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WHS transition arrangements
This page is for:
BuilderBuilding practitionerBuilding surveyorBusiness / companyCooperativeDebt collectorDeveloperElectrical contractor / workerEmployee / workerEmployerEmployment agentGas workerGovernment sector employersHealth and safety representativeLicence holdersLimited partnershipsMine operatorMinerMotor industryMulticultural / multilingualNot for profitPainterPermit authorityPerson Conducting a Business or UndertakingPerson with disabilityPetroleum operatorPlumberProperty industryRetirement village owner / operatorSeniorSmall business and farmerTenantTradespersonTravel agentThis 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
Mining statutory position certification
The transition period to complete the mining statutory position certification is extended from 30 March 2025 to 30 March 2026.
Statutory positions
The transition period was set to end on 30 March 2025, but has now been extended to a four-year period that closes on 30 March 2026.
Under the Work Health and Safety (Mines) Regulations, statutory positions carry out specific functions at mining operations. These positions include site senior executives; exploration, underground, and quarry managers; electrical, underground, and statutory supervisors; mine air quality officers; and surveyors.
After this 2026 deadline, the person appointed must meet the eligibility criteria for their statutory position, including having passed any required examination. The extended transition period will ensure applicants can attend the relevant examination. To find out more about examination dates and mines statutory positions portal, visit What is the WHS Mines statutory positions portal (MSPP)?
In addition, individuals appointed to surveying statutory positions are now required to be certified in work health and safety risk management. This brings surveyors in line with other statutory positions. For more information on mining statutory positions visit: Mining statutory positions and certificates.
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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