Western Australian Consolidated Acts

OCCUPATIONAL SAFETY AND HEALTH ACT 1984

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   3A.     Penalty levels defined  
   3B.     Offences, first and subsequent  
   4.      Application of this Act  
   4A.     Act does not operate to affect adversely certain police operations  
   5.      Objects

   PART II -- Commission for Occupational Safety and Health  

   6.      Commission, creation, membership of etc.  
   6A.     Deputy chairperson  
   7.      Acting members  
   8.      Terms and conditions of appointed members  
   9.      WorkSafe Western Australia Commissioner  
   10.     Vacation of office  
   11.     Leave of absence  
   12.     Casual vacancies  
   13.     Meetings of Commission  
   14.     Functions of Commission  
   14A.    Mining Industry Advisory Committee  
   15.     Other advisory committees, appointment of etc.  
   16.     Annual report  
   17.     Staff to assist Commission  
   18.     Commissioner and department

   PART III -- General provisions relating to occupational safety and health

           Division 1 -- Preliminary  

   18A.    Meaning of gross negligence in relation to certain breaches of this Part

           Division 2 -- General workplace duties  

   19.     Duties of employers  
   19A.    Breaches of s. 19(1)  
   20.     Duties of employees  
   20A.    Breaches of s. 20(1) or (3)  
   21.     Duties of employers and self-employed persons  
   21A.    Breaches of s. 21  
   21B.    Duty of body corporate to which s. 23D, 23E or 23F applies  
   21C.    Breaches of s. 21B  
   22.     Duties of persons who have control of workplaces  
   22A.    Breaches of s. 22(1)  
   23.     Duties of manufacturers etc.  
   23AA.   Breaches of s. 23  
   23A.    Prohibited activities in prescribed areas  
   23B.    Breaches of s. 23A

           Division 3 -- Certain workplace situations to be treated as employment  

   23C.    Terms used  
   23D.    Contract work arrangements  
   23E.    Labour arrangements in general  
   23F.    Labour hire arrangements

           Division 4 -- Duty relating to certain employment accommodation  

   23G.    Duty of employer to maintain safe premises  
   23H.    Breaches of s. 23G

           Division 5 -- Other duties  

   23I.    Notification of deaths, injuries and diseases  
   23J.    Breaches of s. 23I  
   23K.    Duty to inform employee who reports hazard or injury  
   23L.    Notification of hazard to person having control of workplace

           Division 6 -- Resolution of workplace issues, and refusal to work on grounds of risk  

   24.     Resolution of issues at workplace  
   25.     Inspector may be notified where issues unresolved  
   26.     Refusal by employees to work in certain cases  
   27.     Assignment of other work  
   28.     Entitlements to continue  
   28A.    Offences -- refusal to work

   PART IV -- Safety and health representatives and committees

           Division 1 -- Safety and health representatives  

   29.     Notices requiring election of safety and health representatives  
   30.     Consultation on matters relevant to elections  
   30A.    Election scheme may be established  
   30B.    What may be included in a scheme  
   30C.    Appointment of further delegates may be required  
   31.     Election of safety and health representatives  
   32.     Terms of office of representatives  
   33.     Functions of safety and health representatives  
   34.     Disqualification of safety and health representatives  
   35.     Duties of employers in relation to safety and health representatives  
   35A.    Discrimination against safety and health representative in relation to employment  
   35B.    Discrimination against safety and health representative in relation to contract for services  
   35C.    Claims under s. 35A or 35B may be referred to Tribunal  
   35D.    Remedies that Tribunal may grant

           Division 2 -- Safety and health committees  

   36.     Terms used  
   37.     Employees to appoint representatives  
   38.     When employer must establish safety and health committee  
   39.     Request for establishment of safety and health committee  
   39A.    Commissioner may decide if s. 39 request should be obeyed  
   39B.    Employer may establish safety and health committee  
   39C.    Safety and health committee, agreement as to members etc.  
   39D.    Commissioner may determine matters for s. 39C agreement  
   39E.    Functions of committee may cover more than one workplace  
   39F.    Amendment of s. 39C agreement; abolition of committee  
   39G.    Review of Commissioner’s decisions made under s. 39A, 39D or 39F  
   40.     Functions of safety and health committees  
   41.     Procedures

   PART V -- Inspectors  

   41A.    Terms used  
   42.     Appointment of inspectors  
   42A.    Appointment of restricted inspectors  
   42B.    Functions of restricted inspector  
   42C.    Certificate of appointment  
   43.     Powers of inspectors  
   44.     Interpreters  
   45.     Notification by inspector  
   46.     Samples  
   47.     Offences

   PART VI -- Improvement and prohibition notices

           Division 1 -- Issue of notices by inspector  

   47A.    Terms used  
   48.     Improvement notices, issue and effect of  
   49.     Prohibition notices, issue and effect of  
   50.     Notices may include directions  
   50A.    Notices may be issued to Crown  
   51.     Review of notices by Commissioner  
   51AA.   Commissioner may cancel notice on own initiative  
   51A.    Review of notices by Tribunal

           Division 2 -- Issue of provisional improvement notices by safety and health representative  

   51AB.   Term used: qualified representative  
   51AC.   Provisional improvement notices, issue of  
   51AD.   Consultation required before notice issued  
   51AE.   Contents of notice  
   51AF.   Notices may include directions  
   51AG.   Failure to comply with notice  
   51AH.   Review of notice by inspector

   PART VIA -- Safety and health magistrates  

   51B.    Safety and health magistrates  
   51C.    Jurisdiction of safety and health magistrate  
   51E.    Administrative arrangements

   PART VIB -- Occupational Safety and Health Tribunal  

   51F.    Terms used  
   51G.    Industrial Relations Commission to be called Occupational Safety and Health Tribunal when exercising jurisdiction under this Act  
   51H.    Jurisdiction to be exercised by commissioner with requisite qualifications  
   51I.    Practice, procedure and appeals  
   51J.    Conciliation  
   51K.    Certain matters to be heard together

   PART VII -- Legal proceedings

           Division 1 -- General provisions  

   52.     Prosecutions  
   53.     Evidentiary provisions  
   54.     General penalty  
   54A.    Continuing offences  
   54B.    Appeals  
   55.     Offences by bodies corporate  
   55A.    No double jeopardy

           Division 2 -- Criminal proceedings against the Crown  

   55B.    Crown may be prosecuted  
   55C.    Prosecution against body corporate  
   55D.    Prosecution in other cases  
   55E.    Provisions applicable to responsible agency  
   55F.    Proceedings where agency has ceased to exist  
   55G.    Penalties in proceedings against Crown

           Division 3 -- Undertaking by offender in lieu of payment of fine  

   55H.    Terms used  
   55I.    Court may order offender to elect to pay fine or enter into undertaking  
   55J.    Making of election  
   55K.    Failure to enter into undertaking  
   55L.    Time for payment of fines  
   55M.    Nature and terms of undertaking  
   55N.    What may be included in undertaking  
   55O.    Effect of undertaking  
   55P.    Failure to comply with undertaking  
   55Q.    Amendment of undertaking  
   55R.    Undertaking may be published

   PART VIII -- Miscellaneous  

   56.     Discrimination  
   57.     Codes of practice  
   57A.    Visitors to workplaces to comply with directions  
   58.     Governor may transfer administration of certain laws to Minister  
   59.     Protection of Commissioner etc. from personal liability  
   60.     Regulations  
   61A.    Review of Commissioner’s decisions under regulations  
   61.      Review of Act
           SCHEDULE 1 -- Subject matter for regulations
           Compilation table