First prosecutions under WA’s new WHS regulations

WorkSafe has launched first prosecutions under WA's new WHS regulations, targeting three companies plus an individual for workplace safety breaches. These proceedings represent the initial enforcement action under the Work Health and Safety Act 2020, which took effect in March 2022.

Summary: WA's workplace safety regulator has commenced court action against four parties under the state's updated work health and safety framework, with penalties for serious breaches reaching up to $3.5 million and potential imprisonment for individuals in cases involving severe negligence.

What Triggered These First Prosecutions?

Acting WorkSafe Commissioner Sally North confirmed court proceedings have begun for four cases under WA's recently implemented workplace safety regulations. Each case falls under the new legislative regime governing risk management obligations across construction, manufacturing, and other high-hazard sectors.

"The Work Health and Safety laws carry additional and more serious penalties than the previous laws," Ms North said.

Penalties Under the New WHS Framework

"This is illustrated by the potential maximum fine of $3.5 million in three of these cases, but more serious breaches may risk penalties including terms of imprisonment for individuals," she added.

These figures underscore why robust safety management systems matter more than ever for organisations operating in WA. Effective risk management practices, backed by clear documentation and consistent safety oversight, remain essential defences against non-compliance.

Why This Matters for Safety Management Practices

Businesses across construction, manufacturing, and healthcare sectors should treat these prosecutions as a clear signal to review their own safety management arrangements. Key areas worth auditing include:

• Documented risk management processes for identifying and controlling workplace hazards
• Clear allocation of safety responsibilities across management structures
• Regular review cycles for safety management systems and procedures
• Training records demonstrating compliance with work health obligations

Organisations seeking to strengthen their management systems can benefit from resources such as OHS/WHS management systems for New Zealand and New Zealand OHS/WHS management systems documentation, which offer practical frameworks applicable across similar regulatory environments.

Related Regulatory Developments

These WA prosecutions follow a broader national trend toward stricter enforcement. Readers may find further context in our coverage of how Safe Work Australia releases new information on WHS prosecutions, plus updates on new WHS regulations for NSW mines and petroleum sites now in force.

Similarly, workplace safety ministers approving new model WHS regulations for engineered stone ban demonstrates ongoing regulatory momentum toward tighter risk management standards nationwide.

Strengthening Compliance Through Documentation

Given the severity of potential penalties, businesses should prioritise comprehensive documentation as part of their safety management strategy. Practical tools like a first aid policy or maintaining records through a WHS recording centre support consistent management practices that regulators expect to see during compliance reviews.

For organisations preparing site-specific documentation, resources such as a new safe work method statement can help formalise risk management procedures before work commences, reducing exposure to breaches under the current legislative regime.

Looking Ahead

These prosecutions confirm WorkSafe's commitment to enforcing WA's strengthened work health framework. Employers should treat this development as a prompt to review safety management systems, tighten risk controls, and ensure documentation aligns with current obligations under the Act.

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