WORK HEALTH AND SAFETY
ACT
732. Hon MARTIN ALDRIDGE to the Leader of the House
representing the Minister for Emergency Services:
I refer to the passage of the Work
Health and Safety Act 2020 and the expected proclamation of its operative
provisions shortly.
(1) Is the
minister aware of growing concern among emergency service volunteers and local
governments about the application of the act?
(2) What work has
the minister or the Department of Fire and Emergency Services commissioned to
assist volunteers as well as those who
engage with or direct volunteers in understanding the new statutory regime?
(3) What
assessment has DFES undertaken to ensure adequate workplace safety within
facilities under DFES and local government control?
(4) Will the
minister please table any information that he or DFES has prepared to guide and
support the implementation of the new act once proclaimed?
Hon SUE
ELLERY replied:
I thank the honourable member for
some notice of the question. I am sorry that this is a long answer, but the
scope of each part of the question canvasses quite broad matters. The member
has an answer, but I am sorry that it is a bit long.
(1)–(2) The
Department of Fire and Emergency Services commissioned expert advice to review
the new requirements associated with its responsibilities under the Work Health
and Safety Act. This work focused on volunteers, who are included in the
definition of ''worker'' under the WHS act. DFES is undertaking further analysis in relation to the
inclusion of volunteers in the definition of ''worker'' under
the WHS act, with a focus on worker safety and responsibility. This has
included a variety of scenarios under the emergency management framework,
including when direction of emergency response workers is provided by local
government; DFES; the Department of Biodiversity, Conservation and Attractions;
and Western Australia Police Force staff. DFES provides bushfire response
training to volunteers, local government
staff and DBCA. Local governments are provided with a training budget in their
local government grant scheme operating grant from the emergency services levy.
This is to cover logistical costs associated with local level training.
The majority of bushfire training developed by staff at the DFES Bushfire
Centre of Excellence is designed to be delivered locally by DFES and/or
volunteer trainers.
DFES
is providing local governments with advice and support in relation to the new
legislation. DFES has assisted the local government insurance scheme and the Western
Australian Local Government Association to deliver a briefing to local
government staff and emergency services personnel. The briefing was accessible
statewide and covered responsibilities under the new legislation for farmers,
local government, DFES and DBCA across different bushfire scenarios. DFES has also
assisted in the development of a WALGA and LGIS publication that provides
information regarding the WHS act and responsibilities.
(3) DFES and
local governments have always had a duty of care for their workers, including
volunteers, and ensuring workplace safety remains a priority for DFES. DFES
continually undertakes workplace safety inspections of all DFES career and
volunteer facilities under its management. There is a safety reporting
mechanism for staff and volunteers to report any hazards, and safety incidents
are investigated to identify causes and risk mitigation. DFES has an existing
occupational health and safety governance and management framework, which is
being revised in the context of the new legislation.
Local governments safety matters will
need to be referred to the Minister for Local Government for a response.
(4) Given the
detail required, the information is unable to be provided in the time frame
available. I ask the member to place this part of the question on notice.