The State Government has made major amendments to the Occupational Health, Safety and Welfare Act, including name changes for the Act and the Department. The changes to the Act signal a fresh approach to occupational safety and health in WA, with a greater emphasis on consultation and co-operation in the workplace and a crackdown on the industrial exploitation of safety issues. In line with perceived community expectations, penalties for serious breaches of the legislation have been substantially increased, with the general duties of care extended to a wider group of people involved in workplaces.
Similar penalties apply to other persons such as manufacturers, suppliers and self-employed persons.
The general duties of care established under the legislation have been extended to apply to persons who design or construct buildings, structures or temporary structures. The objective of this amendment is to require architects, builders and engineers to design and construct buildings so that they do not contain safety and health hazards. These include the use of hazardous substances such as asbestos, toxic glues and solvents and physically unsafe design features such as slippery floors. The protection of safety and health representatives from discrimination has been enhanced by reducing the severity of the legal test in prosecutions for discrimination offences. Previously there was a high burden of proof in discrimination cases, but the prosecution now only has to satisfy the Court that performance of safety and health functions was the dominant or substantial reason for less favourable treatment or discrimination.