WHS transition arrangements

This information is designed to help WA organisations and their associated workforces (including volunteers) understand the new Work Health and Safety laws.

Amendments to Work Health and Safety (General) Regulations 2022 (WHS General Regulations) and Work Health and Safety (Mines) Regulations 2022 (WHS Mines Regulations) have extended the following transitional arrangements.

Asbestos at the workplace

New requirements: WHS General Regulations 2(a), 2(c) and WHS Mines Regulations 2(a), 2(c) delay commencement of certain new requirements.

Commencement date Subject WHS regulations
31 March 2024 Asbestos removal worker must be trained – specified VET courses regulation 460(1)
31 March 2024 Asbestos removal – Clearance inspection by licensed asbestos assessor (LAA) regulation 473(2A)
31 March 2024 Asbestos removal – Air monitoring by licensed asbestos assessor (LAA) regulation 475(2A)

 

Falls

WHS General Regulations 714, 722 provide transitional provisions relating to specific requirements to minimise risk of fall.

Transition end date Subject WHS General Regulation
30 March 2025 Falls from height – high risk construction work regulation 79

 

High risk work licence

WHS General Regulation 81; WHS Mines Regulation 81

Transition end date Subject WHS General Regulations WHS Mines Regulations
30 March 2024 Materials hoists  regulation 723 regulation 711
30 March 2024 Concrete placing booms regulation 724 regulation 712
30 March 2025 Reach stackers regulation 725 regulation 713

 

Reach stackers

The requirement for a person to hold a reach stacker (RS) class of high risk work licence (HRWL) to operate a reach stacker applies from 31 March 2025.

To continue operating a reach stacker after 31 March 2025 you will need to:

  • complete the ‘TLILIC0011 - Licence to operate a reach stacker (greater than 3 tonnes capacity)’ VET course,
  • be assessed as competent by an RS accredited assessor, and
  • apply for an RS class of high risk work licence, prior to 31 March 2025

High risk work assessors who would like to obtain an RS class of assessor accreditation will need to apply for an RS class of accreditation which includes a requirement to have an RS class of HRWL, and to provide evidence of at least three years’ experience operating a reach stacker.

WorkSafe Western Australia is supporting industry to transition to the RS requirement. Suitably experienced holders of a CN class of assessor may be granted an exemption from the requirement to hold a RS HRWL. To be granted the exemption the assessors will need to provide evidence that they have been training and assessing RS operation.

For details of this exemption, or questions about reach stacker HRWL requirements, please call 1300 424 091 or email wslicensing@dmirs.wa.gov.au

Will there be a transition period for businesses to adopt the new laws?

Yes, transitional arrangements are now in place where duties are new or substantially changed from previous requirements.

Part 16 of the Work Health and Safety Act 2020 provides transitional periods for matters ranging from the terms of health and safety representatives (HSRs), to manufacture and imports.

The approach taken is consistent with the transition principles agreed to by Safe Work Australia.

Transitional arrangements in WHS Regulations

The following transitional provisions apply from the commencement of the Work Health and Safety laws.

Work Health and Safety (General) Regulations 2022 – transitional and savings provisions

These transitional and saving measures apply from the commencement of the Work Health and Safety (General) Regulations 2022 (WHS General Regulations). Measures that transition or preserve existing arrangements in the Occupational Safety and Health Regulations 1996 (the OSH Regulations) or delay commencement of certain duties in the WHS General Regulations can be found in regulation 2 (Commencement) or Part 11.4 Transitional and savings provisions (transitional).

Work Health and Safety (Mines) Regulations 2022 – transitional and savings provisions

These transitional and saving measures apply from the commencement of the Work Health and Safety Act 2020 (WHS Act) and Work Health and Safety (Mines) Regulations 2022 (WHS Mines Regulations). Measures that transition or preserve existing arrangements in the Mines Safety and Inspection Regulations 1995 (the MSI Regulations) or delay commencement of certain duties in the WHS Mines Regulations can be found in regulation 2 (Commencement) or Part 11.4 Transitional and savings provisions (transitional).

Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 – transitional provisions

These transitional provisions apply from the commencement of the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 (WHS PAGEO Regulations). Measures that transition or preserve existing arrangements in the current Petroleum (Submerged Lands) (Diving Safety) Regulations 2007, Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 2007, Petroleum and Geothermal Energy Resources (Management of Safety) Regulations 2010, Petroleum (Submerged Lands) (Pipelines) Regulations 2007 and Petroleum Pipelines (Management of Safety of Pipeline Operations) Regulations 2010 or delay commencement of certain duties in the WHS PAGEO Regulations can be found in Part 6 (Transitional provisions).

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