Commissioner's corner

Sexual harassment and assault has been in the news recently, with the number of reported incidents growing across all industries. This type of workplace behaviour is simply unacceptable and, in addition to collaborative arrangements with other agencies, a number of measures are being put in place to help make workplaces safe from psychological and social hazards.

The Commission for Occupational Safety and Health (the Commission) is made up of the main stakeholders in workplace safety and health in Western Australia (WA), and it has recognised that this is an extremely important issue. Since 2014, WA workplaces have operated under a code of practice on violence, aggression and bullying, but the Commission has made the decision to separate these into two codes – one dealing specifically with violence and aggression and the other with bullying and harassment. Public comment has been sought for both codes, all of which will be considered and the final versions agreed upon. The Commission is also seeking public comment on a code of practice on Psychosocial hazards in the workplace. This code is intended to provide practical guidance for workplaces where workers may be exposed to psychological and social hazards such as inappropriate behaviours, violence and aggression, fatigue, burnout, stress and trauma, all of which can be harmful to health. It is of vital importance to make managing psychosocial hazards a priority in workplaces, and everyone has a duty to do so. This can be a challenge, so a proactive approach is needed and consultation and communication are critical.

Work continues towards the delivery of the new work health and safety laws, with preparations being made to bring almost all WA workplaces under a single Act in January 2022. The Work Health and Safety Act 2020 will replace the current Occupational Safety and Health Act 1984, the Mines Safety and Inspections Act 1994 and the safety aspects of three other Acts covering petroleum. Although the new laws are based on the national model laws, they have been tailored specifically to WA workplaces.

Important changes that will take place under the new laws include the inclusion of industrial manslaughter charges, the banning of insurance coverage for WHS penalties, the introduction of WHS undertakings as an alternative penalty and the introduction of the new term 'person conducting a business or undertaking' (PCBU). This last change will ensure that newer employment relationships will be included alongside the traditional employer-employee relationship.

The new WHS Act has passed through Parliament, and the regulations that underpin the laws are in the process of being drafted. Once the regulations are approved, they will be gazetted and the new laws will be proclaimed and implemented. In preparation for the new WHS regime, policies, processes and procedures are being developed. Six working groups have been formed within WorkSafe to concentrate on the areas of prosecution and enforcement, regulation and compliance processes, online business systems, communications, training and licensing, and these groups are working hard to ensure a smooth transition to the new laws. The Department will assist in the administration of the new laws, including providing inspectors and other staff, to ensure compliance.

As the holder of the independent statutory office of WorkSafe Commissioner, I will report directly to the Minister for Industrial Relations and be responsible for performing the functions and exercising the powers of the regulator under the new WHS Act. I welcome the opportunity to contribute to the health and safety of WA workers into the future. The issue of silica in workplaces continues to be a serious concern. The National Dust Disease Taskforce recently completed its twoyear independent review of the systems in place for the prevention, identification and control of silicosis and other occupational dust diseases. The Taskforce’s final report contains seven recommendations on actions to be taken to improve worker health and safety where silica is present in workplaces.

One of the recommendations of the report is that regulators are active in the area of silica safety for workers. Here in WA, considerable action has been taken in this area. WA is a world leader in health surveillance for silicosis, having now amended the Occupational Safety and Health Regulations to mandate low-dose high resolution CT scans for at-risk workers instead of the previous requirement for X-rays in assessing the lung health of workers. WorkSafe inspectors have also conducted widespread proactive inspections to identify at-risk workplaces and take any compliance action required. Silicosis is a severe and incurable disease so it is vital that all duty holders – including suppliers of silicacontaining products – play a part in preventing it. Some suppliers are currently developing materials with lower levels of silica, potentially providing an additional risk control option.

I look forward to next year’s implementation of the Work Health and Safety legislation and the positive changes it will bring to the safety and health of WA workers.

Darren Kavanagh, WorkSafe Commissioner