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NOVEMBER 2021

 
WORK HEALTH AND SAFETY ACT 2020 (WA)

The below is a summary of the expected changes and their interpretation within the new WORK HEALTH AND SAFETY ACT 2020 (WA) legislation.

Section 30A

  • The main difference between the new WA WHS Act and the model WHS laws is the inclusion of a new offence for industrial manslaughter.
  • The provisions apply to PCBUs and officers (Company directors and secretary and any person who makes or participates in decisions that affect the whole or a substantial part of the business and/or any person who can significantly affect the financial performance of the business).
  • These provisions were introduced with the aim for having a strong deterrence effect, and to accord with community expectations.
  • The provisions ensure that deaths in the workplace caused by the conduct of PCBUs and officers are met with substantial penalties (including imprisonment).

Section 272A

  • Under the current OHS Act, if you are prosecuted then your insurance can pay your legal fees and penalties.
  • Under the new WA WHS Act, insurance can still pay legal fees, but insurance cannot be taken out to cover penalties such as fines for breaches.
  • Companies cannot indemnify employees – if someone is handed a penalty, they are individually responsible for it.

Section

Category

Individual

Body Corporate

30A

Industrial Manslaughter

Imprisonment for 20 years and a fine of

$5 000 000

Fine of
$10 000 000

 

31

Category 1

Imprisonment for 5 years and a fine of $680 000

A fine of
$3 500 000

 

32

Category 2

Individual (PCBU/officer): a fine of $350 000

Individual (neither PCBU/officer): a fine of $170 000.

A fine of
$1 800 000

 

33

Category 3

Individual (PCBU/officer): a fine of $120 000

 

Individual (neither PCBU/officer):

a fine of $55 000

A fine of $570 000

 

272A

 

No insurance or other indemnities against fines

A fine of $51 000

 

A fine of $255 000

 

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