On 31 March 2022, the Work Health and Safety (WHS) laws replaced the health and safety elements of the Mines Safety and Inspection laws. For information visit www.demirs.wa.gov.au/whs
All health and safety notifications, forms and guidance for mining and petroleum has moved to the WorkSafe website
The information below has been left for historical compliance reference purposes
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.
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
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
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
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
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
Part 4 – Matters relating to occupational safety and health generally
- r. 28 Avoiding fatigue
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
Part 4 – Matters relating to occupational safety and health generally
- r. 28 Avoiding fatigue
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
Part 4 – Matters relating to occupational safety and health generally
- r. 27 Avoiding fatigue
- 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.