The meeting minutes discussed an overview of current WHS laws in Western Australia, duties and obligations under the laws, and the functions of the WHS regulator. Key points included duties of individuals like PCBUs and workers, as well as the regulator's inspection and enforcement powers. An action plan was made to continue discussing these topics.
The meeting minutes discussed an overview of current WHS laws in Western Australia, duties and obligations under the laws, and the functions of the WHS regulator. Key points included duties of individuals like PCBUs and workers, as well as the regulator's inspection and enforcement powers. An action plan was made to continue discussing these topics.
The meeting minutes discussed an overview of current WHS laws in Western Australia, duties and obligations under the laws, and the functions of the WHS regulator. Key points included duties of individuals like PCBUs and workers, as well as the regulator's inspection and enforcement powers. An action plan was made to continue discussing these topics.
The meeting minutes discussed an overview of current WHS laws in Western Australia, duties and obligations under the laws, and the functions of the WHS regulator. Key points included duties of individuals like PCBUs and workers, as well as the regulator's inspection and enforcement powers. An action plan was made to continue discussing these topics.
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Meeting Minutes Date: 14/02/2024 Start time: 10:00 am Location: Perth Steel Engineering and Fabrication End time: 11:30 am Chair: Kirpal Minute taker: Purpose: Discuss WHS Legal Compliance Attendance Name Signature Apologies Gerald Gerald Halvorsen Michael Michael Tony Tony Jessica Jessica Lena Lena John John Aron Aron Discussion points Discussion led by Overview of Current WHS Laws and Legislation
Gerald provided an overview of the current Work Health and Safety (WHS) laws applicable in Western Australia, which are the Work Health and Safety Act 2020 (WHS Act) and the Work Health and Safety (General) Regulations 2022.
The key reference materials and locations were shared:
• Work Health and Safety Act 2020 Gerald
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_16711_homepage.html • Work Health and Safety (General) Regulations 2022 https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_16888_homepage.html
Gerald explained that the object of the WHS Act is to protect the health and safety of workers and other people by eliminating or minimizing risks arising from work. The principles of the Act include ensuring fair and effective workplace representation, consultation, cooperation, and issue resolution.
Understanding WHS Duties, Rights, and Obligations
Michael outlined the duties, rights, and obligations of individuals and parties as specified in the WHS laws: Michael • Duties of a Person Conducting a Business or Undertaking (PCBU): Ensure the health and safety of workers and others affected by the work (Section 19). • Duties of Officers: Exercise due diligence to ensure the PCBU complies with its duties (Section 27). • Duties of Workers: Take reasonable care for their own health and safety, and that of others, and comply with reasonable instructions (Section 28). • Rights of Workers: Issue resolution processes, consultation, and participation in WHS matters (Sections 16, 18, and 26).
Michael emphasized the importance of understanding and fulfilling these duties and obligations to ensure compliance with WHS laws and maintain a safe workplace.
Functions and Powers of the WA WHS Regulator
Tony discussed the functions and powers of the WHS regulator in Western Australia, which is the WorkSafe Division of the Department of Mines, Industry Regulation and Safety.
The regulator has the authority to:
• Conduct inspections and audits (Section 163) Tony • Issue improvement notices and prohibition notices (Sections 191 and 195) • Investigate incidents and potential breaches (Section 155) • Initiate prosecutions for non-compliance (Section 230)
Tony advised that cooperating with the regulator and ensuring compliance with any notices or directives is crucial to avoid penalties or legal consequences.
Q&A Session Kirpal Kirpal opened the floor for questions and clarifications.
Action plan Action Responsible person Target date Overview of Current WHS Laws and Legislation Gerald On Going Understanding WHS Duties, Rights, and Obligations Michael On Going Functions and Powers of the WA WHS Regulator Tony On Going
Next Meeting Date: 10/05/2024 Time: 10:00 am Location: Perth Steel Engineering and Fabrication meeting room
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