WorkSafe WA: What PCBUs and Workers Need to Know

Workplace safety in Western Australia is not simply a matter of good intentions. It is a legal framework with real consequences for those who fail to meet their obligations. Whether you are running a business, managing a worksite, or showing up for a shift, understanding how WorkSafe WA operates could be the difference between a compliant, protected workplace and one facing serious penalties or, worse, a preventable tragedy.

WorkSafe WA is the state's primary regulatory body responsible for enforcing occupational safety and health laws, and its reach extends across virtually every industry in the state. For PCBUs (persons conducting a business or undertaking) and workers alike, navigating this regulatory landscape requires more than a surface-level awareness.

In this analysis, we break down what WorkSafe WA actually does, what your legal duties are under Western Australian legislation, how inspections and enforcement work in practice, and what steps both businesses and workers should take to remain compliant. If you operate in WA, this is a framework you need to understand thoroughly, not just in principle, but in practice.

What Is WorkSafe WA?

WorkSafe WA is the dedicated workplace health and safety regulator for Western Australia, sitting within the Department of Energy, Mines, Industry Regulation and Safety (DEMIRS). The WorkSafe Commissioner serves as the designated regulator under the state's WHS legislation, with a stated vision of safe and healthy workplaces across Western Australia. It is the body most workers, supervisors, and PCBUs will deal with when it comes to compliance, licensing, and enforcement.

WorkSafe WA administers the Work Health and Safety Act 2020 (WA) and the Work Health and Safety (General) Regulations 2022, both of which came into operation on 31 March 2022. This brought WA into alignment with harmonised WHS laws already adopted across most other Australian jurisdictions, replacing the former Occupational Safety and Health Act 1984 (WA).

In practical terms, WorkSafe WA conducts workplace inspections, investigates incidents, issues improvement and prohibition notices, and prosecutes breaches of WHS law. It is also the issuing authority for High Risk Work Licences (HRWLs), covering scaffolding, boom-type elevating work platforms, dogging, and rigging classes.

WorkSafe also publishes codes of practice, guidance materials, and data to help PCBUs and workers understand their legal obligations. You can find legislation details and compliance resources directly on the WorkSafe WA website, and Safe Work Australia lists WorkSafe WA as the official WHS regulator contact for Western Australia.

The Work Health and Safety Act 2020 (WA) -- What Changed?

Western Australia's workplace safety landscape shifted significantly on 31 March 2022, when the Work Health and Safety Act 2020 (WA) came into force, replacing the Occupational Safety and Health Act 1984. The change brought WA broadly in line with the national Model WHS laws, meaning businesses operating across state borders now face more consistent obligations Australia-wide.

One of the most consequential changes was the formal introduction of industrial manslaughter as a criminal offence under Section 30A of the Act. If a PCBU's negligent conduct causes a worker's death, individuals face up to 20 years imprisonment, while body corporates face fines of up to $10 million. For context, the previous maximum corporate penalty under the OSH Act was $2.7 million, meaning the stakes nearly quadrupled overnight. Critically, the Act prohibits insurance policies from covering WHS penalties, so these costs fall directly on the business or responsible individual.

The Act also replaced the traditional employer/employee framework with the broader concept of a Person Conducting a Business or Undertaking (PCBU). This captures sole traders, contractors, subcontractors, labour hire companies, and partnerships, extending the duty of care well beyond direct employment relationships. As Sparke Helmore's legislative analysis notes, this was a fundamental structural shift, not simply a terminology update.

Rather than reacting to incidents after the fact, PCBUs now carry a positive primary duty of care to eliminate or minimise risks so far as is reasonably practicable. This proactive obligation extends to psychological health, not just physical safety. Supporting this framework, the WHS Regulations 2022 (WA) introduced detailed site-specific requirements for high-risk work, including mandatory Safe Work Method Statements (SWMS) for falls of 2 metres or more, confined space entry permits, and confirmed rescue plans as conditions of any compliant Permit to Work system.

Who Does WorkSafe WA Apply To? Understanding PCBU Obligations

If you run any kind of business or undertaking in Western Australia, the WHS Act applies to you. The PCBU framework explained in this guide is deliberately broad by design, capturing sole traders, partnerships, civil construction firms, electrical contractors, industrial companies, and even government departments. If you are self-employed and working from home, your home workspace is treated as a workplace under the Act. There is no threshold of size or turnover that exempts you from these obligations.

Under Section 19 of the WHS Act 2020, PCBUs must ensure, so far as is reasonably practicable, the health and safety of workers and others affected by the work being carried out. In practical terms, this means providing and maintaining a safe work environment, safe plant and structures, safe systems of work, and adequate information, training, instruction, and supervision. Where a risk cannot be eliminated, it must be minimised as far as is reasonably practicable.

On shared worksites, such as construction sites or industrial shutdowns, multiple PCBUs frequently operate alongside each other. Section 46 of the Act requires those PCBUs to consult, cooperate, and coordinate with one another. This is not optional; it is a legal duty. For the industries Safety Heights and Rescue Training supports across Perth, the Southwest, Goldfields, and Murchison, this shared-site obligation is a daily operational reality.

Workers also carry responsibilities under Section 28, including taking reasonable care for their own safety, avoiding actions that put others at risk, following reasonable PCBU instructions, and cooperating with WHS policies and procedures.

Penalties for non-compliance are serious. As detailed in 7 things you need to know about WA's WHS changes, corporate bodies can face fines up to $10 million for industrial manslaughter offences, while individuals can face up to 20 years imprisonment. Improvement notices, prohibition notices, and enforceable undertakings are also available enforcement tools, and critically, insurance cannot be used to cover WHS penalties.

Working at Heights in WA -- The Rules You Need to Know

Working at heights in Western Australia is one of the most tightly regulated areas of workplace safety, and for good reason. WorkSafe WA reported three roof fall fatalities in WA in 2024 alone, and nationally, falls from height accounted for 24 worker deaths in the same year. The rules exist because the consequences of getting it wrong are irreversible.

Under Regulation 78 of the WHS (General) Regulations 2022 (WA), a PCBU must manage the risk of a fall from one level to another that is reasonably likely to cause injury. This duty applies regardless of the height involved, meaning there is no minimum drop below which a PCBU can simply ignore the risk. Whether someone is stepping up onto a loading dock or working on a multi-storey structure, the obligation to assess and control fall risks is absolute. You can read more about managing the risk of falls at workplaces directly on the WorkSafe WA website.

Where a fall of 2 metres or more is involved, or where construction work is being performed, a Safe Work Method Statement (SWMS) becomes mandatory under Regulation 291 of the WHS Regulations 2022 (WA). This SWMS must be site-specific, address the actual hazards present, and be accessible to workers before and during the task.

When it comes to controls, WA law requires the hierarchy of controls to be applied in sequence:

• Elimination comes first, for example, redesigning the task so it can be completed from ground level

• Engineering controls such as guardrails, edge protection, and scaffolding are the next priority

• Administrative controls including safe work procedures and supervision follow

• PPE such as a full-body fall arrest harness compliant with AS/NZS 1891 is the last resort, not the first response

This is where many workplaces fall short. Reaching for a harness before considering guardrails or scaffolding is a common compliance failure under WA law.

Critically, Regulation 80 of the WHS Regulations 2022 (WA) requires a confirmed rescue plan to be in place as part of any compliant Permit to Work system for height work. A harness alone does not make a job site compliant. Prolonged suspension in a harness after a fall can itself cause serious injury, which is exactly why a rescue plan is a legal requirement, not a paperwork formality. For a detailed breakdown of these obligations, the WA Fall Protection Guide provides useful context.

A note on jurisdiction: As of 1 July 2026, South Australia lowered its mandatory SWMS threshold from 3 metres to 2 metres. WA already required SWMS at 2 metres under Regulations 78 and 291. These are separate jurisdictional developments and should not be confused. Always verify current requirements directly with WorkSafe WA before making compliance decisions.

Confined Space Entry Requirements Under WA Regulations

Confined spaces are a serious compliance area under Western Australian law, and the regulatory requirements are detailed and non-negotiable. Under Regulation 5 of the Work Health and Safety (General) Regulations 2022, a confined space is defined as an enclosed or partially enclosed space not designed for human occupancy, operating at normal atmospheric pressure, where there is a risk of oxygen deficiency, flammable atmosphere, harmful airborne contaminants, or engulfment. Common examples in WA industries include storage tanks, silos, pressure vessels, sewers, and complex machinery housings.

Entry Permits, Atmospheric Testing, and Standby Persons

Before any worker enters a confined space, three non-negotiable controls must be in place. First, atmospheric testing is mandatory under WA regulations, with safe thresholds sitting between 19.5% and 23.5% oxygen content and flammable gases below 5% of the lower explosive limit. Testing must continue for the entire duration of work inside the space. Second, under Regulation 67 of the WHS (General) Regulations 2022, a formal written entry permit must be completed by a competent person before entry, identifying the hazards, controls, authorised entrants, and time period for work. Third, Regulation 76 requires a standby person stationed outside the space continuously, with the means to communicate with entrants and initiate emergency procedures. For further detail, WorkSafe WA's WHS duties guidance on confined spaces outlines these obligations clearly.

Hierarchy of Controls and the Code of Practice

The SafeWork Australia Model Code of Practice for Confined Spaces, updated in November 2024, establishes the mandatory hierarchy of controls: elimination first, then isolation, engineering controls, administrative controls, and PPE as a last resort. Importantly, under the WHS Act 2020 (WA), a code of practice carries legal weight and can be used as evidence in court proceedings of what is considered reasonably practicable. If your system does not reflect the code, you must demonstrate your alternative approach is equally or more effective, which is a difficult position to defend. WorkSafe WA has published an aligned confined spaces code of practice reflecting WA-specific regulatory requirements, detailed further in this explanation of the Code of Practice for Confined Spaces in WA.

Training Requirements and SWMS Standards

Workers entering confined spaces must hold nationally recognised training under the Australian Qualifications Framework. The applicable unit is MSMWHS217, Work safely in confined spaces, and this is the benchmark standard for WA compliance. At Safety Heights and Rescue Training (RTO 52610), we deliver this unit as part of our confined space training programme, tailored to the industries we serve across Perth, the Goldfields, and regional WA.

One area where many businesses fall short is the Safe Work Method Statement. A SWMS for confined space entry must be site-specific, addressing the actual hazards present at that location, and must be accessible to all workers on site. Downloading a generic template from the internet does not satisfy the WA regulatory standard. A generic SWMS fails to capture site-specific hazards and therefore does not demonstrate the due diligence required under the WHS Regulations 2022.

High Risk Work Licences (HRWLs) Issued by WorkSafe WA

WorkSafe WA is the issuing authority for High Risk Work Licences in Western Australia, and one point worth emphasising up front is that these are individual licences. They are held by the worker personally, not the business or employer. That distinction matters a great deal in practice. A PCBU cannot substitute a company policy or an internal sign-off for a valid HRWL. The licence must sit with the person actually performing the high-risk task.

For businesses operating in civil construction, electrical, and industrial environments, the most commonly required HRWL classes include Scaffolding (Basic: SB, Intermediate: SI, Advanced: SA), Boom-type Elevating Work Platform (WP), Dogging (DG), and Rigging (Basic: RB, Intermediate: RI, Advanced: RA). It is worth noting that the WP licence specifically applies to boom-type EWPs with a boom length of 11 metres or more. EWPs below that threshold do not require an HRWL, which is a distinction that often catches employers off guard.

To obtain an HRWL, a worker must complete nationally recognised training through a registered RTO, be formally assessed as competent, and then apply to WorkSafe WA within 60 days of that assessment. Missing that window means the process starts again.

HRWLs are valid for five years and must be renewed before expiry. Allowing a licence to lapse, or directing a worker to perform high-risk work without a current licence, exposes both the individual and the PCBU to significant penalties under the Work Health and Safety Act 2020 (WA). PCBUs carry a positive duty to verify that every worker assigned to a high-risk task holds a current, appropriate licence before work begins. WorkSafe WA provides an online licence verification tool to support exactly that process.

Safe Work Method Statements -- What WA Requires

A Safe Work Method Statement (SWMS) is a written document that identifies high-risk construction work activities, the associated hazards, and the control measures that will be applied before work begins. It is not a retrospective record or a tick-box exercise. It is a legally required, practical document that must exist on site before the first worker starts the task.

Under the Work Health and Safety (General) Regulations 2022 (WA), a SWMS is mandatory for High Risk Construction Work (HRCW). Regulation 291 specifically requires a SWMS for construction work involving a fall of 2 metres or more. Beyond working at heights, other HRCW categories that trigger a SWMS obligation include confined space entry, work near energised electrical installations, work in areas of artificial extremes of temperature, and excavation deeper than 1.5 metres.

One of the most common compliance failures WorkSafe WA inspectors identify is the use of generic, template-based SWMS documents that have not been adapted for the actual site and task. A SWMS must be site-specific. It needs to reflect the real hazards present at that particular location, using the actual equipment and controls in place. Every worker carrying out the high-risk work must have access to the current SWMS and must have the opportunity to review it before starting.

PCBUs carry an ongoing obligation to review and revise a SWMS whenever site conditions change, new equipment is introduced, a control measure fails, or the document is otherwise no longer adequate to manage identified risks.

In 2026, reliance on paper-based SWMS and Permit to Work systems is increasingly viewed as a compliance liability. Maintaining a digital audit trail is now considered best practice for demonstrating due diligence under WA WHS law, particularly given the stricter penalties introduced under the WHS Act 2020 for negligence and industrial manslaughter.

The Role of Training in WorkSafe WA Compliance

Training is not a box-ticking exercise under Western Australian law. The Work Health and Safety Act 2020 (WA) places a clear and enforceable duty on every PCBU to provide adequate information, training, instruction, and supervision as part of a compliant safe system of work. This is a legal obligation, not a discretionary add-on. As of 2026, WorkSafe WA inspectors are actively auditing workplaces for compliance, and transitional provisions are long gone. If your workers are entering confined spaces, working at heights, or responding to emergencies without verified, current training, your business is exposed.

For high-risk activities, training must be nationally recognised and delivered through a Registered Training Organisation (RTO) accredited by the Australian Skills Quality Authority (ASQA). You can verify any provider's registration status through training.gov.au. This matters most for confined space entry, working at heights, gas testing, breathing apparatus, and emergency response roles, where demonstrated competency is a regulatory expectation, not just good practice.

One risk worth flagging clearly: online courses referencing US OSHA standards frequently appear in Australian search results for WHS training. These courses are not aligned with the WHS Act 2020 (WA), the WHS Regulations 2022, or the Australian nationally recognised training framework. They would not satisfy a WorkSafe WA compliance audit. Always confirm that course units align with nationally recognised training packages before enrolling your workers.

On refresher training, the WHS Regulations 2022 do not specify a universal fixed interval. However, PCBU duty of care obligations mean training currency must be reviewed regularly, particularly when personnel change, incidents occur, or regulations are updated. Industry practice reflects this reality, with structured refresher options available for confined space, heights, and gas testing.

Safety Heights (RTO 52610), based in Naval Base, Perth, delivers nationally recognised training across confined space entry, working at heights, gas testing, low voltage rescue and CPR, breathing apparatus, and fire warden courses. All courses are aligned with WorkSafe WA compliance requirements and the WHS Regulations 2022, supporting PCBUs across Perth, the Southwest, Goldfields, and Murchison regions to meet their legal obligations with confidence.

Rescue Planning -- The Obligation PCBUs Often Overlook

Regulation 80 of the Work Health and Safety (General) Regulations 2022 (WA) is one of the most commonly misunderstood compliance obligations in high-risk work environments. It requires that a confirmed rescue plan be in place before any height work begins under a Permit to Work system. A harness and lanyard do not satisfy this requirement. They are fall arrest equipment, not a rescue arrangement. If a worker is suspended following a fall arrest event, someone needs to get them down safely and quickly, and that capability must be documented, resourced, and ready before work starts.

The same obligation applies to confined space entry. Under the WHS Regulations 2022, the entry permit must document emergency and rescue procedures, and a standby person must be stationed outside the space and capable of initiating a rescue response throughout the entire duration of the entry. "Capable" is the operative word here. Being present is not enough; the standby person must be trained and competent to respond.

A compliant rescue plan must identify who will perform the rescue, what equipment will be used, how communications will be maintained, and what the evacuation route and emergency services contact arrangements are. For sites in the Goldfields or Murchison, where public emergency services response times can be measured in hours rather than minutes, this last point carries serious weight.

A rescue plan that exists only on paper and has never been practised is unlikely to satisfy a WorkSafe WA inspector following a serious incident. Workers involved in emergency response must be trained, competent, and familiar with the specific conditions of each site.

Safety Heights provides shutdown emergency response services and nationally recognised rescue training across Perth and regional Western Australia, including the Goldfields and Murchison regions. For PCBUs who lack in-house rescue capability, particularly during shutdowns and maintenance operations, this is a practical and compliant solution to meeting Regulation 80 obligations with trained, equipped response teams.

Staying on the Right Side of WorkSafe WA

The obligations under the Work Health and Safety Act 2020 (WA) are clear and enforceable. As a PCBU, your duty of care extends to everyone on site. SWMS are mandatory for work at heights of 2 metres or more. Confined space entry requires permits, atmospheric testing, and a standby person stationed outside at all times. High Risk Work Licences must be verified before licensed work begins. And Regulation 80 rescue planning must be documented and practised, not filed away and forgotten.

Training sits at the centre of all of it. It is a legal mechanism through which a PCBU demonstrates that workers have the skills and instruction to perform high-risk work safely. That training must come from an ASQA-registered RTO delivering nationally recognised units aligned with WA WHS law. Online courses referenced to OSHA standards do not meet this requirement, regardless of price or convenience.

If you are reviewing your compliance position, start with WorkSafe WA's published overview of the WHS Act, then seek guidance tailored to your specific industry and site conditions.

The team at Safety Heights (RTO 52610), based in Naval Base, Perth, can assist with training needs, emergency response planning, and shutdown support across WA. Reach out to discuss what your site actually requires.

The penalties under the WHS Act 2020 (WA) are serious, and enforcement is active. Getting the right training and systems in place is simply the most practical way to protect your workers and your business.

Conclusion

Workplace safety in Western Australia is not optional, and understanding WorkSafe WA is the first step toward building a culture where everyone goes home safe. To summarize the key takeaways: PCBUs carry significant legal duties to eliminate or minimize risks; workers have both rights and responsibilities under WA legislation; inspections can occur at any time and non-compliance carries serious consequences; and proactive safety management is always preferable to reactive damage control.

Now is the time to act. Review your workplace safety policies, consult the WorkSafe WA guidelines relevant to your industry, and invest in proper training for your team. Do not wait for an incident or an inspector's visit to prompt action.

A safe workplace protects your people, your business, and your reputation. Start building that foundation today.