WHS service providers

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When do the new WHS laws come into effect?

WA’s Work Health and Safety legislation is not expected to come into force until January 2022. This means that the current occupational, mines safety and petroleum safety legislation still applies.

Overviews of the new WHS Act and general regulations

Overview documents provide Information on the new WHS laws coming into effect in 2022. Guidance for mines and petroleum regulations will be released at a later date.

Overview of the Act Overview of the general regulations

This information is designed to help WA organisations and their associated workforces (including volunteers) prepare for the new Work Health and Safety laws. More information will be added as it becomes available.

A WHS service provider is a person conducting a business or undertaking (PCBU) that provides work health and safety services to another business or undertaking.

What are the duties of WHS service providers under the WHS Act?

WHS service providers must ensure, so far as is reasonably practicable, that the services are provided so that any relevant use of them at, or in relation to a workplace, will not put at risk the health and safety of people at the workplace. The duty applies only to services that could potentially pose a risk in the workplace. It will most commonly apply to WHS services provided to a PCBU and tailored to the circumstances of a particular workplace.

If the WHS service is incorrectly used, or not used for its intended purpose, by the recipient of the services (in other words, the service is not applied to its ‘relevant use’), the WHS service provider cannot be held responsible.

While it will depend on the circumstances, it is unlikely that general advice or training could be considered a WHS service.

Note: The provision of a WHS service does not relieve a PCBU of their duties under the WHS Act.

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