In case you haven’t heard we have a new Work Health and Safety Act 2020 (WHS Act) being implemented in Western Australia this year. Have you ever wondered who is responsible for the administration of the WHS Act? As a business owner or PCBU it is important to know who that is and what their role is regarding the administration of the act. So this week we are going to introduce you to the Regulator…
THE ROLE OF THE REGULATOR (SECTIONS 52-154)
Who is the regulator?
The WorkSafe Commissioner is the regulator under the WHS Act.
What are the responsibilities of the regulator?
The WorkSafe Commissioner will be responsible to the Minister for Industrial Relations for the administration of the WHS Act and any other law relating to work health and safety administered by the Minister.
What are the functions of the regulator?
The regulator has a broad range of functions, including:
- monitoring and enforcing compliance with the WHS Act (and regulations)
- investigating and reporting on matters relating to work health and safety, including particular types of hazards and matters relating to particular industries or particular businesses or undertakings
- providing advice and information on work health and safety to duty holders and the community
- collecting, analysing, and publishing statistics relating to work health and safety
- fostering a cooperative, consultative relationship between duty holders and the people to whom they owe work health and safety duties, and their representatives
- promoting and supporting education and training on matters relating to work health and safety
- engaging in, promoting, and coordinating the sharing of information to achieve the object of the WHS Act, including the sharing of information with other work health and safety regulators
- conducting and defending legal proceedings under the WHS Act.
POWER OF THE REGULATOR TO REQUIRE DOCUMENTS AND INFORMATION (SECTIONS 155-155B)
What power does the regulator have?
The regulator may only require a person to appear in person after taking all reasonable steps to obtain the required information by other means.
The regulator may also, by written notice, require a PCBU to provide an independent report on WHS matters at a workplace.
It is an offence to refuse or fail to comply with a request without reasonable excuse. However, a person may refuse to produce a document or information that is subject to legal professional privilege.
While the regulator may compel answers, self-incriminating answers to questions or information provided cannot be used as evidence against an individual in proceedings, other than proceedings arising out of the false or misleading nature of the answer, information, or document.
POWERS TO COPY AND RETAIN DOCUMENTS (SECTION 155C)
Documents provided to, or obtained by the regulator, may be retained for the period considered necessary by the regulator. The regulator may also take extracts and make copies or reproductions of documents.
The Enforcement of WHS Compliance by Regulators
The regulator is significant in the process of enforcing business health and safety requirements under the Work Health and Safety Act 2020. Employers and PCBUs need to be aware of the roles of the regulator in ensuring safe and legally abiding workplaces. Regulators ensure compliance, give guidance, investigate and enforce where it is important.
How Businesses Must Be Aware of Regulatory Requirements
Awareness of WHS laws helps organisations to reduce the risk in their workplace, optimise the effectiveness of their operations and create a stronger safety culture. When management is proactive in ensuring safety, businesses tend to be thoroughly organised during inspections, audits, and compliance checks.
The main advantages of compliance are:
- Less workplace accidents and incidents
- Greater employee confidence and morale
- Enhanced business protection through legal means
- Less downtime through unsafe practices
- Stronger professional reputation
Improvement notices, prohibition notices or a financial penalty may be imposed on businesses that fail to meet the requirements of WHS.
The Role of Inspectors in Promoting Workplace Safety
The WHS Act allows the appointing of inspectors to determine the safety and legality of operations in work places. Prevention and enforcement are the emphasis of their work. Inspectors can visit work places, look at the records, compare with employees and detect hazards before they happen.
Inspectors commonly review:
- Hazard controls and risk assessments
- Safe work procedures
- Training and competency records
- Incident reporting systems
- Safety of plant and equipment
Organised documentation and effective WHS systems ensure that businesses are more prepared during inspections and audits.
The Significance of Active Safety Management
Proactive safety management is required in organisations and not reactive as the organisations need to react to the incident. Hazard reporting systems, regular audits, toolbox talks, and training programs are used to detect risks during the early stages and enhance workplace safety performance.
Engagement of skilled WHS consultants such as SHEQ Management can aid businesses to enhance compliance procedures and adopt effective WHS and ISO management systems.