Occupational Safety and Health Tribunal

The Occupational Safety and Health Tribunal is a specialised tribunal within the Western Australian Industrial Relations Commission to assist in the resolution of specified workplace health and safety issues under the Occupational Safety and Health Act 1984 (the OSH Act).

What is the Occupational Safety and Health Tribunal?

The Occupational Safety and Health Tribunal (the Tribunal) assists in the resolution of some workplace safety and health issues under Western Australia's occupational safety and health laws. 

The specific matters that can be referred to the Tribunal include: 

  • issues relating to the setting up of safety and health representatives or an election scheme for safety and health representatives that the WorkSafe Western Australia Commissioner has been unable to resolve;
  • a question relating to the election process of safety and health representatives unable to be resolved by the WorkSafe Western Australia Commissioner to the satisfaction of the parties concerned; 
  • a question as to whether a safety and health representative should be disqualified; 
  • a determination of entitlements to time off work with pay or the payments for attendance at a course of training in the safety and health representative's own time; 
  • a discrimination claim by a safety and health representative; 
  • a question on whether a safety and health committee should be established;
  • a dispute over the entitlement of an employee to wages and conditions where they ceased work under the refusal to work provisions; 
  • further review of the WorkSafe Western Australia Commissioner’s decision following an appeal of an inspector’s improvement or prohibition notice; 
  • further review of the WorkSafe Western Australia Commissioner’s decision following an appeal of an inspector’s decision to affirm a provisional improvement notice with or without modifications; and
  • a review of a decision made under the Occupational Safety and Health Regulations 1996 (the regulations) by the WorkSafe Western Australia Commissioner or a determination by the WorkSafe Western Australia Commissioner on the review, under the regulations, of a decision made under the regulations.

Prosecutions continue to be dealt with in the Magistrates Court of Western Australia.

How do I access the Occupational Safety and Health Tribunal?

The Tribunal shares a website, reception counter, and hearing rooms with the Western Australian Industrial Relations Commission which is located at:

16th Floor, 111 St George's Terrace,
PERTH, WA 6000.
Telephone (08) 9420 4444 - Free call 1800 624 263
Fax 9420 4500. 

A matter is referred to the Tribunal by completion of a Notice of Referral to the Occupational Safety and Health Tribunal, which can be obtained directly from the Western Australian Industrial Relations Commission by phone or fax or downloaded from the website.

How do I get more information?

The Tribunal has a section on the website of the Western Australian Industrial Relations Commission

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