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MAJOR OSH REFORMS

A new penalty structure that provides for increased penalties for subsequent offences.

Increased penalties for breaches of the OSH legislation to the second highest in Australia.

Introduction of the option of imprisonment for persons found guilty of a general duty of care breach involving "gross negligence" causing serious harm or death.

A corporation convicted of gross negligence will face a maximum penalty of $500,000 for a first offence – two and a half times the current maximum for any offence under the OSH Act.

An additional 20 health and safety inspectors will be put into WA workplaces during the next three years. Eight have already been employed and are undergoing training.

Four non-monetary penalty options: negotiated outcomes or enforceable undertakings; publicity sanctions; community service orders; and work, restoration or remedial orders.

Introduction of Provisional Improvement Notices (PINs), which will empower appropriately trained and accredited OSH representatives to issue notices where a breach of the act or regulations is not immediately being remedied by the employer.

NOTE – PINs are already part of the OSH systems in Victoria, South Australia, the Commonwealth and the ACT.

A safety and health tribunal to be established drawn from the Commissioners of the WA Industrial Relations Commission.

Instead of Mining Occupational Safety & Health Advisory Board as it exists, a statutory Mining Advisory Committee with tripartite representation will be set up, and reporting to the OH&S Commission.

A safety and health tribunal to be established under the auspices of the WA Industrial Relations Commission.

Source: WA Government

 

 

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