When do the new WHS laws come into effect?

WA’s Work Health and Safety legislation is expected to come into force until January 2022.

What are the significant changes in the legislation?

  • Industrial manslaughter – the new legislation includes industrial manslaughter provisions carrying a maximum penalty of 20 years’ imprisonment for an individual and a fine of $10 million for a body corporate.
  • Prohibition on insurance for monetary penalties – The new laws will make it illegal for insurance companies to indemnify entities against monetary penalties imposed under workplace health and safety laws.
  • Workplace health to be defined as both ‘physical and psychological health’ – aims to emphasise the importance of considering psychological health in the design and management of work. It is also intended to serve as a reminder that risks to psychological health must be considered alongside risks to physical health.
  • Workplace safety to come under a single Act covering all workplaces – this update will bring the resources sector and general industries under the same Act, but with separate regulations.

Where can I get information on the new legislation?

A guideline to the NEW WA Work Health and Safety Act 2020 is available on the Department of Mines, Industry Regulation and Safety website on the link below.

Western Australia’s Work Health and Safety Act 2020 – guide (dmirs.wa.gov.au)


SAFCOM Risk Management can assist companies with the migration to the new legislation by:

  • Reviewing all current documentation to ensure it meets legislative requirements
  • Develop new documented processes that meet your objectives and legislative requirements
  • Provide support and guidance to ensure ongoing compliance and business improvement