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.      The Commission  
   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 the Commission  
   14.     Functions of the Commission  
   14A.    Mining Industry Advisory Committee  
   15.     Advisory committees  
   16.     Annual report  
   17.     Staff to assist the Commission  
   18.     The Commissioner and the 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 section 19(1)  
   20.     Duties of employees  
   20A.    Breaches of section 20(1) or (3)  
   21.     Duties of employers and self-employed persons  
   21A.    Breaches of section 21  
   21B.    Duty placed on body corporate to which section 23D, 23E or 23F applies  
   21C.    Breaches of section 21B  
   22.     Duties of persons who have control of workplaces  
   22A.    Breaches of section 22(1)  
   23.     Duties of manufacturers etc.  
   23AA.   Breaches of section 23  
   23A.    Prohibited activities in prescribed areas  
   23B.    Breaches of section 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 section 23G  

           Division 5 -- Other duties  

   23I.    Notification of deaths, injuries and diseases  
   23J.    Breaches of section 23I  
   23K.    Duty to inform employee who reports a 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 the 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  
   33.     Functions of safety and health representatives  
   34.     Disqualification of safety and health representatives  
   35.     Certain 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.    Claim may be referred to the Tribunal  
   35D.    Remedies that may be granted  

           Division 2 -- Safety and health committees  

   36.     Terms used  
   37.     Employees to appoint representatives  
   38.     Obligation of employer to establish a safety and health committee  
   39.     Request for establishment of safety and health committee  
   39A.    Referral of question to Commissioner  
   39B.    Employer may establish a safety and health committee  
   39C.    How safety and health committee to be constituted  
   39D.    Commissioner may make determination in certain cases  
   39E.    Functions of committee may cover more than one workplace  
   39F.    Amendment of agreement and abolition of committee  
   39G.    Review of Commissioner’s decision  
   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.    Powers of restricted inspector  
   42C.    Certificate of appointment  
   43.     Powers  
   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.     Inspectors may issue improvement notices  
   49.     Inspectors may issue prohibition notices  
   50.     Notices may include directions  
   50A.    Notices may be issued to the Crown  
   51.     Review of notices  
   51AA.   Further power of Commissioner to cancel notice  
   51A.    Further review of notices  

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

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

   PART VIA -- Safety and health magistrates  

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

   PART VIB -- Occupational Safety and Health Tribunal  

   51F.    Terms used  
   51G.    Industrial Relations Commission sitting as the Occupational Safety and Health Tribunal  
   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 the Crown  

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

   55H.    Terms used  
   55I.    Court may allow offender to make election  
   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 comply with directions  
   58.     Governor may transfer administration of certain laws to Minister  
   59.     Liability of members  
   60.     Regulations  
   61.     Review of Act  
           SCHEDULE
           Compilation table