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Worksafe WA WorkSafe-lgo-Landscape-1920x466 - Coggle Diagram

- - - - Failure to Comply category 1
        
        Failure to comply category2
        
        Failure to comply category 3
        
        When a person neglects their duty to health and safety
        
        $120,000 for a pcbu or $55,000 for and individual
        
        WHS ACT Part 2 Division 5 Subdivision 3 Section 33
        
        When a person neglects their duty to health and safety and it exposes a person to an individual to the risk of death or serious injury
        
        $350,000 for a PCBU or $170,000 for an individual
        
        WHS ACT Part 2 Division 5 Subdivision 3 Section 32
        
        When a person neglects their duty to health and safety and it causes death or serious injury
        
        5 years imprisonment and $680,000 fine
        
        WHS ACT Part 2 Division 5 Subdivision 3 Section 31
      - WHS ACT Part 2 Division 5 Subdivision 2 Section 30A
      - When a PCBU Knowingly neglects their duty to health and safety and it causes death
        
        10 years imprisonment or $5000,000 fine
  - - - Part 10 Division 3 Section 198 to 201
        
        When a site of an incident must be preserved
        
        Penalty for not obeying a Non disturbance notice is $55,000
    - - Part 10 Division 1 Section 191 to 194
        
        When Worksafe demands improvements to a non compliance
        
        The fine for not complying with the improvment notice is $55,000
    - - Part 10 Division 2 Section 195 to 197
        
        When worksafe demands improvements to a non compliance and prohibits a certain task
        
        Penalty for not complying with the Prohibition notice $115,000
- - - - 3-a pcbu must provide a safe means of access to and and exit from any workplace referred to in subreg 2
        
        2(a) in or on an elevated workplace from which a person could fall and 2(c) in the vicinity of an opening which a person could fall
        
        $7000 fine
  - - - 3.The person provide adequate protection against the risk if the person provides and maintains a safe system of work,
        
        A)including a preventing an object from falling freely so far is reasonably practicable or B) if it is not reasonable practicable to prevent an object falling freely- providing, so far as is reasonably practicable , a system to arrest the fall
        
        $7000 Fine
  - - - The person conducting a business or undertaking must, so far as reasonably practicable, consult in accordance with this division and the regulations, with workers who carry out work for the business or undertaking who are, or are likely to be directly affected by a matter relating to work health or safety.
- - - - WHS ACT 2020 Part 2 Division 2 Section 19 Subsection 3 (C)
        
        A person conducting a business or undertaking must ensure, so far is reasonably practicable the provision and maintanence of safe system of work.
  - - - WHS ACT 2020 Part 5 Division 1 Section 47
        
        A PCBU must, so far as reasonably practicable, consult, with workers who carry out this work for the business or undertaking, who are, or are likely to be directly affected by a matter relating to work health and safety
  - - - Part 2 Division 4 Section 28
        
        While at work a worker must a) take reasonable care for the workers own health and safety
- - - - Regulations support the Act, providing more detailed information about duties in relation to particular hazards, procedures and WHS obligations. Regulations are still subject to parliamentary scrutiny but are more readily acceptable to changes or special circumstances than the ACT. There are three WHS Regulations for different industries listed to the right, the WHS(general) regulations 2022 are relevant to PW
      - WHS (Mines) Regulations 2022
      - WHS (General) Regulations 2022
      - WHS (Petroleum and Geothermal Energy Operations)
      - Codes of Practice
        
        Codes of practice provide guidance to operators to meet their "duty of care" Responsibilities. Codes of practices are not legally binding, but they are admissible in Courts as evidence. If duty holders choose not to follow a code of practice, they need to have a better system and provide justification. There are two examples of codes of practice relevent to PW listed to the right.
        
        Demirs Code of practice- Managing the risk of a fall at workplace
        
        Demirs Code of practice- Hazardous Manual Tasks
        
        Standards
        
        An Australian Standard is a published document that sets out specifications and procedures for products, services and systems. Standards are not legally binding, but they are admissible in court. There are two examples of standards relevant to PW listed to the right
        
        ISO 18893:2024 Mobile Elevating Work Platorms
        
        AS 1892.1:2018 Portable Ladders