Workshop on key changes
Background
The Western Australian Government is modernising the State’s safety legislation covering mining, petroleum
and major hazard facilities (MHFs) and the Department of Mines and Petroleum (DMP) plans to consolidate
the safety aspects of mining, petroleum and MHF legislation into one Act – the Work Health and Safety
(WHS) (Resources) Act.
DMP is now seeking stakeholder input on the content of the proposed WHS (Resources) Bill1. All information
on the consultation is available on Marsden Jacob’s website, here: http://www.marsdenjacob.com.au/workhealth-safety-resources-bill/
Stakeholder forum
Through the consultation you are invited to provide comments on:

the proposed reform objectives;

the overall impacts of the proposed reforms;

specific changes (and impacts); and

transitional matters.
The focus of today’s forum will be on specific changes.
Summary of changes
To assist stakeholders in commenting on the proposed WHS (Resources) Bill, DMP has identified 21 key
changes, including:

changes from the current legislation, such as different terminology, or new requirements that result in
benefits and/or costs for industry, workers and other stakeholders;

other differences or areas of interest (e.g. differences between the proposed bill and model WHS Act).
During the workshop, we will discuss whether some of the key changes are less likely to result in lasting
changes in compliance costs or safety outcomes (e.g. due to a no substantive change in requirements).
Table 1, below, summarises the 21 key changes and highlights in green the changes that appear less likely to
result in lasting changes in compliance costs or safety outcomes.
1
The Bill will become the Act when it is passed by parliament and receives assent of the Governor
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
1.
Table 1: Summary of key changes
No.
Topic/Key Principle
1.
Applicable legislation
2.
Application of the WHS (Resources) Act
3.
Decision on application of the WHS (Resources) Act or WHS Act to work sites
4.
Primary Duty of Care
5.
Person having primary duty of care
6.
Other Duty Holders
7.
Management of risk
8.
Safety case and Safety management system (SMS)
9.
Management and supervision / Statutory Positions
10.
Penalties
11.
Incident notification
12.
Incident investigation
13.
Administration of the Act by the regulator
14.
Powers of regulator and inspectors
15.
Enforcement measures
16.
Limitation period for prosecutions
17.
Officer’s liability
18.
Advisory Committees
19.
Evidentiary provisions
20.
Sharing and publication of information by regulator
21.
Board of Inquiry
Workshop elements of the forum

Part 1 of the workshop (prior to morning tea) will discuss topics which are less likely to result in on
going changes to regulatory costs or safety outcomes. These are identified by green shading in the table.

Part 2 of the workshop (after morning tea) will focus the remaining key changes.
Attendees are encouraged to sit in industry group and discuss which of the key changes they support or
oppose – and why.
The next section of this paper replicates the detailed table of changes from Section 4, page 15 of the
Consultation RIS. Minor colour and formatting changes have been made for ease of readability.
The final section of this paper gives some guidance for considering the impacts of each of the key
changes.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
2.
Detailed table of changes
Note: For the purposes of this document, petroleum headings include geothermal energy operations and greenhouse gas storage operations.
References to the PAGERA, PPA and PSLA is reference to the safety provisions only, all other provisions will remain in the existing legislation.
Table 2: Detailed table of changes
No.
1.
Topic/Key
Principle
Applicable
legislation
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining:
WHS (Resources) Act
Legislation is based on the national model
Work Health and Safety Act.

Mines Safety and Inspection Act 1994 (MSIA)
Mining: Incorporates additional provisions
from National Mine Safety Framework
(NMSF) and corresponding definitions.
Petroleum:

Petroleum (Submerged Lands) Act 1982 (PSLA)

Petroleum and Geothermal Energy Resources
Act 1967 (PAGERA)

Petroleum Pipelines Act 1969 (PPA)
Petroleum: The three petroleum Acts will be
retained, but safety provisions from these
Acts are being consolidated under the WHS
(Resources) Act.
MHF:

Dangerous Goods Safety Act 2004 (DGSA)

Occupational Safety and Health Act 1984 (OSH
Act), regulated by WorkSafe WA
Offshore petroleum facilities in
Commonwealth waters will continue to be
regulated by NOPSEMA under the Offshore
Petroleum and Greenhouse Gas Storage Act
2006 (Commonwealth) (OPGGSA).
MHF:
MHF process safety and OSH provisions are
being consolidated under the WHS
(Resources) Act.
Regulation of OSH will transfer from
WorkSafe to Resources Safety at DMP.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
3.
2.
Application of
the WHS
(Resources) Act
Mining: The Act applies to mining operations as
defined in s.4. It generally covers mining,
exploration, process facilities, ports support
facilities etc.
Mining: The proposed definition of mining operation
will be expanded to include:

Mines operated by local government; and

Tourist mines
Petroleum:
To provide clarity, the following current exclusions
will now be explicitly mentioned in the new Act:
Railways; public roads; air travel to/from mines;
fossicking; and prospecting under Miners Right.



PSLA applies to offshore petroleum facilities,
pipelines and diving operations, and is closely
aligned with the OPGGSA.
PAGERA applies to onshore petroleum and
geothermal energy operations.
PPA applies to onshore licensed pipelines.
MHF: A facility is declared by the Chief Officer to
be a major hazard facility based on the quantity of
prescribed chemicals under Schedule 1 of the
DGSA and associated risks, taking into account
other written laws that apply relevant to safe
storage, handling and transport of dangerous
goods.
Petroleum:
Petroleum operations will include onshore and
offshore facilities and pipelines and diving.
 Offshore facilities will have a simpler definition,
which still aligns with the intent of the OPGGSA.
The regulator will have the power to declare,
where appropriate, whether a petroleum
operation is not captured under the WHS
(Resources) Act.
 Geothermal operations definition will be
unchanged, but the regulator has the power to
declare whether a geothermal energy operation
is not captured under the WHS (Resources) Act,
based on the scale and complexity of the
operation.
 Greenhouse gas storage operations will be
added, to align with another Bill for the
modification of PAGERA and PPA.
The scope of operation for petroleum activities will
cover the initial survey through to decommissioning
and remediation.
MHF: A facility will be declared by the regulator to
be a major hazard facility based on the quantity of
prescribed chemicals and associated risks.
Regulator’s discretion to declare a MHF is retained.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
4.
ALL: Scope aligns with model WHS Act.
Mining: The proposed definition of mining
operation reflects the NMSF definition, but
has been modified slightly to align with the
MSIA and the Mining Act.
Inclusion of mines operated by local
government, etc. and tourist mines reflects a
national level decision. The regulation of OSH
at these sites will transfer from WorkSafe to
Resources Safety.
Petroleum: The definition of ‘petroleum
operation’ will be the same for onshore and
offshore.
Under a separate process, the PAGERA and
PPA are being modified to include
greenhouse gas storage. This will also be
incorporated into the new WHS (Resources)
Act.
MHF: The declaration of MHFs will be similar
to the current process.
No.
3.
4.
Topic/Key
Principle
Current Legislation
Decision on
application of
the WHS
(Resources) Act
or WHS Act to
work sites
Primary Duty of
Care
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Additional powers given to the Minister, where
doubt exists, to declare a work site to be (or not to
be) a resources operation.
Previously, there had been issues with the
determination of jurisdiction under the
current MSIA and OSH Act.
A new provision, similar to provisions in the
new NSW WHS (Mines) Act, has been added.
Mining: S.9 covers primary duty of care for an
employer. The employer has an obligation towards
its employees, including contractors and labour
hire workers.
All: The primary duty of care is for a Person
Conducting a Business or Undertaking (PCBU)
towards all workers, including contractors and
labour hire workers.
Petroleum:



PSLA: Schedule 5, clause 8 covers the duties of
the operator. The operator of a facility has an
obligation to any person at or near the facility.
PAGERA: Schedule 1, clause 7 covers the
duties of the operator. The operator has an
obligation to persons engaged in the
petroleum or geothermal energy operation,
i.e. employees, including contractors or other
protected persons.
PPA: Schedule 1, clause 7 covers the duties of
the licensee. The licensee has an obligation to
persons engaged in the pipeline operation, i.e.
employees, including contractors or other
protected persons.
It has removed the ambiguity in the
relationship between an employer and
employee – even where the relationship is
through a sub-contract arrangement.
Responsibility for worker health and safety at
Major Hazard Facilities (MHFs) will be
transferred from WorkSafe WA to Resources
Safety.
MHF: S.19 of the OSH Act covers primary duty of
care for an employer. The employer has an
obligation towards its employees, including
contractors and apprentices. This Act is currently
regulated by WorkSafe WA.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
The duty of care concept has been simplified
and made broader.
5.
No.
5.
Topic/Key
Principle
Person having
primary duty of
care
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining: The Principal Employer, who has the
mining right and overall control of the mine, has
specified duties, including the duty of care for all
employees.
PCBUs will have primary duty of care for the
operations under their control. However, the
operator/licensee/title holder will have overall
primary duty of care for the entire resources
site/facility/operation.
Mining: The concept of Mine Operator has
been recommended by the NMSF and will
replace Principal Employer.
Petroleum:



PSLA: Operator is registered for facilities or
diving operations and has the duty of care to
any person at or near the facility.
Mining: Mine Operator is designated as a PCBU and
has similar control and duties as the Principal
Employer.
PAGERA: Operator (who is the title holder) has
the duty of care to any persons engaged in the
petroleum or geothermal energy operation,
i.e. employees, including contractors or other
protected persons.
Petroleum: Operator will be registered, similar to
the current PSLA, will be designated as a PCBU and
has primary duty of care.
Operators are defined as being responsible
for day-to-day control of the operations.
As the Operator is not always the same
person as the licensee for the operation, all
operators (including onshore operators) will
now need to be registered with DMP.

Onshore: Registration is a new
requirement for operations currently
covered under PAGERA and PPA. It aligns
with the current requirements for
registration of offshore petroleum
operators.

Diving: The Diving contractor will be
retained, as per current legislation.

Offshore: Registration of offshore
operators will be retained, as per current
legislation.
MHF: Operator is designated as a PCBU and has
primary duty of care.
PPA: Licensee has the duty of care to any
persons engaged in the pipeline operation, i.e.
employees, including contractors or other
protected persons.
MHF: Under the MHF provisions of the DGSA, the
Operator has a general duty to minimise risk to
people, property and the environment.
Under the OSH Act, the employer has the duty of
care towards employees, including contractors and
apprentices. This is regulated by WorkSafe WA.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
Petroleum:
6.
No.
6.
Topic/Key
Principle
Other Duty
Holders
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
The current legislation places duties on designers,
manufacturers, importers and suppliers of any
plant, building or structure and substances.
Similar duties are placed on PCBUs that design,
manufacture, import, supply and install plant.
Control measures for ROCs will now be
covered under the new legislation.
There is no specific provision covering Remote
Operations Centres (ROCs).
7.
Management of
risk
Mining: The general risk management is through
Duty of Care and the Project Management Plan.
A new provision will be added to cover Remote
Operations Centres (ROCs):

A PCBU that controls autonomous or semiautonomous operations from a remote site (e.g.
an office not located at the resources facility)
will have prescribed duties in relation to
workers at the resources facility.

Workers located at the ROC office (i.e. not at a
resources facility) will have their health and
safety covered under the WHS legislation for
general industry.
There will be a general risk management provision in
the WHS (Resources) Act.
Detailed provisions around risk control
measures will be in the regulations.
Petroleum: Risk management controls measures
are in the regulations.
MHF: Risk management controls measures are in
the regulations.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
High-level provisions on general risk
management will now be in the Act.
7.
No.
8.
Topic/Key
Principle
Safety case and
Safety
management
system (SMS)
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining: The Project Management Plan (PMP)
requires management of identified risks at the
time of commencement of mining operations.
There is no requirement to update this document
as the mining operations expand or change. The
PMP is not an enforceable document.
Mining: Mining operations will be required to
prepare a Safety Management System (SMS). This is
an enforceable and living document.
Details of safety case and SMS will be in the
regulations.
Petroleum:
The SMS must be prepared and reviewed in
consultation with workers relevant to the mining
stage being undertaken, e.g. construction (i.e.
workers covered by the WHS (Resources) Act).
PSLA:
 Petroleum facility requires a safety case.
 Offshore pipeline requires a pipeline
management plan.
 Diving operations require a diving SMS.
Petroleum & MHF:
PAGERA: Petroleum and geothermal energy
operations require an SMS.


All MHFs and petroleum operations (including
pipelines, geothermal energy and greenhouse
gas storage operations) will require a safety
case.
Diving operations will require a diving SMS.
PPA: Pipeline operations require a safety case.
MHF: Requires safety report covering process
safety. This excludes worker OSH, which is
currently covered by WorkSafe WA.
Note: Mining will use Safety Management
Systems – not a safety case.
Mining:
For proposed new mining operations:,
Initially, an outline of the SMS will be
required, instead of a PMP. The full SMS will
be required by the time mining operations
commence
For existing mining operations: A full SMS will
be required.
Petroleum:

The Pipeline Management Plan under
PSLA and the SMS under PAGERA will be
replaced by a safety case in the WHS
(Resources) Act.

Diving: Registration of the Diving SMS
will be retained, as per current
legislation.
MHF: Safety report will be renamed as a
safety case and this will now include
coverage of both process safety and worker
OSH.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
8.
No.
9.
Topic/Key
Principle
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Management
and supervision /
Statutory
Positions
Mining: The Act prescribes statutory positions and
advises on other management appointments.
These include Registered Manager, Quarry
Manager, Underground Manager, etc.
The Act makes provision for a Site Senior Executive
(SSE).
This is not a new requirement; it is a change
in terminology.
Petroleum: The operator’s representative must be
present at the facility.
MHF: There are no statutory positions. The
operator is the person who has the control or
management of the MHF.
Mining: The SSE replaces the Registered Manager.
Exploration Manager will be required, similar to
current requirements. Other statutory positions will
be listed in the regulations, and will be similar to
those in the MSIA.
Petroleum: The SSE replaces the operator’s
representative at the facility.
MHF: The SSE is the operator’s representative at the
facility.
10.
Penalties
Penalties are covered under the following parts of
the legislation:
Penalties will be aligned with national model WHS
Act for general industry.
Mining: MSIA: Section 4A.
Petroleum: Reckless conduct – Category 1 new
provision for petroleum operations.
Petroleum:
 PSLA: Schedule 5.
 PAGERA: Schedule 1.
 PPA: Schedule 1.
MHF: Reckless conduct – Category 1 new provision
for MHF operations.
MHF: Part 2 general duties.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
9.
These penalties are consistent with the
model WHS Act for general industry.
No.
11.
Topic/Key
Principle
Incident
notification
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining: Serious accidents, specified occurrences
and potentially serious occurrences are to be
reported immediately.
Notifiable incidents must be reported immediately
via the regulators reporting system.
Mining: The reporting process will not
change. Mining companies already phone
immediately, followed by an online report
using the Safety Regulation System (SRS).
Lost Time Injuries (LTI) must be reported at the
end of the month, with employment statistics and
lost shift data.
Death and serious illnesses and injuries also need to
be reported by telephone.
The list of dangerous incidents and serious injuries
will align with the model WHS Act.
Petroleum: Accidents and dangerous occurrences
require immediate notification and a report within
3 days.
Petroleum: The reporting system will change.
The new WHS (Resources) Act will require
immediate reporting of incidents, after the
initial phone call.
The operator must provide a monthly report on
the number and types of injuries, hours worked
and the number of days lost due to injuries.
A uniform online reporting system will be
implemented for all resources industries,
with the Safety Regulation System (SRS)
replacing the current paper reporting form.
MHF: Section 9 of the DGSA requires certain
dangerous goods incidents (reportable situations)
to be notified as soon as practicable by phone and
an incident report form within 21 days.
MHF: The reporting system will change. The
new WHS (Resources) Act will require
immediate reporting of incidents, after the
initial phone call.
LTIs are reported to WorkSafe as worker health
and safety at MHFs is regulated under the OSH Act.
A uniform online reporting system will be
implemented for all resources industries,
with the Safety Regulation System (SRS)
replacing the current paper reporting form.
Notifiable instances and LTIs will be reported
to Resources Safety, rather than WorkSafe.
ALL: Some minor changes in terminology to
facilitate shared definitions.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
10.
No.
12.
Topic/Key
Principle
Incident
investigation
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining: No specific requirements for Principal
Employer, employer or Registered Manager to
investigate reportable incidents and accidents.
There is an obligation on the Resources Facility
Operator to report and investigate all notifiable
incidents. DMP may also request a copy of the
investigation report.
The resources industry already investigates
incidents on sites/facilities as part of current
processes. The new legislative provision
formalises this as a requirement.
The safety case or the SMS must be reviewed and
updated to prevent recurrence.
Mining: New provision aligns with NMSF and
formalises current processes.
Petroleum: No specific requirements for the
petroleum operator or licensee to investigate
reportable incidents and accidents. However, the
petroleum operator/licensee must prepare a
report covering all material details concerning the
accident or dangerous situation and this requires a
root cause analysis.
Petroleum and MHF: Formalises current
processes.
MHF: No specific requirements for the MHF
operator or licensee to investigate dangerous
goods incidents or dangerous situations. However,
under Section 46(2), the Chief Officer may direct a
person with control management of a site to
conduct an approved audit and report to the Chief
Officer about dangerous goods incidents or a
dangerous situation on the site.
13.
Administration
of the Act by the
regulator
Mining: State Mining Engineer is the chief
administrator of the MSIA.
The Act prescribes three types of inspectors –
District, Special, Employees.
Petroleum: The Minister is the chief administrator
and the Minister has delegated his power to the
Director.
MHF: Chief Officer is the chief administrator of the
DGSA.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
The regulator (Commissioner Resources Safety) will
be the chief administrator of the WHS (Resources)
Act.
There will only be one type of inspector, called an
Inspector.
The concept of corresponding regulator and
corresponding legislation has been introduced for
sharing of information and recognition of certain
approvals.
11.
Change in terminology to facilitate shared
definitions only.
These changes were made to align with the
national model WHS Act for general industry.
No.
14.
Topic/Key
Principle
Powers of
regulator and
inspectors
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining: Inspector powers are outlined in s.21 of
the Act.
The new WHS (Resources) Act is similar to the
present provisions.
No change to powers, apart from the
additional power noted on the left.
The State Mining Engineer has all of the powers of
inspectors and the ability to request an
independent study report under s.45 of the Act at
the Principal Employer’s expense.
Similar powers exist under current legislation, but
these have been made consistent across all industry
sectors.
Petroleum: Inspectors powers are outlined in PPA
& PAGERA Schedules 1 or and PSLA Schedule 5 and
the Minister may request a validation at the
operator’s expense.
MHF: Powers of Chief Officer and DGOs are
outlined in Parts 5 and 6 of DGSA.
The Chief Officer has all of the powers of DGOs and
under s.46(2) may direct an MHF operator to pay
for an approved auditor to conduct an audit and
report to the Chief Officer.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
12.
No.
15.
Topic/Key
Principle
Enforcement
measures
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining: Inspectors have powers to issue
improvement and prohibition notices, as well as
powers to require that the mine, or any part of it,
be left undisturbed for as long as is specified in the
requirement.
The inspectors have powers to issue improvement,
prohibition and non-disturbance notices.
Mining and MHF: The new non-disturbance
notice formalises the current inspectors’
powers to ensure that a site is not disturbed
for a specified period and aligns with the
current petroleum safety legislation.
Petroleum: Inspectors have powers to issue
improvement and prohibition notices, and direct
by written notice that the site is not to be
disturbed.
Petroleum: No change.
MHF: WorkSafe inspectors have powers under the
OSH Act to issue improvement and prohibition
notices and can require that the workplace, or any
part of it, be left undisturbed.
Resources Safety’s DGOs also have powers under
the DGSA to restrict access to sites of dangerous
goods incidents and dangerous situations.
16.
Limitation period
for prosecutions
Mining: Proceedings for an offence against the Act
must be commenced within three years after the
offence was committed.
The new legislation requires proceedings to begin
within two years after the offence first comes to the
notice of the Regulator.
Petroleum: Proceedings for an offence may be
brought at any time.
MHF: Relies on Criminal Procedure Act 2004 and
proceedings can be brought within one year.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
13.
Aligned with the model WHS Act.
No.
Topic/Key
Principle
17.
Officer’s liability
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
Mining: Under s.100A of MSIA, officers of
corporations are liable in cases of gross negligence.
The new WHS (Resources) Act places duty on officers
of a corporation to exercise due diligence to ensure
that the PCBU complies with any duty or obligation
under the WHS (Resources) Act.
Aligned with the model WHS Act and the
definition of an officer under the
Corporations Law.
Proposed advisory committees are as follows:
These committees will consist of industry,
union and government representatives and
provide advice to the Minister.
Petroleum: Directors, employees or agents of the
body corporate are liable under the following
provisions:

PAGERA & PPA: Schedule 1, Clause 78.

PSLA: Schedule 5, clause 79.
MHF: Under s.6 of DGSA, officers of corporations
are liable.
18.
Advisory
Committees
Mining: MIAC is a statutory committee currently
under s.14A of the Occupational Safety and Health
Act 1984.
Petroleum and MHFs: No statutory committees.
Mining: MIAC will be retained, however provision to
establish this committee will be moved to the WHS
(Resources) Act.
Petroleum & MHFs: A new committee to be formed
to represent petroleum and MHFs.
19.
Evidentiary
provisions
Covered under current legislation as follows:
Mining: MSIA s.98
Evidentiary provisions are included to save time in
Court, consistent with current legislation.
Petroleum:

PAGERA: s126A

PPA: s.66BB

PSLA: s.137A
No change in requirement, as provisions in
the proposed WHS (Resources) Bill reflect
current legislation and provisions which
already exist.
It is noted that retaining this provision differs
from the model WHS Act, which does not
include this provision.
MHF: DGSA: s.58.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
The introduction of a committee for
petroleum and MHFs will facilitate
discussions on safety issues, reforms or
changes going forward and provide a line of
advice for these industries to the Minister
(akin to the existing situation for mining).
14.
No.
20.
Topic/Key
Principle
Sharing and
publication of
information by
regulator
Current Legislation
Proposed Legislation - WHS (Resources) Act
Comments/Explanation
No provision for this in current legislation.
Added to enable the regulator to publish
information for shared learnings and education
purposes.
This aligns with the model WHS Act.
This will include publication of:

approved Radiation Management Plans;

learnings from significant incidents and
accidents.
It is proposed that Radiation Management
Plans approved for planned uranium mining
operations will be published prior to
construction of these mines. The full plan will
be published for those plans approved after
the new WHS (Resources) Act is
implemented.
The publication of learnings from significant
incidents and accidents is merely formalising
a current process. These publications are deidentified to remove personal or company
details.
21.
Board of Inquiry
No provision for this in current legislation.
However, the Minister already has the power to
institute inquiries and has done so in the past.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
Enables the Minister to establish a Board of Inquiry
to inquire into serious incidents and dangerous
occurrences; any practice or safety matter which
may adversely affect the health and safety of
persons; or any emerging or systemic issues
affecting health and safety of persons.
15.
This provision aligns with the NMSF and the
model WHS Act.
It formalises current Ministerial powers to
establish an inquiry, such as inquiries into
major incidents.
Points to think about when considering the
impacts of each change
The primary purpose of consultation is for industry to inform Marsden Jacob of the likely
impacts (the costs and benefits).
Impacts may include:

changes in regulatory costs (transition costs and ongoing); and

changes in safety outcomes.
Impacts can be measured in financial terms or be described qualitatively.
Changes in regulatory costs
Regulatory costs are costs incurred to ensure compliance with safety provision in the legislation.
Costs are the time and resources (FTE) dedicated to:

Preparation of safety documents

Staff training in safety management and processes

Day-to-day identification and management of safety risks
For the consultation:

Will more/less time be needed to complete safety tasks?

Will the changes result in more/less time for completion of safety administration tasks ongoing forward?
Changes in health and safety outcomes
Proposed changes aim to maintain or improve health and safety conditions for resources industry workers
by setting out a clearer, risk based approach to safety management.
Safety outcomes could be evident through:

Subtle changes in safety culture – improved/reduced alignment of responsibility, accountability and
control of safety conditions

Safety representatives spending more/less time actively managing safety risks directly relevant to their
site

A reduction/increase in the number or frequency of ‘near misses’ minor incident and significant incidents
For the consultation:

Will the changes reduce maintain or improve health and safety for resources industry workers? E.g.
through a clear, flexible, risk-based approach to safety management.

Does the change enable a safety focus specific and appropriate for each unique work site?
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
16.
Quantitative questions
Given the broad nature of the proposed legislative changes it is not expected that stakeholders will be able to
quantify the impact of each key change. However, it is worth considering questions for each key change that is
supported or not supported.
1.
What will be the impact of this change in your workplace on:
Significantly
makes things
Worse (more
than 20%)
Somewhat
makes things
worse
(between 5
and 20%)
Slightly makes
things worse
(up to 5%)
Little
effect
(0%)
Slightly
improves
things (up
to 5%)
Somewhat
improves
things
(between 5
and 20%)
Significant
improveme
nt (more
than 20%)
Likelihood of
injury, death or
illness in your
workplace
Ease of
compliance
with
OSH
Other changes
(please
specify)
2.
Can you estimate your current annual costs of existing OSH regulations in this area please
provide these:
Total management time? (Hrs)
Total staff time? (Hrs)
Consultant and other costs? ($)
3.
What do you expect would be your changeover costs to meet the proposed change in this area?
(note: ongoing effects are asked in a separate question)
Total management time? (Hrs)
Total staff time? (Hrs)
Consultant and other costs? ($)
4.
What do you expect will be your ongoing annual costs under the proposed change in this area?
Total management time? (Hrs)
Total staff time? (Hrs)
Consultant and other costs? ($)
5.
What is the basis of these estimates?
Own estimates
Budgeted costs
Other (please specify) _______________________
A copy of the cover sheet for submissions and the consultation questions is available in
Word format on Marsden Jacob’s website here.
Department of Mines and Petroleum
Forum Handout – WHS (Resources) Bill Consultation
17.
I am
unsure
what effect
it will have