Occupational Health, Safety and Welfare Act 1984

The Act is the law passed by Parliament that set out the overriding occupational health and safety obligations of duty holders, along with powers of inspectors, compliance requirements and administrative issues.

Occupational Safety and Health Act 1984

Regulations are designed to set out specific safety requirements. Compliance with Regulations is mandatory.  Regulations are more detailed and prescriptive than the Act.

Codes of Practice

A code of practice is defined in the Act as a document prepared for the purpose of providing:

• practical advice on preventative strategies; and 
• a practical means of achieving any code, standard, rule, provision or specification relating to occupational safety and health in Western Australia.

A code of practice may contain explanatory information.  The preventative strategies outlined do not represent the only acceptable means of achieving a certain standard.

A code of practice does not have the same legal force as a regulation and is not sufficient reason, of itself, for prosecution under the Act.

The codes of practice are developed by the Commission for Occupational Safety and Health.

Codes of practice: 

• should be followed, unless there is another solution which achieves the same or better result; and
• can be used to support prosecution for non-compliance

Guidance Notes

Guidance Notes provide detailed information on the requirements of legislation, regulations, standards and codes of practice and cover a broad range of issues, hazards and topics relating to occupational safety and health.

They are developed by the Commission for Occupational Safety and Health.