Relevant legislation

Mentally healthy workplaces: Resources for workers

Mentally healthy workplaces: Resources for workers

What legislation applies?

The current mining, petroleum and general industry legislation does not include a definition of ‘health’ and does not explicitly cover mental health. However, the Department of Mines, Industry Regulation and Safety considers the intent of the legislation, and interprets ‘health’ to mean physical and psychological (mental) health.

The parts of occupational safety and health legislation administered by the Department that may be applicable to mentally healthy workplaces are listed below.

Occupational Safety and Health Act 1984
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Part III, Division 2 – General workplace duties

  • s. 19 Duties of employers
  • s. 20 Duties of employees
  • s. 21 Duties of employers and self-employed persons
  • s. 22 Duties of persons who have control of workplaces
  • s. 23 Duty of employer to maintain safe premises
Occupational Safety and Health Regulations 1996
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Part 3, Division 1 – General duties applying to workplaces

  • r. 3.1 Identification of hazards, and assessment and reduction of risks, duties of employer etc. as to
Mines Safety and Inspection Act 1994
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Part 2, Division 2 – General duties

  • s. 9 Employers, duties of
  • s. 10 Employees, duties of
  • s. 12 Employers and self-employed persons, duties of
  • s. 13 Principal employers and managers, duties of
Mines Safety and Inspection Regulations 1995
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Part 3, Division 1 – Exploration operations

  • r. 3.6 Training of persons

Part 3, Division 1 – Exploration operations

  • r. 3.13(1)(b) Project management plan to be provided for mine operations
Petroleum and Geothermal Energy Resources Act 1967
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Schedule 1, Division 2 – Occupational safety and health

  • cl. 7 Duties of operator
  • cl. 8 Duties of persons in control of parts of petroleum operation or geothermal energy operation
  • cl. 9 Duties of employers
  • cl. 13 Duties of persons in relation to occupational safety and health
Petroleum and Geothermal Energy Resources (Occupational Safety and Health) Regulations 2010
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Part 4 – Matters relating to occupational safety and health generally

  • r. 28 Avoiding fatigue
Petroleum Pipelines Act 1969
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Schedule 1, Division 2 – Occupational safety and health

  • cl. 7 Duties of licensee
  • cl. 8 Duties of persons in control of parts of pipeline operation
  • cl. 9 Duties of employers
  • cl. 13 Duties of persons in relation to occupational safety and health
Petroleum Pipelines (Occupation Safety and Health) Regulations 2010
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Part 4 – Matters relating to occupational safety and health generally

  • r. 28 Avoiding fatigue
Petroleum (Submerged Lands) Act 1982
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Schedule 5, Division 2 – Occupational safety and health

  • cl. 8 Duties of operator
  • cl. 9 Duties of persons in control of parts of facility or particular work
  • cl. 10 Duties of employers
  • cl. 14 Duties of persons in relation to occupational safety and health
Petroleum (Submerged Lands) (Occupational Safety and Health) Regulations 2007
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Part 4 – Matters relating to occupational safety and health generally

  • r. 27 Avoiding fatigue
Other legislation to consider
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  • Equal Opportunity Act 1984
  • Fair Work Act 2009 (Commonwealth)
  • Industrial Relations Act 1979
  • Privacy Act 1988 (Commonwealth)
  • Rail Safety National Law (WA) Act 2015

Note: The only authorised versions of the Act and regulations are those available from the Department of Justice (www.legislation.wa.gov.au), the official publisher of WA legislation and statutory information.

The occupational safety and health legislation administered by the Department of Mines, Industry Regulation and Safety can be found on the State Law Publisher website.