WA Work Health and Safety 2022

WA Work Health and Safety 2022

Is your business WHS 2022 ready? A number of changes need to be made to ensure you're business is ready.


Is your business WHS 2022 ready?

Many businesses are not prepared for the introduction of Western Australia’s new Work Health and Safety laws.

All businesses or organisations that employ staff need to review their employment procedures to ensure compliance by March 2022. If ignored, a business is at risk of breaching health and safety duties with serious penalties of fines and imprisonment if a serious incident takes place.

What is WHS 2022?

In March 2022, Western Australia’s new Work Health and Safety Act 2020 (WHS Act) will be implemented. These laws were first tabled in July 2017 and were passed by Parliament on November 3, 2020.

The new laws allow for all Western Australian workplaces to fall under one single Act and are based on a national WHS Act which is used in other states and territories - except for Victoria.

What are the key changes?

  • The WHS Legislation is now contained in one Act with three supporting sets of regulations being; WHS (General Regulations), WHS (Mining) Regulations and WHS (Petroleum & Geothermal Energy Operations).
  • Businesses must ensure they undertake formal reviews of their current Safety Management Systems to ensure compliance with the new WHS Act and Regulations prior to March 2022.
  • Significant fines and penalties for non-compliance and breaches of the new WHS Act and Regulations – for example the fine for a Category 1 offence is $3.5 million and an industrial manslaughter offence is $10 million (body corporate) or $5 million / 20 years Jail for an Individual or Company Officer.
  • Boards, Directors, Partners, Officers and Key Decision Makers within an organisation must be able to demonstrate due diligence, active governance and high-level participation across all corporate WHS matters.
  • Businesses must implement systems to ensure compliance with new requirements around reporting of ‘notifiable incident’ events for serious illness/injuries, dangerous incidents and fatality events.
  • Businesses can no longer purchase insurance covers for any breaches of safety related events resulting in financial penalties (fines). The Act prescribes significant fines for any clients attempting to obtain/purchase this type of insurance.

What does a business need to do?

There are a number of areas that need to be addressed to ensure WHS compliance. These include:

  1. Does your management team have a clear understanding of the new WHS requirements for your business? There are new definitions and terminology that need to be understood. For example, the new Act includes mental and physical health in all reference to workplace safety. Do your current WHS procedures reflect this change?
  2. Safety Management System (SMS) & Injury Management System (IMS) Reviews - Does your business have the right systems in place? If your organisation's Work Health & Safety procedures haven't been audited or assessed for compliance to the new WHS Legislation you will need to make sure this is done prior to January 2022. A number of key changes need to be made. For example, does your SMS & IMS contain all WHS technical & legislative content to meet the WHS requirements?
  3. Does your team know about the changes and how it will affect them? The new WHS laws are the most significant change to safety management in Western Australia since the OSH Act of 1984 & Regulations of 1996! There are additional resources to help educate your staff on the WA WHS available from the WorkSafe Western Australia website.


How can Austral help?

Austral Risk Services has a dedicated people risk solutions business dedicated to assisting our clients in all aspects of managing a workforce - from understanding people risks to workers’ compensation insurance and claims management.

People Risk Advice

By helping build ‘best practice’ Work, Health and Safety Systems, Austral can ensure clients are well placed if and when a work place incident occurs.

Expert Workers' Compensation Insurance Advice

By reviewing the business, understanding its people risks and assisting with the management of these risks, Austral can work with the insurers to get the best insurance cover and informed claim reserves.

Proactive Workers' Compensation Claims Management

Austral’s experienced team proactively manage all workers’ comp claims with clients to achieve fair outcomes, faster claims payments, increased insurer accountability, informed claims reserves and better premiums.

Leading Enterprise Risk Management System (ERMS)

Austral ‘s new comprehensive ERMS software solution provides clients with a fully tailored, WHS compliant Enterprise Risk Management System software package. The solution is fully supported and simple to implement. Additional support can be provided by utilising the services of our professional risk management consultants.

The ERMS product is fully scalable and suitable for all businesses. ERMS can be purchased either in base format and expanded over time into a fully integrated management system in accordance with business growth, budgets and changing compliance requirements.

WHS 2022 compliance services

Austral Risk Services has a complete solution for WA businesses to manage the new WHS Legislative requirements.

Using our professional range of risk services, we can significantly reduce the impact and challenges businesses will be required to undertake for WHS compliance.

Our professional people risk consultants can assist your business to complete a WHS Compliance Audit and provide guidance on what specific improvements are needed.

Austral Risk Services also offers clients a complete suite of Enterprise Risk Management Software to make the transition to WHS compliance simple and cost effective. Our fully tailored risk software solutions include:

  • Safety Management Module (ISO: 45001)
  • Incident & Injury Management Module
  • Induction Module;- Human Resources Module
  • Quality Management Module (ISO: 9001)
  • Environmental Management Module (ISO: 14001) and many more.

About Austral Risk Services

Austral Risk Services are trusted risk advisors and insurance brokers serving WA businesses for over 30 years. We provide comprehensive risk management services and insurance solutions to protect a business or organisation. We’re experts in handling complex and difficult risks.

Since 1990, we have earned a reputation of excellence in designing risk management programs and offering innovative, tailored business insurance solutions that meet our clients’ unique risk profiles and industry needs.




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