Work Health and Safety Regulations Amendment Regulations (No. 2) 2026 00-00-00 Xml

Western Australia

Work Health and Safety Regulations Amendment Regulations (No. 2) 2026

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Work Health and Safety (General) Regulations 2022 amended

3.Regulations amended2

4.Regulation 227 amended2

5.Regulation 234 amended2

6.Regulation 237 amended3

7.Regulation 246 amended3

Part 3 — Work Health and Safety (Mines) Regulations 2022 amended

8.Regulations amended5

9.Regulation 227 amended5

10.Regulation 234 amended5

11.Regulation 237 amended6

12.Regulation 246 amended6

Work Health and Safety Act 2020

Work Health and Safety Regulations Amendment Regulations (No. 2) 2026

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.Citation

These regulations are the Work Health and Safety Regulations Amendment Regulations (No. 2) 2026.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on the day after that day.

Part 2 — Work Health and Safety (General) Regulations 2022 amended

3.Regulations amended

This Part amends the Work Health and Safety (General) Regulations 2022.

4.Regulation 227 amended

In regulation 227(a) delete “is” and insert:

is, or but for regulation 246(1)(b) would be,

5.Regulation 234 amended

In regulation 234(2) delete the passage that begins with “must” and ends with “Part 5.3.” and insert:

commits an offence if —

(a)the person commissions an item of plant that is specified in Schedule 5 Division 2 for use in a workplace; and

(b)the item of plant is not registered under Part 5.3; and

(c)regulation 246(2A) does not apply to the item of plant at the time the person commissions the item of plant.

6.Regulation 237 amended

In regulation 237(1) delete “is” and insert:

is, or but for regulation 246(1)(b) would be,

7.Regulation 246 amended

(1)In regulation 246(1) delete “specified in Schedule 5 Division 2 must be registered under this Part.” and insert:

must be registered under this Part if —

(a)it is specified in Schedule 5 Division 2; and

(b)subregulation (2A) does not apply to it.

(2)After regulation 246(2) insert:

(2A)This subregulation applies to an item of plant for the exception period if —

(a)an application for registration of the item of plant is made in accordance with Division 4; and

(b)the application is the first application that has been made in accordance with Division 4 for the item of plant; and

(c)a record of the inspection and assessment of the item of plant referred to in regulation 266(2)(h) is available for inspection under the Act.

(2B)The exception period, in relation to an item of plant referred to in subregulation (2A), is the period —

(a)beginning immediately after the application for registration of the item of plant is made; and

(b)ending on the earliest of the following —

(i)the day that is 30 days after the day on which the application for registration is made;

(ii)the day on which the regulator grants the registration;

(iii)the day on which the application is taken to have been withdrawn under regulation 268(3);

(iv)the day on which the regulator gives the applicant a written notice under regulation 270(1).

Part 3 — Work Health and Safety (Mines) Regulations 2022 amended

8.Regulations amended

This Part amends the Work Health and Safety (Mines) Regulations 2022.

9.Regulation 227 amended

In regulation 227(a) delete “is” and insert:

is, or but for regulation 246(1)(b) would be,

10.Regulation 234 amended

In regulation 234(2) delete the passage that begins with “must” and ends with “Part 5.3.” and insert:

commits an offence if —

(a)the person commissions an item of plant that is specified in Schedule 5 Division 2 for use in a workplace; and

(b)the item of plant is not registered under the Work Health and Safety (General) Regulations 2022 Part 5.3; and

(c)regulation 246(2A) does not apply to the item of plant at the time the person commissions the item of plant.

11.Regulation 237 amended

In regulation 237(1) delete “is” and insert:

is, or but for regulation 246(1)(b) would be,

12.Regulation 246 amended

(1)In regulation 246(1) delete “specified in Schedule 5 Division 2 must be registered under the Work Health and Safety (General) Regulations 2022 Part 5.3.” and insert:

must be registered under the Work Health and Safety (General) Regulations 2022 Part 5.3 if —

(a)it is specified in Schedule 5 Division 2; and

(b)subregulation (2A) does not apply to it.

(2)After regulation 246(2) insert:

(2A)This subregulation applies to an item of plant for the exception period if —

(a)an application for registration of the item of plant is made in accordance with the Work Health and Safety (General) Regulations 2022 Part 5.3 Division 4; and

(b)the application is the first application that has been made in accordance with the Work Health and Safety (General) Regulations 2022 Part 5.3 Division 4 for the item of plant; and

(c)a record of the inspection and assessment of the item of plant referred to in the Work Health and Safety (General) Regulations 2022 regulation 266(2)(h) is available for inspection under the Act.

(2B)The exception period, in relation to an item of plant referred to in subregulation (2A), is the period —

(a)beginning immediately after the application for registration of the item of plant is made; and

(b)ending on the earliest of the following —

(i)the day that is 30 days after the day on which the application for registration is made;

(ii)the day on which the regulator grants the registration;

(iii)the day on which the application is taken to have been withdrawn under the Work Health and Safety (General) Regulations 2022 regulation 268(3);

(iv)the day on which the regulator gives the applicant a written notice under the Work Health and Safety (General) Regulations 2022 regulation 270(1).

K. COLLERAN, Clerk of the Executive Council

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: ROGER JACOBS, Acting Government Printer