Industrial Relations Regulations Amendment (Work Health and Safety) Regulations 2022 (WA)
6002 GOVERNMENT GAZETTE, WA 23 December 2022
INDUSTRIAL RELATIONS
IR301
Work Health and Safety Act 2020
Industrial Relations Regulations Amendment
(Work Health and Safety) Regulations 2022
SL 2022/214
These regulations come into operation as follows —
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Industrial Relations Regulations
Amendment (Work Health and Safety) Regulations 2022.
2. Commencement
23 December 2022 GOVERNMENT GAZETTE, WA 6003
(a) Part 1 on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations on the day after that day. Part 2 - Work Health and Safety (General)
Regulations 2022 amended
3. Regulations amended
This Part amends the Work Health and Safety (General)
Regulations 2022.4. Regulation 5 amended
(1) In regulation 5 insert in alphabetical order: psychosocial hazard has the meaning given in
regulation 55A;
psychosocial risk has the meaning given inregulation 5513;
(2) In regulation 5 in the definition of medical examination notice:
(a) delete "Division 11," and insert: Division 12,
(b) delete "regulation 55A;" and insert: regulation 55E;
5. Part 3.2 Division 11 replaced
Delete Part 3.2 Division 11 and insert: Division 11 Psychosocial risks
55A. Meaning of psychosocial hazard A psychosocial hazard is a hazard that
(a) arises from, or relates to (i) the design or management of work; or
(ii) a work environment; or
(iii) plant at a workplace; or
(iv) workplace interactions or behaviours;
and
(b) may cause psychological harm (whether or not
it may also cause physical harm).
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55B. Meaning of psychosocial risk A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial hazard.
55C. Managing psychosocial risks A person conducting a business or undertaking must manage psychosocial risks in accordance with Part 3.1 other than regulation 36.
551) . Control measures (1A) In this regulation
workers' accommodation means premises to which
section 19(4) of the Act applies.
(1) A person conducting a business or undertaking must
implement control measures
(a)
to eliminate psychosocial risks so far as is reasonably practicable; and
(b)
if it is not reasonably practicable to eliminate psychosocial risks to minimise the risks so far as is reasonably practicable.
(2) In determining the control measures to implement, the
person must have regard to all relevant matters,
including
(a) the duration, frequency and severity of the
exposure of workers and other persons to the
psychosocial hazards; and(b) how the psychosocial hazards may interact or
combine; and(c) the design of work, including job demands and
tasks; and
(d) the systems of work, including how work is
managed, organised and supported; and(e) the design and layout, and environmental
conditions, of the workplace, including the
provision of—(i) safe means of entering and exiting the workplace; and
(ii) facilities for the welfare of workers;
and
(f)
the design and layout, and environmental conditions, of workers' accommodation: and
(g)
the plant, substances and structures at the workplace; and
(h) workplace interactions or behaviours; and
23 December 2022 GOVERNMENT GAZETTE, WA 6005
(i) the information, training, instruction and
supervision provided to workers.
(3) [not used] Note for this regulation: WHS Act - section 19 (see regulation 9).
Division 12 - Directed medical examinations
55E. Meaning of medical examination notice In this Division
medical examination notice has the meaning given in
regulation 55F(1).55F. Regulator may direct medical examination of
workers(1) The regulator may, by written notice (a medical
examination notice), direct a person conducting a
business or undertaking to arrange, at the expense of
the person and within the time specified in the notice, a
medical examination of a worker whose name is
specified in the notice.(2) The medical examination notice must specify the
purpose of the proposed medical examination.Note for this regulation: A decision to issue a medical examination notice is a reviewable decision (see regulation 676).
55G. Worker to choose registered medical practitioner (1) The regulator must ensure that, before the medical
examination is conducted, the worker is advised of the
nature of, and the reasons for, the medical examination
purposes of making a choice in the selection of a so that the worker is sufficiently informed for the registered medical practitioner.
(2) For the purposes of selecting a registered medical
practitioner to conduct the medical examination, the
person conducting the business or undertaking must
consult with the worker and give the worker a
reasonable choice in the selection of the registered
medical practitioner.55H. Person conducting business or undertaking must
comply with medical examination notice
(1) A person conducting a business or undertaking must
comply with a medical examination notice.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
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(b) for a body corporate, a fine of $21000.
(2) It is a defence to a charge of an offence under
subregulation (1) to prove that the worker who is the
subject of the medical examination notice does not
(a)
agree to the selection of the registered medical practitioner; or
(b) consent to undergoing the examination.
551. Duties of registered medical practitioner conducting
examination(1) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must explain any test results to the
worker and give a copy of the test results to the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21000.
(2) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must give a copy of any medical
report based on the test results or medical examination
to the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21000.
(3) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must give a copy of the test results
to the regulator.
Penalty for this subregulation: (a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21000.
(4) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must, on the written request of the
examined worker, give the registered medical
practitioner's findings on the examination to another
registered medical practitioner who has been
nominated by the examined worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21 000.
23 December 2022 GOVERNMENT GAZETTE, WA 6007
55J. Regulator must inform person conducting business
or undertakingThe regulator must inform the person conducting a business or undertaking who arranged a medical examination for the purposes of a medical examination notice of—
(a) the outcome of the medical examination; and (b) any need for remedial action.
55K. Person conducting business or undertaking must
ensure confidentiality of medical examination
results
A person conducting a business or undertaking must
ensure that the results of a medical examination
conducted for the purposes of a medical examination
notice are treated as confidential records.Penalty:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21000.
6. Regulation 676 amended
In regulation 676(1) in the Table in item 1A delete "r. 55B -" and insert:
r. 55F—
Part 3 - Work Health and Safety (Mines)
Regulations 2022 amended
7. Regulations amended
This Part amends the Work Health and Safety (Mines)
Regulations 2022.8. Regulation 5 amended
(1) In regulation 5 insert in alphabetical order: psychosocial hazard has the meaning given in
regulation 55A;
psychosocial risk has the meaning given in
regulation 5513;
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(2) In regulation 5 in the definition of medical examination notice:
(a) delete "Division 11," and insert: Division 12,
(b) delete "regulation 55A;" and insert: regulation 55E;
9. Part 3.2 Division 11 replaced
Delete Part 3.2 Division 11 and insert:
Division 11 - Psychosocial risks
55A. Meaning of psychosocial hazard A psychosocial hazard is a hazard that
(a) arises from, or relates to (i) the design or management of work; or
(ii) a work environment; or
(iii) plant at a workplace; or
(iv) workplace interactions or behaviours;
and
(b) may cause psychological harm (whether or not
it may also cause physical harm).
55B. Meaning of psychosocial risk A psychosocial risk is a risk to the health or safety of a worker or other person arising from a psychosocial
hazard. 55C. Managing psychosocial risks A person conducting a business or undertaking must manage psychosocial risks in accordance with Part 3.1 other than regulation 36.
55D. Control measures (1A) In this regulation
workers' accommodation means premises to which
section 19(4) of the Act applies.
(1) A person conducting a business or undertaking must
implement control measures
(a) to eliminate psychosocial risks so far as is
reasonably practicable; and
23 December 2022 GOVERNMENT GAZETTE, WA 6009
(b) if it is not reasonably practicable to eliminate
psychosocial risks to minimise the risks so far as is reasonably practicable.
(2) In determining the control measures to implement, the
person must have regard to all relevant matters,
including
(a) the duration, frequency and severity of the
exposure of workers and other persons to the
psychosocial hazards; and(b) how the psychosocial hazards may interact or
combine; and(c) the design of work, including job demands and
tasks; and(d) the systems of work, including how work is
managed, organised and supported; and(e) the design and layout, and environmental
conditions, of the workplace, including the
provision of—(i) safe means of entering and exiting the workplace; and
(ii) facilities for the welfare of workers;
and
(f)
the design and layout, and environmental conditions, of workers' accommodation; and
(g) the plant, substances and structures at the
workplace; and(h) workplace interactions or behaviours; and (i) the information, training, instruction and
supervision provided to workers.
(3) [not used]
Note for this regulation: WHS Act - section 19 (see regulation 9).
Division 12 - Directed medical examinations
55E. Meaning of medical examination notice In this Division
medical examination notice has the meaning given in
regulation 55F(1).
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55F. Regulator may direct medical examination of
workers(1) The regulator may, by written notice (a medical
examination notice), direct a person conducting a
business or undertaking to arrange, at the expense of
the person and within the time specified in the notice, a
medical examination of a worker whose name is
specified in the notice.(2) The medical examination notice must specify the
purpose of the proposed medical examination.Note for this regulation: A decision to issue a medical examination notice is a reviewable decision (see regulation 676).
55G. Worker to choose registered medical practitioner
(1) The regulator must ensure that, before the medical
examination is conducted, the worker is advised of the
nature of, and the reasons for, the medical examination
so that the worker is sufficiently informed for the
purposes of making a choice in the selection of a
registered medical practitioner.(2) For the purposes of selecting a registered medical
practitioner to conduct the medical examination, the
person conducting the business or undertaking must
consult with the worker and give the worker a
reasonable choice in the selection of the registered
medical practitioner.55H. Person conducting business or undertaking must
comply with medical examination notice
(1) A person conducting a business or undertaking must
comply with a medical examination notice.
Penalty for this subregulation: (a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21000.
(2) It is a defence to a charge of an offence under
subregulation (1) to prove that the worker who is the
subject of the medical examination notice does not
(a)
agree to the selection of the registered medical practitioner; or
(b) consent to undergoing the examination.
23 December 2022 GOVERNMENT GAZETTE, WA 6011
551. Duties of registered medical practitioner conducting
examination(1) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must explain any test results to the
worker and give a copy of the test results to the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21000.
(2) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must give a copy of any medical
report based on the test results or medical examination
to the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21000.
(3) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must give a copy of the test results
to the regulator.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21000.
(4) A registered medical practitioner who conducts a
medical examination for the purposes of a medical
examination notice must, on the written request of the
examined worker, give the registered medical
practitioner's findings on the examination to another
registered medical practitioner who has been
nominated by the examined worker. Penalty for this subregulation: (a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21000.
55J. Regulator must inform person conducting business
or undertakingThe regulator must inform the person conducting a business or undertaking who arranged a medical examination for the purposes of a medical examination notice of—
(a) the outcome of the medical examination; and (b) any need for remedial action.
6012 GOVERNMENT GAZETTE, WA 23 December 2022
55JA. Person conducting business or undertaking must
inform mine operator
(1) This regulation applies if —
(a)
the person conducting a business or undertaking at a mine arranged a medical examination for the purposes of a medical examination notice; and
(b)
the person conducting the business or undertaking is not the mine operator of the mine
(2) The person conducting the business or undertaking
must inform the mine operator of the mine of —
(a) the outcome of the medical examination; and (b) any need for remedial action. Penalty for this subregulation:
(a) for an individual, a fine of $7 000; (b) for a body corporate, a fine of $35 000.
55K. Person conducting business or undertaking must
ensure confidentiality of medical examination
resultsSubject to regulation 55JA, a person conducting a business or undertaking must ensure that the results of a medical examination conducted for the purposes of a medical examination notice are treated as confidential records.
Penalty:
(a) for an individual, a fine of $4 200; (b) for a body corporate, a fine of $21 000.
10. Regulation 676 amended
In regulation 676(1) in the Table in item 1A delete "r. 55B —" and insert:
r. 55F —
N. HAGLEY, Clerk of the Executive Council.
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