The WHS Act covers all workplaces within the natural jurisdiction of Western Australia, including mines, petroleum and geothermal energy operations. There are a number of exceptions where other legislation applies.
Some of the differences include:
- major hazard facilities and dangerous goods storage and handling will continue to be regulated separately under the Dangerous Goods Safety Act 2004
- petroleum and geothermal energy operations are included in the WHS Act, supported by a dedicated set of regulations.
Note: Commonwealth Government workers and some self-insured licensees are covered by Comcare under the Work Health and Safety Act 2011 (Cth). Comcare is responsible for workplace safety, rehabilitation and compensation in the Commonwealth jurisdiction, and is a federal statutory authority.
The WHS Act will be supported by three sets of regulations:
- Work Health and Safety (General) Regulations – applies to all workplaces except those covered by the other two sets of regulations [WHS General Regulations]
- Work Health and Safety (Mines) Regulations – applies to mining and mineral exploration operations [WHS Mines Regulations]
- Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations –applies to onshore and offshore petroleum, pipeline and geothermal energy operations [WHS PAGEO Regulations].
The WorkSafe Commissioner, an independent statutory office reporting directly to the Minister for Industrial Relations, will be responsible for performing the functions and exercising the powers of the regulator under the WHS Act.
WorkSafe will assist the regulator in the administration of the WHS Act, including the provision of inspectors and other staff to secure compliance with the legislation.