Protective clothes

The Western Australian (WA) Government is modernising WA’s work health and safety legislation covering mining, petroleum and Major Hazard Facilities (MHFs).

The Department of Mines and Petroleum (DMP) is consolidating the work health and safety aspects of mining, petroleum and MHF legislation into one Act – the Work Health Safety (Resources and Major Hazards) Act, which will be supported by a set of regulations, the Work Health Safety (Resources and Major Hazards) Regulations —summarised below as the WHS (R&MH) Regulations.

In 2016, the DMP engaged Marsden Jacob Associates to undertake consultation on the WHS (R&MH) Regulations. The consultation focused on the content of the proposed WHS (R&MH) Regulations that are being customised to suit WA resources industries.

This consultation was the final step to amalgamate resources work health and safety legislation in WA. Industry has already been consulted on the structure and content of the proposed resources work health and safety act in WA.

All stakeholders had an opportunity to participate in this review by making a submission in response to the Consultation Paper (published on 1 August 2016) with submissions invited by 9 September 2016. Opportunities to provide further input was also available through attendance at a stakeholder forum (held in Perth on 18 August 2015) and via two workshops hosted by the DMP (in Perth 25 August 2016) focusing on transitional arrangements.

Marsden Jacob completed their review of consultation responses and have submitted the Decision Regulatory Impact Statement.

Following the close of consultation, a Decision RIS was prepared and has since been endorsed by both the Regulatory Gate Keeping Unit and the Hon. Bill Marmion, WA Minister for Mines and Petroleum.


Consultation Regulatory Impact Statement

To support consultation on the WHS (R&MH) Regulations, Marsden Jacob Associates prepared a Consultation Regulatory Impact Statement (Consultation RIS) that presents the proposed reforms and suggests likely costs and benefits arising from the reforms.

The Consultation RIS and supporting documents are provided below:

How were submissions be made?

Stakeholders were invited to make submissions on the consultation document by Friday, 9 September 2016.

Respondents are invited to:

  • answer “guide questions” outlined in the Consultation RIS; and
  • provide general comments on the content of the Consultation RIS.

A Word version of the cover sheet and consultation “guide questions” was provided to facilitate preparation of submissions.

Submissions were received via email and hard copy.


Submissions

The following non-confidential submissions were received in response to the Consultation RIS:

  • Australian Institute of Mine Surveyors
  • Association of Mining and Exploration Companies (AMEC)
  • Australian Mines and Metals Association
  • Australian Pipelines and Gas Association
  • BP Kwinana Refinery
  • Mine Surveying Industry Response Committee
  • ATCO Gas
  • Goldfields 1st
  • Western Australian Institution of Surveyors
  • Amalgamated Prospectors & Leaseholders Association
  • P&S Safety Engineers
  • Chamber of Commerce and Industry of WA
  • Cement Concrete & Aggregates Australia (CCAA)
  • Safety Institute of Australia
  • Wesfarmers Chemicals Energy and Fertilisers (WesCEF)
  • BHP Billiton
  • Australian Petroleum Production & Exploration Association
  • Chamber of Minerals and Energy (CME)
  • Unions WA
  • Surveying and Spatial Sciences Institute

In addition to the above responses Marsden Jacob received a number of confidential responses. These responses came from a range of stakeholders including companies, individuals and consultants operating in the resource sector.

Marsden Jacob considered all responses received from stakeholders in the preparation of the Decision RIS.


Stakeholder forum & workshops

A stakeholder forum was held on Thursday, 18 August 2016. Presentations made on the day are available here:

In addition, DMP hosted two workshops to consult on the proposed Transitional Arrangements and Timeframes. These workshops were held on Thursday, 25 August 2016.


Background

Stages of Consultation-V3In 2014, DMP consulted with the mining, petroleum and MHF industries on the proposed structure for reforming safety legislation. Following the public consultation process, Marsden Jacob Associates produced a Decision RIS that recommended unifying work health and safety legislation covering mining, petroleum and MHFs into a single Act under one regulator, DMP.

The Decision RIS was endorsed by the Regulatory Gate Keeping Unit and the WA Minister for Mines and Petroleum, the Hon. Bill Marmion.

In 2015, DMP consulted with the mining, petroleum and MHF industries on content of the proposed WHS (Resources) Bill. Following the public consultation process, Marsden Jacob Associates produced a Decision RIS that recommended the development of the WHS (Resources) Bill to be considered by Parliament, with work progressing in parallel to, but independently of, the work health and safety legislation for general industry.

NOTE:At the time of the previous consultation the proposed Bill was called the Work Health and Safety (Resources) Bill. This title has been amended during the drafting of the Bill and the new title is reflected in this consultation.

For information on the previous consultations please refer to:


Further information

For further information on this consultation, please contact Alex Marsden on (08) 9324 1785 or email at amarsden@marsdenjacob.com.au.