A Bill to modernise WA's outdated legislation has now passed the Upper House. It corresponds with the model Work Health and Safety (WHS) Act applied in some other states apart from Victoria but retains some jurisdictional aspects, such as the management of WHS permit-holders under existing WA industrial relations laws.
An additional duty holder clause has been introduced in the Bill (section 26A) 'WHS Service Provider'. This provider (being essentially a consultant) must ensure, so far as is reasonably practicable, that the WHS services are provided such that any relevant use of them at, or in relation to, a workplace will not put the health and safety of persons in the workplace at risk.
An example of this clause may mean providing any of the following services:
As a result, the WHS Consultant may face allegation being made against them for any potential breaches of standards, codes or legislation, when performing their duties, including but not limited to:
The Bill may also pick up a Boland Review recommendation, which outlines a requirement to prohibit insurance for WHS fines and make it an offence to:
Further information may be found here.
|Posted in: Andy Perry|