Are you affected by the changes to WHS regulations?

Summary: Victoria and Western Australia have both introduced significant changes to workplace health and safety laws. Victoria's amendments strengthen protections for labour-hire workers, while Western Australia has moved to a harmonised Work Health and Safety Act covering general industry, mines, and petroleum operations. If your business operates in either jurisdiction, understanding these WHS regulation changes is essential to remain compliant and avoid penalties.

Recent changes have occurred to health and safety legislation in Victoria and Western Australia, introducing new responsibilities for employers and workers alike.

For our subscribers working in these jurisdictions, staying aware of these changes helps maintain compliance with the new rules. Non-compliance with safety legislation can result in serious penalties, including significant fines and even jail time.

Victoria: Labour-Hire Worker Protections

Employers in Victoria using labour-hire staff need to understand their changed responsibilities from 22 March 2022. The amendments now ensure labour-hire workers receive the same rights and protections as direct employees of an employer.

Previously, labour-hire staff were considered employees of the provider rather than the host company, but they're now recognised as employees of both parties.

Under these changes, providers and hosts must collaborate to ensure there are no gaps in health and safety coverage for labour-hire workers.

We offer a range of products designed to help you manage safety in your workplace related to labour-hire arrangements:

• Labour Hire Management Plan
• Labour Hire Host Evaluation Checklist
• Labour Hire Corrective Action Agreement Record

Western Australia: New Work Health and Safety Act

The major shift in Western Australia involves new Work Health and Safety (WHS) laws, commenced on 31 March 2022, bringing general industry, mines, and petroleum operations under a single act.

These harmonised regulations also bring WA in line with most other Australian states. Integrating the concept of a "person conducting a business undertaking" (PCBU) requires entities engaging a WA worker to hold a legal obligation to protect their health and wellbeing.

The updated laws introduce industrial manslaughter provisions, carrying a maximum penalty of 20 years imprisonment and fines up to $5 million for an individual, plus a $10 million fine for a body corporate.

Provisions have also been added ensuring insurance can no longer cover such penalties, so PCBUs remain accountable for their actions and individually responsible for financial consequences.

Managing Psychosocial Hazards Under the New Rules

Beyond physical hazards, the harmonised framework places greater emphasis on managing psychosocial hazards in the workplace. Employers must now identify and control psychosocial risks such as excessive workloads, bullying, and poor workplace relationships, alongside traditional hazardous conditions.

Recognising both physical and psychological hazards forms a core part of meeting modern work health obligations, and businesses should review their systems to ensure hazardous exposures of all kinds are properly managed.

How SafetyDocs Can Help

SafetyDocs provides comprehensive health and safety documents, including policies, management systems, and safe work method statements, helping keep Western Australian businesses safe and compliant with the new laws.

You can rest assured knowing our systems stay up-to-date with the latest regulations, so you can focus on what matters most – running your business.

• Management Systems
• Safe Work Method Statements
• OHS Policies

For those who regularly submit safety documentation for contract purposes, or simply want to stay abreast of regulatory shifts, keeping informed of updates proves critical to maintaining legal compliance. For further information, our Safe Work Australia model WHS regulation updates article offers additional context on national reforms.

This reference list has now been updated to reflect changes to WHS laws in Western Australia and can be purchased on the SafetyDocs website: Legislation and Codes of Practice Reference List.

If you're unsure whether your business holds officer-level obligations under these frameworks, our article on whether you're an officer of your company provides useful clarity. Businesses operating across multiple states should also review our guide to dangerous goods transport regulation changes in the Northern Territory for related compliance requirements. You can also browse our full range of workplace policies and procedures to support your organisation's ongoing compliance efforts.