Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Occupational Safety and Health
Act 1984 and includes the amendments made by the other written laws referred
to in the following table 1a, 3. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Occupational Health, Safety and Welfare
Act 1984 4 |
101 of 1984 |
19 Dec 1984 |
s. 1 and 2: 19 Dec 1984; |
|
Occupational Health, Safety and Welfare Amendment
Act 1987 |
43 of 1987 |
6 Jul 1987 |
s. 1 and 2: 6 Jul 1987; |
|
Occupational Health, Safety and Welfare Amendment Act
(No. 2) 1987 |
55 of 1987 |
3 Nov 1987 |
3 Nov 1987 (see s. 2) |
|
Reprint of the Occupational Health, Safety and Welfare
Act 1984 as at 23 Jan 1989 (includes amendments listed
above) |
|||
|
Occupational Health, Safety and Welfare Amendment
Act 1990 |
84 of 1990 |
17 Dec 1990 |
14 Jan 1991 |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
62 of 1994 |
7 Nov 1994 |
9 Dec 1995 (see s. 2 and Gazette
8 Dec 1995 p. 5935) |
|
|
Occupational Safety and Health Legislation Amendment
Act 1995 Pt. 2 5 |
30 of 1995 |
11 Sep 1995 |
1 Oct 1995 (see s. 2 and Gazette
15 Sep 1995 p. 4301) |
|
Reprint of the Occupational Safety and Health
Act 1984 as at 16 Nov 1995 (includes amendments listed
above) |
|||
|
Sentencing (Consequential Provisions) Act 1995
Pt. 55 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Industrial Relations Legislation Amendment and Repeal
Act 1995 s. 67(5) |
79 of 1995 |
16 Jan 1996 |
16 Jan 1996 (see s. 3(1)) |
|
Reprint of the Occupational Safety and Health
Act 1984 as at 15 May 1996 (includes amendments listed
above except those in the Sentencing (Consequential Provisions)
Act 1995) |
|||
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 56 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Occupational Safety and Health (Validation)
Act 1998 6, 7 |
63 of 1998 |
12 Jan 1999 |
12 Jan 1999 (see s. 2) |
|
Reprint of the Occupational Safety and Health
Act 1984 as at 22 Mar 1999 (includes amendments listed
above) |
|||
|
Occupational Safety and Health Amendment
Act 2002 8 |
54 of 2002 |
3 Jan 2003 |
s. 8: 3 Jan 2003
(see s. 2(2)); |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 87 9 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Occupational Safety and Health Legislation Amendment and
Repeal Act 2004 10, 11, 12 |
51 of 2004 |
12 Nov 2004 |
s. 1 and 2:
12 Nov 2004; |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Mines Safety and Inspection Amendment Act 2004
s. 94 |
68 of 2004 |
8 Dec 2004 |
4 Apr 2005 (see s. 2(1) and Gazette
11 Feb 2005 p. 695) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 78 and 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 5: The Occupational Safety and Health
Act 1984 as at 24 Jun 2005 (includes amendments listed
above except those in the Occupational Safety and Health Legislation
Amendment and Repeal Act 2004 s. 65, 66 and 68) |
|||
|
Petroleum Legislation Amendment and Repeal
Act 2005 s. 50 |
13 of 2005 |
1 Sep 2005 |
15 May 2010 (see s. 2(2) and Gazette 14 May 2010
p. 2015) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Petroleum Amendment Act 2007
s. 101 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 13 (see s. 2(b) and
|
|
Police Amendment Act 2008 s. 15 and
s. 23(5) |
8 of 2008 |
31 Mar 2008 |
s. 15: 1 Apr 2008 (see
s. 2(1)); |
|
Training Legislation Amendment and Repeal
Act 2008 s. 57 |
44 of 2008 |
10 Dec 2008 |
10 Jun 2009 (see s. 2(2)) |
|
Reprint 6: The Occupational Safety and Health
Act 1984 as at 19 Dec 2008 (includes amendments listed
above except those in the Occupational Safety and Health Legislation
Amendment and Repeal Act 2004 s. 65, 66 and 68, the Petroleum
Legislation Amendment and Repeal Act 2005, the Petroleum Amendment
Act 2007 and the Training Legislation Amendment and Repeal
Act 2008) |
|||
|
Acts Amendment (Bankruptcy) Act 2009 s.
60 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Occupational Safety and Health Legislation Amendment Act
2009 Pt. 2 |
36 of 2009 |
3 Dec 2009 |
s. 3-10, 14 and 16: 4 Dec 2009 (see s.
2(d)); |
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Reprint 7: The Occupational Safety and Health
Act 1984 as at 7 Jan 2011 (includes amendments listed
above) |
|||
|
Industrial Legislation Amendment Act 2011
Pt. 7 |
53 of 2011 |
11 Nov 2011 |
1 Apr 2012 (see s. 2(b) and Gazette
16 Mar 2012 p. 1246) |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
19 of 2010 |
28 Jun 2010 |
To be proclaimed (see s. 2(b)) |
2 Now see the Workplace Relations Act 1996 of the
Commonwealth.
3 A reference to the Petroleum Safety Act 1999 is
not included in the table because that Act was repealed before the amendments in
Sch. 2 to that Act came into operation. The repeal was made by the Petroleum
Legislation Amendment and Repeal Act 2005 s. 51.
4 Now known as the Occupational Safety and Health
Act 1984; short title changed (see note under s. 1).
5 The Occupational Safety and Health Legislation Amendment
Act 1995 s. 49 and 50 are transitional provisions that are of no
further effect.
6 The Occupational Safety and Health (Validation)
Act 1998 s. 4 reads as follows:
4. Validation
(1) In this section —
Commissioner means —
(a) the Commissioner for Occupational Health, Safety and Welfare within
the meaning of the Occupational Health, Safety and Welfare Act 1984
as in force before 1 October 1995; or
(b) the WorkSafe Western Australia Commissioner within the meaning of the
Occupational Safety and Health Act 1984 as in force on and from
1 October 1995.
(2) No act, matter or thing done before 8 October 1996
—
(a) by or in respect of William Neil Bartholomaeus; or
(b) under the direction, authority or control or purported direction,
authority or control of, or pursuant to a delegation or purported delegation
made by, William Neil Bartholomaeus,
in his capacity or purported capacity as Commissioner is, or ever has
been, invalid by reason that there was a defect in his appointment as
Commissioner, or that he had not been appointed at all.
(3) Each act, matter or thing referred to in subsection (2) is, and
always has been, as valid, and effective and authorised by the principal Act as
it would have been if William Neil Bartholomaeus had been duly appointed as
Commissioner at the time the act, matter or thing was done, the direction,
authority or control exercised or the delegation made.
7 The Occupational Safety and Health (Validation)
Act 1998 s. 5(2) reads as follows:
(2) Section 52(3) of the Occupational Safety and Health
Act 1984, as inserted by subsection (1), applies in respect of an
offence committed against that Act before the commencement of
subsection (1) despite the fact that the time for commencing proceedings
for that offence expired before the commencement of
subsection (1).
8 The Occupational Safety and Health Amendment
Act 2002 s. 8 is a transitional provision that is of no further
effect.
9 The Statutes (Repeals and Minor
Amendments) Act 2003 s. 87(6) is a savings provision that is of no
further effect.
10 The Occupational Safety and Health Legislation Amendment
and Repeal Act 2004 s. 44 is a savings provision that is of no
further effect.
11 The Occupational Safety and Health Legislation Amendment
and Repeal Act 2004 s. 51 reads as follows:
51. Savings and transitional provisions for existing safety and health
committees
(1) The repeal of section 37 of the Occupational Safety and Health
Act 1984 (the OSH Act) by section 50 does not affect
the status of a safety and health committee that is in existence under the OSH
Act immediately before that repeal.
(2) Any such committee is to be taken, after the commencement of
section 50, to have been established under section 38 or 39B of the
OSH Act inserted by section 50, as the case may be.
(3) If before the commencement of section 50 —
(a) a request was made in respect of a workplace under section 36(1)
of the OSH Act repealed by section 50; but
(b) a safety and health committee had not been established for the
workplace under section 37 of the OSH Act so repealed,
the duty of the employer under section 37 of the OSH Act to
establish a safety and health committee for the workplace lapses on that
commencement.
12 The Occupational Safety and Health Legislation Amendment
and Repeal Act 2004 Pt. 6 Div. 3 reads as follows:
Division 3 — Transitional
provisions
71. Existing referrals to safety and health magistrate
(1) A matter referred to a safety and health magistrate under the
Occupational Safety and Health Act 1984 and not finally determined
before the commencement of section 65 —
(a) may continue to be dealt with; and
(b) any order made in such a proceeding may be appealed against or
enforced,
as if that section and section 68 had not been enacted.
(2) A determination or decision of a safety and health magistrate made
before the commencement of section 65 may be the subject
of —
(a) an application for leave to appeal under section 54B(2) of the
Occupational Safety and Health Act 1984 repealed by section 68;
and
(b) an appeal for which leave is granted under
section 54B(2),
as if section 68 had not been enacted.
72. Appeal proceedings in progress
(1) An application for leave to appeal made under section 54B(2) of
the Occupational Safety and Health Act 1984 but not finally
determined before the commencement of section 68, and an appeal for which
leave is granted on such an application, may be dealt with and determined as if
that section had not been enacted.
(2) An appeal brought under section 54B(2) of the Occupational
Safety and Health Act 1984 but not finally determined before the
commencement of section 68, may be dealt with and determined as if that
section had not been enacted.
13 This amendment took effect on 15 May 2010 when the
Petroleum Legislation Amendment and Repeal Act 2005 s. 50 came into
operation, see Gazette 14 May 2010 p. 2015.
14 On the date as at which this compilation was prepared, the
Standardisation of Formatting Act 2010 s. 4 had not come into
operation. It reads as follows:
4. Schedule
headings reformatted
(1) This section amends the Acts listed in the Table.
(2) In each Schedule listed in the Table:
(a) if there is a title set out in the Table for the Schedule —
after the identifier for the Schedule insert that title;
(b) if there is a shoulder note set out in the Table for the
Schedule — at the end of the heading to the Schedule insert that
shoulder note;
(c) reformat the heading to the Schedule, as amended by
paragraphs (a) and (b) if applicable, so that it is in the current
format.
|
Act |
Identifier |
Title |
Shoulder note |
|---|---|---|---|
|
Schedule |
|
[s. 60(5)] |
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
a
workplace 33(4), 35(1a)
activity 49(7)(b)
additional
employees 30C(1)
affected person 51AH(1)
agent 23F(1)
allowed
period 36(1)
appointed member 3(1)
apprentice 3(1)
Australian
Standard 3(1)
Australian/New Zealand Standard 3(1)
authorised
person 57A(1)
business 23C
business of a self-employed
person 23I(1)
business of an employer 23I(1)
chairperson 3(1)
Chief
Commissioner 51F
chief executive 55E(1)
client 23F(2)
code of
practice 3(1)
Commission 3(1), 51F
Commissioner 3(1)
Commissioner of
Police 3(1)
committee 14A(1)
conduct 57A(1)
consult 51AD(1)
consultation
party 36(1)
consulting parties 30A(1)
contractor 23D(1), 30B(1),
35B(1)
convicted 55H
court 55H
covert operation 4A(1)
dangerous
operation 4A(1)
department 3(1)
disentitled
employee 28A(1)
election 31(1)
employee 3(1), 41A, 47A,
57A(1)
employees 19(1)
employer 3(1), 41A,
47A
entitlements 35(3a)
hazard 3(1)
import 3(1)
improvement
notice 3(1)
inspector 3(1)
matter 51F
mining
industry 14A(1)
Minister for
Mines 14A(1)(b)
Ministers 14A(1)
offender 55I(1)(a)
person mentioned in
subsection (1)(a) 23E(1)(a)
plant 3(1)
practicable 3(1)
prescribed
law 3(1)
prescribed requirements 36(1)
principal 23D(1), 30B(1),
35B(1)
prohibition notice 3(1)
prosecution
proceedings 55E(1)
provisional improvement notice 3(1)
public
authority 23C
qualified representative 51AB
relevant 45(1)
relevant
day 3B(1)
relevant employee 31(1), 34(5)
relevant offence 55H
relevant
parties 39F(1)
relevant procedure 24(2)
residential
premises 23G(1)
responsible agency 55D(1)(a)
responsible
person 23L(2)(d)
review notice 51AH(2)
reviewable
decision 61A(1)
risk 3(1)
safety and health committee 3(1)
safety and
health magistrate 3(1)
safety and health representative 3(1)
safety and
health representative for a workplace 36(2)
safety and health representative
for the workplace 36(2)
scheme 30B(2)
self-employed
person 3(1)
specified 55N(1)
successor in law 55F(1),
55G(1)
supply 3(1)
that workplace 33(4)
the workplace 33(4),
35(1a)
trade union 3(1)
transferred law 3(1)
Tribunal 3(1), 51G(2)
visitor 57A(2)(a)
WA
Police 3(1)
worker 23E(1)(a), 23F(1)
workplace 3(1), 23L(1), 39C(1),
40(1), 43(1a),
49(7)(a)(i)