Understanding the WHS Act

Understanding & Complying with the WHS Act (WA) 2020

Understanding the complexities of workplace health and safety laws can be an overwhelming task. For businesses in Western Australia, complying with the Workplace Health and Safety Act 2020 is crucial to protect employees from both physical and psychosocial injury and harm, and ensure a safe, productive work environment.

Our goal is to equip Business Owners and Operators, People Leaders, Health & Safety and HR Managers with the knowledge and support they need to operate a compliant workplace and foster a positive safety culture. Join us as we unravel the intricacies of the Workplace Health and Safety Act 2020 (the Act) to build a model of compliance for your organisation which avoids the significant potential penalties of fines and imprisonment.

Insights to the Workplace Health and Safety Act 2020

The Workplace Health and Safety Act (WA) 2020 sets the standard for safety practices of workplaces in Western Australia, and aligns WA with the national model WHS laws.  At its core, the Act outlines the health, safety and wellbeing responsibilities of Persons Conducting a Business or Undertaking (PCBU) which are business owners, managers and those considered in charge. These include maintaining safe workspaces, providing adequate training, ensuring that equipment is safe and correctly maintained, and undertaking the due diligence required to monitor these issues.

By laying down clear guidelines and minimum standards for PCBUs, the Act ensures that workplaces are as safe as possible and ‘reasonably practicable’ (see Box 1).   Failure to comply can lead to severe consequences, highlighting the importance of understanding this legislation.
At WCA Solutions, we assist clients to measure performance against key aspects of the Act, and develop bespoke solutions for ongoing operational compliance.  Our “10 Checkpoints” are below:

1. Duty of Care: PCBUs must commit to taking responsibility for the proactive management of risks to safety, health and wellbeing
2. Risk Assessment: Regular evaluations of potential hazards are mandatory.
3. Consultation: PCBUs must involve workers in safety discussions and ensure coordination with other affected PCBUs to meet joint safety responsibilities.
4. Worker Duties & Training: Ensure that workers are properly trained and supervised.
5. Incident notification: There is a process to notify the Regulator of serious injury, illness or dangerous incidents.
6. Duties of Officers: Directors and Senior Managers are exercising due diligence to ensure compliance.
7. Plant, Structures & Substances: are fit for purpose, safe, and maintained.
8. Work Environment & Facilities: Adequate workplace layout and conditions, amenities, and emergency plans and procedures
9. Records & Documentation: Systems are in place
10. Industry-specific Regulations: Compliance with the WHS Regulations 2022 under the forms of General, Mines, or Petroleum & Geothermal Energy Operations.

Box 1: Terminology

“As low as reasonably practicable” (ALARP): A concept related to the Hierarchy of Controls.  If elimination is not possible, the risk must be minimised to the lowest level reasonably achievable, taking into account:

• the likelihood of the hazard or risk occurring,
• the degree of harm that might result,
• what the person knows or ought reasonably to know about the hazard or risk and ways of eliminating or minimising it,
• the availability and suitability of ways to eliminate or minimise the risk, and
• the cost of doing so, weighed against the risk

(Reference: DEMIRS Information Sheet)

Enforcement by WorkSafe WA

The WHS Act empowers the WA Department of Energy, Mines, Industry Regulation & Safety (DEMIRS) to enforce workplace safety laws, with WorkSafe WA acting as the Regulator. WorkSafe Officers conduct inspections and investigations to identify risks and enforce compliance, including issuing penalties for breaches.

Beyond enforcement, WorkSafe WA also provides guidance, resources, and training to help businesses meet their legal obligations. This dual approach—combining regulation with education—supports a safer work environment and helps organisations proactively manage risks, ensuring compliance with the WHS Act and preventing workplace incidents across Western Australia.

The Impact of Non-Compliance on Businesses

The Workplace Health and Safety Act 2020 imposes various penalties for non-compliance, which serve as a deterrent to reckless behavior in the workplace. However there are also negligent and unintentional causes of non-compliance with the Act which can have severe consequences for businesses.  WCA Solutions is here to help you avoid these potential pitfalls.

Corporations face harsher penalties than individuals, however in both cases, severe violations attract large fines and possible imprisonment.

• Financial penalties can be significant and can strain resources, affecting a company’s financial viability.
• Non-compliance can affect a company’s reputation and brand through negative media attention. This has the potential to deter clients and harm employee morale.
• Additionally, breaches may lead to operational disruptions. Work stoppages and legal battles consume time and divert focus from core business activities.

In combination, these factors make compliance not just a legal necessity but a strategic imperative.

Proactive Compliance Measures

To avoid penalties under the Act, businesses must be proactive in anticipating and controlling risks before they lead to injuries, incidents or breaches of the Act. Cultivating a safety-first mindset is essential, from Board Governance (see our article here) to risk competency of front-line workers.

Businesses should regularly review and update the safety protocols within their operating procedures.  This includes keeping abreast of legislative changes, technological investments, and lessons learned from incident investigations.

Investing in safety technology can greatly enhance compliance efforts and operational efficiencies. Advanced tools offer real-time data and analysis to detect potential hazards and close compliance gaps. By leveraging these technologies, organizations can maintain a safe and compliant workplace.

1. The Importance of Regular Risk Assessments
   

   Organisational procedures for identifying, assessing, controlling and reviewing hazards on the macro (organisational) and micro (project or task) scale are crucial for workplace safety.  By consistently evaluating risks, businesses can identify potential hazards before they cause harm, which improves safety outcomes and minimises the likelihood of costly non-conformances.

2. Developing Robust Health and Safety Management Systems
   

   A strong health and safety management system is key to compliance as it integrates safety practices into everyday operations.  Using a risk-based approach (outlined above) ensures critical activities receive priority focus.

   Such systems involve clear policies endorsed by Officers, consultative safety meetings, incident reporting and ongoing training and development of personnel.  Registers of procedural records build data and evidence for Officers to analyse trends and make investment decisions.

   These elements ensure that safety remains a top priority, and the structured approach significantly reduces overall risks, including non-compliance.

3. Training and Education of Safety Protocols

   Training is essential for effective safety compliance, and applies to Officers (due diligence obligations), operational management (safety coaching) and frontline personnel (risk competency).  Personnel must understand their role-specific safety responsibilities, and understand task-specific safety protocols in order to prevent incidents. Regular training maintains focus on dynamic organisational hazards, current safety practices, fostering a safer work environment.

4. The Role of Leaders in Safety Compliance
   

   Organisational leaders including business owners, Directors, Supervisors, HR and HSEQ Managers play critical roles in promoting safety compliance through championing an organisational culture which is safety positive, proactive with improvements, and open in reporting.  Example behaviours include:

   • Management commitment to health, safety and wellbeing principles in Policy documents
   • Taking a Just Culture (system-focused) approach to investigating and sharing lessons learned from near-misses and other incidents
   • Vigilantly reviewing data and indicators to determine if the safety system is working as designed, assess its effectiveness, and identify where improvements can be made to further reduce safety risks to “as low as reasonably practicable”.

Leaders must champion a culture of safety. Their support and example encourage all employees to prioritise workplace health and safety.

Conclusion: The Importance of Compliance and Proactive Safety Measures

Understanding and complying with the WHS Act (WA) 2020 is not only a legal requirement but a strategic imperative for all businesses operating in Western Australia. The Act establishes clear responsibilities for PCBUs and Officers, with serious consequences for non-compliance, including fines, reputational damage, and even imprisonment.

However, compliance should be viewed not just as a means to avoid penalties, but as an opportunity to foster a culture of safety, protect workers, and enhance operational resilience. By adopting a proactive, systems-based approach—underpinned by leadership, risk assessment, and continuous improvement—organisations can create safer workplaces and align with best practice standards.

WCA Solutions supports businesses in navigating these obligations, building effective health and safety frameworks that ensure long-term compliance, employee wellbeing, and sustained business performance.  Reach out to us today for an exploration discussion of our health, safety and human resource management services.