WorkSafe WA: what the WHS Act 2020 means for builders in Western Australia
WorkSafe WA enforces the WHS Act 2020 from 31 March 2022. Know your duties: notifiable incidents, improvement notices, industrial manslaughter, and licence checks.
Ask Chalkline about this →In plain English
Western Australia was the last jurisdiction to harmonise its work health and safety laws. On 31 March 2022, the Work Health and Safety Act 2020 (WA) replaced the long-standing Occupational Safety and Health Act 1984 (OSH Act). WA now aligns with New South Wales, Queensland, South Australia, Tasmania, the ACT, and the NT, all running harmonised WHS laws. Victoria remains the only state still running its own framework (the Occupational Health and Safety Act 2004).
The regulator is WorkSafe WA, administered by the WorkSafe Commissioner. WorkSafe WA sits within the Department of Local Government, Industry Regulation and Safety (LGIRS), which was formed 1 July 2025 from the former Department of Energy, Mines, Industry Regulation and Safety (DEMIRS). The online licence search at ols.demirs.wa.gov.au still operates under the former domain.
For residential builders in Western Australia, WorkSafe WA is the body that:
- Enforces the WHS Act 2020 across all WA workplaces, including construction sites
- Issues improvement, prohibition, and infringement notices
- Investigates notifiable incidents and prosecutes for WHS breaches
- Administers high risk work (HRW) licences, asbestos removal licences, and demolition licences
- Runs the online licence verification register at ols.demirs.wa.gov.au
24-hour notification line: 1800 678 198 (notifiable incidents and after-hours urgent matters).
TL;DR
WorkSafe WA enforces the harmonised WHS Act 2020 on all WA construction sites from 31 March 2022, replacing the old OSH Act 1984. If someone is killed, seriously injured, or a dangerous incident occurs, call 1800 678 198 immediately. Scene preservation is mandatory until an inspector arrives or directs otherwise. Industrial manslaughter carries a $10 million fine for a body corporate and 20 years imprisonment for an individual. Category 1 breaches reach $3 million for a body corporate. Before any licensed worker starts high-risk work or asbestos removal, verify their licence at ols.demirs.wa.gov.au.
What it requires
Primary duty of care (s 19 WHS Act 2020)
The primary duty under s 19 of the WHS Act 2020 (WA) falls on the person conducting a business or undertaking (PCBU). The builder is the PCBU on a residential construction site. The duty requires the PCBU to ensure, so far as is reasonably practicable, the health and safety of:
- Workers engaged, or whose activities are influenced or directed by, the PCBU
- Other persons at the workplace (including subbies, visitors, and members of the public)
“So far as is reasonably practicable” is not a best-efforts standard. It requires weighing the likelihood and severity of harm against the cost and availability of controls (verified 2026-05-10, WorkSafe WA: Work health and safety laws).
Inspector powers
WorkSafe WA inspectors can enter any place they reasonably suspect is a workplace at any time without advance notice, including vehicles, vessels, and aircraft. On entry they can:
| Power | What it looks like on-site |
|---|---|
| Enter without notice | Inspector arrives at your residential site, presents ID, access cannot be refused |
| Conduct interviews | Can interview workers privately, separately from the site supervisor |
| Take photographs, measurements, samples | Photos of the incident scene, scaffolding, fall-arrest systems |
| Examine and copy documents | SWMS, site induction records, subcontractor licences |
| Seize evidence | Can preserve the incident scene or seize plant or equipment |
| Dismantle plant or structures | Where necessary to identify a hazard or cause of an incident |
| Require notices to be displayed | Until the inspector confirms compliance |
Obstructing or hindering an inspector is an offence under the WHS Act 2020 (WA).
(Verified 2026-05-10, WorkSafe WA: Workplace inspections)
Notice types
WorkSafe WA inspectors issue three types of notices. Two allow work to continue; one stops it immediately.
Improvement notice
Issued when an inspector believes a breach of the WHS Act 2020 is occurring, or has previously occurred in circumstances making it likely to recur. The inspector specifies what must be fixed and by when. Work generally continues while the improvement notice is being actioned.
Typical trigger on a residential site: SWMS not prepared before high-risk construction work started; worker not inducted before entering the site; required PPE not available or not being used.
Penalty for non-compliance: Up to $55,000 for an individual or $285,000 for a corporation.
Challenging a notice: The WHS Act 2020 (WA) provides a formal internal review process. Extension requests must be submitted at least 3 working days before the compliance deadline expires.
Prohibition notice
Issued when there is a serious risk to health or safety. The inspector gives verbal notice first, then written documentation. The activity stops immediately and may not resume until the inspector confirms the risk is controlled.
Typical trigger on a residential site: Unsafe scaffolding, unprotected fall edge above 2 m, structural element at risk of collapse, dangerous electrical work in progress.
Infringement notice
Issued for prescribed offences without going to court. Payment finalises the matter. Electing court hearing is an option.
(Verified 2026-05-10, WorkSafe WA: Complying with an improvement notice)
Notifiable incidents
Under s 38 of the WHS Act 2020 (WA), the PCBU must notify WorkSafe WA immediately upon becoming aware that a notifiable incident has occurred in connection with their business or undertaking.
A notifiable incident is:
| Type | Definition |
|---|---|
| Death | The death of any person at or from the workplace |
| Serious injury or illness | Requires immediate in-patient hospital treatment; or involves amputation, serious head injury (fractured skull, loss of consciousness, brain bleed), serious eye injury, serious burn (intensive care or skin graft), skin separation exposing tendons/bone/muscle, spinal injury, loss of bodily function, serious laceration with deep tissue/nerve damage; or medical treatment within 48 hours of substance exposure; or 10+ day work incapacity (as certified by a medical practitioner); or urgent transfer from a remote location |
| Dangerous incident | Exposes any person to serious risk: uncontrolled escape, spillage, or leakage of a substance; collapse, overturning, failure, or malfunction of registered plant; collapse of a structure; uncontrolled explosion, fire, or implosion; any other incident of a kind prescribed in the regulations |
How to notify: Phone 1800 678 198 (24/7). Notification must be immediate. Written notification can be requested by the regulator within 48 hours of a verbal notification.
Scene preservation: The incident site must remain undisturbed until an inspector arrives or directs otherwise, except to assist an injured person, make the site safe, or comply with a lawful direction from emergency services.
(Verified 2026-05-10, WorkSafe WA: Notifiable incident; WorkSafe WA: Serious injury or illness)
WHS penalties under the Act 2020 (WA)
| Offence | What it covers | Body corporate | Officer | Individual (PCBU or worker) |
|---|---|---|---|---|
| Industrial manslaughter (s 30A) | Negligent or reckless conduct causing a worker’s death | $10,000,000 | N/A | 20 years imprisonment + $5,000,000 |
| Category 1 (s 31) | Conduct exposing a person to risk of death or serious harm (gross negligence or recklessness) | $3,000,000 | $680,000 or 5 years imprisonment | $680,000 or 5 years imprisonment |
| Category 2 (s 32) | Failure to comply with a WHS duty exposing a person to risk of death or serious harm | $1,800,000 | $350,000 | $170,000 |
| Category 3 (s 33) | Failure to comply with a WHS duty (no requirement for risk of death or serious harm) | $570,000 | $120,000 | $55,000 |
Industrial manslaughter prosecutions under s 30A may only be brought by the Director of Public Prosecutions (DPP), not by WorkSafe WA directly. Insurance cannot cover WHS prosecution fines, mirroring the position in Queensland and other harmonised states.
(Verified 2026-05-10, WorkSafe WA: Enforcement, offences and penalties; AIM WA: Industrial manslaughter and the WHS Act 2020)
Licence verification
WorkSafe WA administers licences for high-risk work (HRW), asbestos removal (Classes A and B), demolition, and plant design and registration. Before a licensed worker starts:
- Go to ols.demirs.wa.gov.au
- Search by name or licence number
- Confirm the licence is current, covers the correct classes or categories, and the name matches the worker
The register covers HRW licences, asbestos removal licences, demolition licences, and plant operator registrations. White cards (General Construction Induction) are verified separately. See glossary/white-card for how to verify.
Licensing enquiries: 1300 307 877 or [email protected].
(Verified 2026-05-10, WorkSafe WA: Licence and registration search)
What it doesn’t cover
WorkSafe WA covers work health and safety for all WA workplaces. It does not cover:
- Building licensing and consumer protection: The Building and Energy division of LGIRS handles plumbing, gas, electrical, and building surveyor licences under the Building Services (Registration) Act 2011. Builder registration (Builders’ Registration Board) and home indemnity insurance (Home Indemnity Insurance scheme) are separate. WorkSafe WA has no role in those licensing schemes.
- Workers compensation claims: Managed through the Insurance Commission of Western Australia (ICWA) and private insurers under the Workers’ Compensation and Injury Management Act 1981. WorkSafe investigates incidents but the claims process is separate.
- Commonwealth workplaces: Federal government agencies, certain corporations under the Corporations Act, and defence sites fall under Comcare, not WorkSafe WA.
- Dangerous goods (storage and handling): Regulated under the Dangerous Goods Safety Act 2004 (WA), also administered by LGIRS but separately from the WHS Act 2020 framework.
- Other states: WorkSafe WA jurisdiction is WA only. For NSW, see SafeWork NSW. For QLD, see WorkSafe Queensland. For VIC, see WorkSafe Victoria.
How WA differs from the other harmonised states
WA aligns closely with the model WHS Act, but has a small number of state-specific provisions:
| Issue | WA (WHS Act 2020) | Harmonised model (other states) |
|---|---|---|
| Commencement | 31 March 2022 (last to harmonise) | Various dates 2011 to 2015 |
| Former law | Occupational Safety and Health Act 1984 | Various (all replaced by model WHS Act) |
| Industrial manslaughter | Yes, s 30A (DPP prosecutes) | Varies: NSW yes (2022), QLD yes (2017), SA, TAS, ACT yes; NT no |
| Category 1 body corporate | $3,000,000 | NSW $11.15M (indexed); QLD $3M |
| Regulator | WorkSafe WA (under LGIRS) | SafeWork NSW, WHSQ, etc. |
| Victoria | N/A | Victoria retains OHS Act 2004 (not harmonised) |
(Verified 2026-05-10, Safe Work Australia: Legislation)
Practical implications for WA builders
The OSH Act habit dies hard. Many WA subbies and builders trained under the OSH Act 1984 and its terminology (employer/employee, OHS). The WHS Act 2020 uses PCBU and worker, and the duties are structured differently. If your subcontractors’ SWMS templates still reference the OSH Act, they need updating. An inspector reviewing an OSH Act-era document will not penalise the terminology alone, but it signals your safety system is not current.
Reform context. The OSH Act 1984 had been in place for 38 years before it was repealed. WA’s workplace fatality rate in construction has remained stubbornly elevated relative to other states during that period. The WHS Act 2020 was introduced specifically to align WA with the national framework and to add industrial manslaughter, which the OSH Act did not carry.
SWMS is your first line of defence. If a prohibition notice lands or a notifiable incident occurs, the first thing the inspector will ask for is the SWMS. If there is none for the high-risk construction work (HRCW) in progress, you are exposed to a Category 2 or Category 3 breach on top of any incident-related charges. See SWMS: when it’s required.
Verify licences before mobilisation. As PCBU, you must take reasonable steps to verify that subcontractors hold current licences before HRW or asbestos work starts. Checking after an incident is not a defence. See WHS duties when engaging subcontractors.
Incident: stop, notify, preserve. The instinct to clean up the site and resume is the most common mistake builders make after a notifiable incident. Scene preservation is a legal obligation. If in doubt, call 1800 678 198 before moving anything.
WorkSafe WA priority hazards. Inspections focus on: working at heights, mobile plant (forklifts, cranes), manual tasks, hazardous substances, slips and trips, electricity, and machine guarding. Falls from height remain the leading cause of construction fatalities in WA. Unannounced inspection campaigns run regularly; having SWMS, site induction records, and subcontractor licences accessible on site at all times is the cheapest way to avoid a prohibition notice.
Source link
- WorkSafe WA (verified 2026-05-10)
- Work Health and Safety Act 2020 (WA), legislation.wa.gov.au (verified 2026-05-10)
- Work health and safety laws, WorkSafe WA (verified 2026-05-10)
References
- WorkSafe WA, Work health and safety laws, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Notifiable incident, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Serious injury or illness, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Report a workplace incident, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Complying with an improvement notice, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Workplace inspections, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Enforcement, offences and penalties, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Apply for a licence or certificate, worksafe.wa.gov.au (verified 2026-05-10)
- WorkSafe WA, Licence and registration search, worksafe.wa.gov.au (verified 2026-05-10)
- AIM WA, Industrial manslaughter and the WHS Act 2020, aimwa.com (verified 2026-05-10)
- Safe Work Australia, Legislation, safeworkaustralia.gov.au (verified 2026-05-10)
- Department of Local Government, Industry Regulation and Safety (LGIRS), wa.gov.au (verified 2026-05-10)
Related
- WHS Act overview, the national harmonised WHS model that WA adopted in 2020
- SWMS: when it’s required, mandatory for all HRCW on WA sites under the WHS (General) Regulations 2022
- HRCW list, the 18 categories of high-risk construction work that trigger the SWMS obligation
- Asbestos removal pathways, asbestos disturbance is HRCW; notifiable incidents involving asbestos go to WorkSafe WA
- WHS duties when engaging subcontractors, how the PCBU duty chain flows down to subbies on a WA site
- PCBU, person conducting a business or undertaking, the entity with the primary WHS duty
- SWMS, safe work method statement
See also
- WorkSafe Victoria, Victoria’s separate OHS Act 2004 framework
- WorkSafe Queensland, harmonised WHS Act 2011 in Queensland
- SafeWork NSW, harmonised WHS Act 2011 in New South Wales
- Asbestos identification, identifying suspect ACM before demolition or renovation
- Manual handling, WorkSafe WA enforcement also covers musculoskeletal hazards
- Notifiable incident, plain-English definition of what triggers immediate notification
- White card, general construction induction, required before any WA construction site entry
- HRCW, high-risk construction work definition
- Improvement notice, formal WorkSafe WA direction to remedy a WHS contravention
- Prohibition notice, WorkSafe WA direction to stop an activity due to serious risk
Last updated: 2026-05-10. Verified: 2026-05-10. Quarterly review for currency: check WorkSafe WA for updated penalty amounts, new enforcement campaign priorities, and any amendments to the Work Health and Safety Act 2020 (WA) or the Work Health and Safety (General) Regulations 2022.