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Work Health and Safety Act 2020 (WA)

Work Health and Safety Act 2020 (WA) statutory work-health-and-safety duties applicable to a PCBU with onsite project-logistics operations — PCBU primary duty of care (s.19), officer due diligence (s.27), notifiable-incident notification and site preservation (ss.38-39), worker consultation and representation (Part 5 Divisions 3-4), and the right to cease unsafe work (s.84)

Requirements
6
Last reviewed
19/06/2026
Next review
19/06/2027
Source
Work Health and Safety Act 2020 (WA) — in-force consolidation, currency start 28 May 2026 (PCO version 00-h0-01), legislation.wa.gov.au

Reconciliation notes

Standalone framework split out from `iso-45001-2018.md` on 2026-06-19 (WMS completion arc, P1.3) per the P1.1 framework-membership adjudication (CF: 'split it out'). These six duties previously lived as the embedded 'WA WHS Act 2020' series ISO45001-WA-01..06 inside the ISO 45001 file; conflating a WA statutory duty of care with the ISO 45001 management-system standard was an audit-trust hazard (an auditor following 'ISO45001-WA-01' expected an ISO clause but found a WA statute duty). The rows were re-identified ISO45001-WA-0N -> WHS-WA-{section}-01 and moved here; downstream generator TRACEABILITY, document manifests and Astro complianceRefs were repropagated to the new IDs in the same change. Scope decisions: (a) the six core PCBU/officer/worker duties a project-logistics integrator with onsite operations is exposed to are captured — s.19 primary duty of care, s.27 officer due diligence, s.38 notifiable-incident notification, s.39 incident-site preservation, Part 5 Divisions 3-4 worker consultation/representation (HSRs and HSCs), and s.84 right to cease unsafe work; (b) s.27 is the 'officer due-diligence expansion' named in the P1.3 brief — the single row now carries the verbatim s.27(5)(a)-(f) six due-diligence elements (the prior summary listed only five and merged paragraph (f), the 'verify' limb), making each element auditable from the requirement text without proliferating into six evidence-bearing rows that would overstate either QHSE-MAN-001 coverage or the gap count; (c) PRIMARY-SOURCE CORRECTION — the prior row asserted a '5 days initial' HSR training entitlement; the day-count is NOT in the Act (s.72 defers the course requirement to the WHS (General) Regulations 2022), so the figure was removed and attributed to the Regulations; (d) s.38 mechanics corrected to the verified statute — notice 'immediately' (s.38(1)) by 'the fastest possible means' (s.38(2)), and the 48-hour written notice is conditional on the regulator requiring it (s.38(4)(b)), with a 5-year incident-record obligation (s.38(7)); (e) coverage ratings (Full/Partial) are PRESERVED from the iso-45001 baseline — coverage re-rating is the P2 (coverage-accuracy) phase's job, not this membership/extraction pass; (f) NOT built this pass (future candidates if a control need materialises) — s.30A industrial manslaughter (a WA modification of the model law) and the Category 1-3 offence/penalty tiers (ss.31-33), the s.85 HSR cessation direction and the s.90 PIN power as standalone rows, and the WHS (General) Regulations 2022 control rows; these are noted here so the omission is deliberate, not accidental. Relationship to siblings: ISO 45001:2018 (`iso-45001-2018.md`) is the prevention/management-system standard; `workers-comp-wa.md` is the post-injury compensation/return-to-work layer; this framework is the WA statutory duty-of-care layer that those operate within. Totals: 6 requirements; Applicable 6; Coverage Full 4, Partial 2, Gap 0. Primary anchor documents: QHSE-MAN-001 (WMS Manual), GOV-POL-002 (WHS Policy), GOV-POL-017 (Stop Work Authority).

Requirements

Showing 6 of 6 requirements

IDClauseRequirementApplicabilityCoverageEvidenceGap
WHS-WA-19-01WHS Act 2020 (WA) s.19A person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers it engages or whose work it influences or directs while at work (s.19(1)), and that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking (s.19(2)). The duty includes (s.19(3)): a safe work environment; safe plant and structures; safe systems of work; safe use, handling, storage and transport of plant, structures and substances; adequate facilities for welfare; information, training, instruction and supervision; and monitoring of conditions and worker health to prevent illness or injury.ApplicableFull
  • QHSE-MAN-001 §5.1Manual §5.1 commits to primary duty of care across all WMS operations.
  • GOV-POL-002 §Policy StatementWHS Policy restates PCBU primary duty.
  • GOV-POL-017 §ScopeStop Work Authority policy scope extends to all directors, workers, contractors, labour-hire workers and visitors at any Westlink workplace — operationalises the s.19 PCBU primary duty as it applies to work that is dangerous to health and safety.
  • GOV-POL-007 §ScopeInjury management scope operationalises the WHS Act 2020 (WA) s.19 PCBU primary duty — Westlink's duty of care extends through the rehabilitation and return-to-work cycle.
  • GOV-POL-014 §Organisational ContextSexual harassment classified as psychosocial hazard under WHS Act 2020 (WA) s.19 PCBU primary duty.
  • GOV-POL-003 §ScopeScope — all workers and affected persons; Zero tolerance for impairment at work; Prohibition of illicit substances at workplaces
  • GOV-POL-006 §ScopeScope — all workers and workplaces; Commitment — eliminate/minimise psychosocial risks SFAIRP
  • QHSE-POL-001 §Policy CommitmentsChain of Responsibility Policy — commits to vehicle standards and incident reporting.
  • QHSE-PRO-011 §Monitoring / Risk AssessmentsFatigue managed as a s.19 health risk via safe systems of work and health/condition monitoring.
WHS-WA-27-01WHS Act 2020 (WA) s.27An officer of the PCBU must exercise due diligence to ensure the PCBU complies with its duties and obligations under the Act (s.27(1)). Due diligence includes taking reasonable steps (s.27(5)): (a) to acquire and keep up-to-date knowledge of work health and safety matters; (b) to gain an understanding of the nature of the operations of the business or undertaking and generally of the hazards and risks associated with those operations; (c) to ensure the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; (d) to ensure the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; (e) to ensure the PCBU has, and implements, processes for complying with any duty or obligation under the Act; and (f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).ApplicablePartial
  • QHSE-MAN-001 §5.1Manual §5.1 leadership commitment and executive responsibilities address officer due diligence at management system level.
Low
Officer due diligence is addressed through the management system (leadership commitment, executive responsibilities, management review) but is not documented as a standalone officer obligation enumerating the six s.27(5) due-diligence elements (a)-(f). Add an officer due-diligence statement mapping each of the six elements to its supporting WMS process — to the governance section of QHSE-MAN-001 or to Management Review inputs — and brief officers (CEO, directors, QHSE Manager) on the personal s.27 exposure.
WHS-WA-38-01WHS Act 2020 (WA) s.38A PCBU must ensure the regulator (WorkSafe WA) is notified immediately after becoming aware that a notifiable incident — the death of a person (ss.35-36), a serious injury or illness (s.36), or a dangerous incident (s.37) — has occurred at a workplace (s.38(1)). Notice must be given by the fastest possible means (s.38(2)), by telephone or in writing (s.38(3)); a person who notifies by telephone must, if required by the regulator, give written notice of the incident within 48 hours of that requirement being made (s.38(4)). The PCBU must keep a record of each notifiable incident for at least 5 years from the day notice is given (s.38(7)).ApplicableFull
  • QHSE-MAN-001 §10.2Manual §10.2 incident investigation and reporting procedures reference WorkSafe notification obligations and escalation paths.
WHS-WA-39-01WHS Act 2020 (WA) s.39The person with management or control of a workplace at which a notifiable incident has occurred must ensure, so far as is reasonably practicable, that the site where the incident occurred is not disturbed until an inspector arrives, or any earlier time an inspector directs (s.39(1)). 'Site' includes any plant, substance, structure or thing associated with the notifiable incident (s.39(2)). The duty does not prevent action (s.39(3)): to assist an injured person; to remove a deceased person; that is essential to make the site safe or to minimise the risk of a further notifiable incident; associated with a police investigation; or for which an inspector or the regulator has given permission.ApplicableFull
  • QHSE-MAN-001 §10.2Manual §10.2 incident reporting references scene management; verify explicit s.39 site-preservation requirements are documented.
WHS-WA-50-01WHS Act 2020 (WA) Part 5 Div 3-4 (ss.50-79)Workers may request the election of one or more Health and Safety Representatives (HSRs) for a work group (s.50). The PCBU must facilitate the determination of work groups and the election of HSRs (ss.50-67) and must not unreasonably delay. An HSR is entitled to attend an approved training course the HSR is entitled to under the WHS (General) Regulations 2022, with the PCBU allowing time off and meeting the course fees and reasonable costs (s.72). HSRs may direct that unsafe work cease (s.85) and may issue provisional improvement notices (PINs) (s.90). The PCBU must establish a Health and Safety Committee (HSC) within 2 months of being requested to do so by an HSR or by 5 or more workers at the workplace, or as required by the regulations (s.75).ApplicablePartialLow
No formal HSR election procedure or HSC terms of reference is documented. While no HSR election has been requested (small workforce), the procedure should exist so the PCBU can comply if requested. Consider whether the current workforce warrants proactively establishing an HSR/HSC for JOSCAR and ISO 45001 audit optics. Note the HSR training-day entitlement is set by the WHS (General) Regulations 2022, not the Act.
WHS-WA-84-01WHS Act 2020 (WA) s.84A worker may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose the worker, or any other person, to a serious risk to health or safety emanating from an immediate or imminent exposure to a hazard (s.84(1)). The worker must notify the PCBU and is to be available to carry out suitable alternative work; the PCBU must not require the worker to resume work until the matter is resolved, and the worker must not suffer adverse consequences for a reasonable exercise of the right. (s.84(2) carves out certain police covert or dangerous operations.)ApplicableFull
  • GOV-POL-002 §Policy StatementWHS Policy affirms right to stop work.
  • GOV-POL-017 §PurposeStop Work Authority policy establishes the worker authority and obligation to cease unsafe work and reinforces the s.84 right to cease — direct primary anchor. No-reprisal commitment (Commitment 3) protects exercise of the right.
Source document

Work Health and Safety Act 2020 (WA) statutory work-health-and-safety duties applicable to a PCBU with onsite project-logistics operations — PCBU primary duty of care (s.19), officer due diligence (s.27), notifiable-incident notification and site preservation (ss.38-39), worker consultation and representation (Part 5 Divisions 3-4), and the right to cease unsafe work (s.84)

6 normative shall-statements extracted from Work Health and Safety Act 2020 (WA) (source: Work Health and Safety Act 2020 (WA) — consolidated compilation, legislation.wa.gov.au (Act No. 036 of 2020; assent 10 Nov 2020; commenced 31 March 2022)). The frontmatter requirements array is the source of truth — this body is rendered by scripts/render_compliance.py.

Coverage summary

CoverageCount
✅ Full4
🟡 Partial2
🟠 Ref-only0
🔴 Gap0
— N/A0

Gap severity distribution

SeverityCount
🔴 Critical0
🟠 High0
🟡 Medium0
🟢 Low2

Requirements

Clause WHS Act 2020 (WA) Part 5 Div 3-4 (ss

IDCoverageEvidenceGapNotes
WHS-WA-50-01🟡 PartialQHSE-MAN-001 §‘7.4’
[GOV-POL-002 §Policy Statement](/wms/GOV-POL-002#sPolicy Statement)
[QHSE-PRO-010 §‘Responsibilities / Issue and dispute resolution’](/wms/QHSE-PRO-010#s’Responsibilities / Issue and dispute resolution’)
🟢 LowNo formal HSR election procedure or HSC terms of reference is documented. While no HSR election has been requested (small workforce), the procedure should exist so the PCBU can comply if requested. Consider whether the current workforce warrants proactively establishing an HSR/HSC for JOSCAR and ISO 45001 audit optics. Note the HSR training-day entitlement is set by the WHS (General) Regulations 2022, not the Act.

Clause WHS Act 2020 (WA) s

IDCoverageEvidenceGapNotes
WHS-WA-19-01✅ FullQHSE-MAN-001 §‘5.1’
[GOV-POL-002 §Policy Statement](/wms/GOV-POL-002#sPolicy Statement)
GOV-POL-017 §Scope
GOV-POL-007 §Scope
[GOV-POL-014 §Organisational Context](/wms/GOV-POL-014#sOrganisational Context)
GOV-POL-003 §Scope
GOV-POL-006 §Scope
[QHSE-POL-001 §Policy Commitments](/wms/QHSE-POL-001#sPolicy Commitments)
[QHSE-PRO-011 §‘Monitoring / Risk Assessments’](/wms/QHSE-PRO-011#s’Monitoring / Risk Assessments’)
WHS-WA-27-01🟡 PartialQHSE-MAN-001 §‘5.1’🟢 LowOfficer due diligence is addressed through the management system (leadership commitment, executive responsibilities, management review) but is not documented as a standalone officer obligation enumerating the six s.27(5) due-diligence elements (a)-(f). Add an officer due-diligence statement mapping each of the six elements to its supporting WMS process — to the governance section of QHSE-MAN-001 or to Management Review inputs — and brief officers (CEO, directors, QHSE Manager) on the personal s.27 exposure.
WHS-WA-38-01✅ FullQHSE-MAN-001 §‘10.2’
WHS-WA-39-01✅ FullQHSE-MAN-001 §‘10.2’
WHS-WA-84-01✅ Full[GOV-POL-002 §Policy Statement](/wms/GOV-POL-002#sPolicy Statement)
GOV-POL-017 §Purpose

Rendered from frontmatter by scripts/render_compliance.py. Source extraction: scripts/extract_iso9001_requirements.py. Evidence population: scripts/populate_iso9001_evidence.py. Validate: scripts/compliance_validate.py.