Significant WHS Penalties Issued to Western Australian Employers
Western Australia continues to enforce strong penalties following the introduction of the Work Health and Safety Act 2020 (WA).
In Wallis v John Holland Pty Ltd [2024] WASCA 26, the Court of Appeal examined a prosecution alleging that the company failed to comply with a WHS duty that exposed workers to the risk of death or serious injury. The court rejected the argument that the WHS inspector lacked authority to commence the prosecution, confirming the validity of the process. This case underscores the importance of compliance and the wide enforcement powers available under WA’s harmonised WHS regime.
In DMIRS v Bradken Resources Pty Ltd [2022] WAIRC, a worker suffered fatal crush injuries when trapped between a gantry and platform. The court found that Bradken failed to implement adequate controls over hazardous machinery and pedestrian movement. The company was fined $900,000, reflecting the seriousness of the breach and the foreseeability of the risk.
These cases highlight that WA courts treat failures involving mobile plant and inadequate separation of workers from heavy equipment as serious WHS breaches carrying substantial penalties.
WA operates under the Work Health and Safety Act 2020 (WA).
s 19 — Primary duty of care
PCBUs must ensure, so far as is reasonably practicable, the safety of workers and others.
s 18 — Reasonably practicable
Considers:
WA penalty units differ — fines are set as maximum dollar amounts, not unit multipliers.
For example, Category 1 — Gross negligence:
WA businesses must ensure compliance with the new WHS Act, including:
Chamberlains can assist with:
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If you have any questions or concerns please contact Antonia Tahhan of our Workplace Team on 02 6188 3600