Transport Regulations Amendment (Work Health and Safety) Regulations 2022 (WA)

558 GOVERNMENT GAZETTE, WA 11 March 2022

TRANSPORT

TN301

Rail Safety National Law (WA) Act 2015

Road Traffic (Vehicles) Act 2012

Transport (Road Passenger Services) Act 2018

Transport Regulations Amendment (Work

Health and Safety) Regulations 2022

SL 2022/23

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the Transport Regulations Amendment
(Work Health and Safety) Regulations 2022.

2.             Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are

published in the Gazette;

(b) the rest of the regulations — on the day on which the

Work Health and Safety Act 2020 Part 15 comes into operation.

Part 2 — Rail Safety National Law (WA)

Regulations 2015 amended

3.             Regulations amended

This Part amends the Rail Safety National Law (WA)
Regulations 2015.

4.             Regulation 4 amended

In regulation 4 delete “Occupational Safety and Health
Act 1984” and insert:

Work Health and Safety Act 2020

11 March 2022 GOVERNMENT GAZETTE, WA 559

Part 3 — Road Traffic (Vehicles) Regulations 2014

amended

5.             Regulations amended

This Part amends the Road Traffic (Vehicles) Regulations 2014.

6.             Regulation 413 amended

In regulation 413(a) delete “Occupational Safety and Health

Regulations 1996 to hold a high risk work licence as defined in

regulation 6.1” and insert:

Work Health and Safety (General) Regulations 2022 to hold a
high risk work licence as defined in regulation 5

Part 4 — Transport (Road Passenger Services)

Regulations 2020 amended

7.             Regulations amended

This Part amends the Transport (Road Passenger Services)
Regulations 2020.

8.             Regulation 143 amended

(1) In regulation 143(1) delete the definition of WorkSafe
Commissioner and insert:

WorkSafe Commissioner means the person appointed under the Work Health and Safety Act 2020 Schedule 1 Division 1.

(2)	In regulation 143(2)(c) delete “Occupational Safety and Health Act 1984” and insert:
Work Health and Safety Act 2020

560 GOVERNMENT GAZETTE, WA 11 March 2022

9.             Schedule 2 amended

In Schedule 2 clause 1 in the Table after item 20 insert:

Work Health and Safety Act 2020

20A.	Offence under the Work	Permanent
Health and Safety
Act 2020 s. 30A(1) or (3)
20B.	Offence under the Work	5 years
Health and Safety
Act 2020 s. 31(1) or (2),
32(1)

20C.	Offence under the Work	2nd or subsequent	12 months
Health and Safety	conviction only
Act 2020 s. 33

V. MOLAN, Clerk of the Executive Council.

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