister.
Download the WHS Act Download the WHS Regulations
Transitional arrangements provide sufficient time for duty holders to adapt their safe systems of work to the WHS requirements.
To learn more see WHS transitional arrangements.
Purpose of the WHS Act
The WHS Act aims to:
- protect the health and safety of workers and other people by eliminating or minimising risks arising from work or workplaces
- ensure fair and effective representation, consultation and cooperation to address and resolve health and safety issues in the workplace
- encourage unions and employer organisations to take a constructive role in improving work health and safety practices
- assist businesses and workers to achieve a healthier and safer working environment
- promote information, education and training on work health and safety
- provide effective compliance and enforcement measures
- deliver continuous improvement and progressively higher standards of work health and safety.
Who's responsible?
The Act places the primary health and safety duty on the business owner or employer, referred to in the Act as a person conducting a business or undertaking (PCBU).
The business owner must ensure, so far as is reasonably practicable, the health and safety of workers at the workplace.
This means doing what you are reasonably able to do to ensure the health and safety of workers and others like volunteers and visitors.
Duties, or responsibilities, are also placed on managers, supervisors and, workers at a workplace.
Learn more about workers' rights and responsibilities.
Who's covered?
All workers are protected by the Act including:
- workers, contractors and subcontractors
- apprentices and trainees
- work experience students
- volunteers
- service providers.
What's included?
The WHS Act covers work health and safety definitions and duties. It also sets out the requirements for:
- incidents and notifications
- licensing and registrations
- consulting with workers
- compliance and enforcement.
Guide to the Work Health and Safety Act 2020
We've developed guides which will help you understand your health and safety duties and rights in the workplace.
- Overview of Western Australia's Work Health and Safety Act 2020
- Overview of Western Australia’s Work Health and Safety (General) Regulations 2022
Codes of practice
The Act and the Regulations are supported by codes of practice that give practical advice on how to meet your work health and safety responsibilities.
If you are conducting a business in Western Australia, you must comply with an approved code of practice under the Work Health and Safety Act 2020.
You can use another method, such as a technical or an industry standard, to manage hazards and risks—as long as it provides an equivalent or higher standard of work health and safety to the standard required in the code.
Class exemptions
The WorkSafe Commissioner can grant a group of people an exemption from complying with a regulation of the WHS Regulations. These are referred to as a class exemptions.
Find out more about exemptions granted under WHS legislation.
Enforcement, offences and penalties
The WHS Act provides for the following categories of offences for breach of health and safety duties. The maximum penalties are different depending on the category of the offence and whether the offender is an individual (e.g. a worker, or a PCBU), an officer (as defined) or a body corporate.
Industrial manslaughter – applies to those with a WHS duty where their conduct in failing to comply with that duty caused a death. Only PCBUs and their officers can be charged with industrial manslaughter. The prosecution must establish, beyond reasonable doubt, that the person knew their conduct was likely to cause the death of, or serious harm to, an individual and they acted in disregard of that likelihood.
Category 1 – applies to those with a WHS duty where their conduct in failing to comply with that duty caused the death of, or serious harm to, a person.
Category 2 – applies to those with a WHS duty where their conduct in failing to comply with that duty exposed a person to the risk of death, injury or harm to health.
Category 3 – applies to those with a WHS duty who failed to comply with that duty.
Learn more about Enforcement, offences and penalties.
Resources and guidance
Access all our resources and guidance including interpretive guidelines, regulator's policies, codes of practice, guides, videos and webinar recordings to help you understand the WHS requirements.