The Work Health and Safety Act 2020 (WHS Act) transitional period has been extended from three years to four, with a new closing date of 30 March 2026 (WorkSafe Commissioner, 2024). This change gives workers in mining statutory roles another year to complete the qualifications now necessary for compliance—mitigating industry backlash around the potential implications of the original timeline.
2022 WHS Act Declared Strict New Regulations for Statutory Positions
Western Australia’s WHS Act was passed by parliament in 2020 and then implemented in March 2022. The Act set some clear rules for safety legislation in the mining industry, with one key area around statutory positions—the roles that support important mine site safety functions, like senior executives, managers, and statutory supervisors (DMIRS, 2024).
Under the new Act, any competent worker holding a similar role could be appointed to a statutory position without requiring certification. They just needed the experience. They would then be afforded a three-year transitional period—which was scheduled to end on 30 March 2025—in which they could attain the necessary qualifications (WorkSafe Commissioner, 2024).
Following this period, anyone in a statutory position would have to meet eligibility criteria to remain compliant in their role. This included passing any necessary exams and completing specific training units of competency focused on risk management and safety.
2025 Deadline Had Potentially Detrimental Implications
The introduction of the WHS Act 2020 was accompanied by widespread industry backlash. As Noel Dyson wrote for Australia’s Mining Monthly, ‘Somebody who was a statutory position holder under the previous act would no longer hold that statutory position until they had completed the units and passed the exam by the end of next March. That could stop a mine from operating’. (Dyson, 2024)
Future Institute of Australia General Manager, Karyn Grant, had similar opinions, stating that many people in statutory positions were finding the exams challenging. “The risk is we could lose a lot of senior people because they haven’t been in a classroom for so long. We had a senior person sit the exam and fail it,” said Grant. (Dyson, 2024)
Instances of noncompliance face strict penalties, so any worker who was unable to achieve the necessary certification by 2025 could have lost their statutory position. And without these critical roles being filled, the mine could be forced to cease operation until a qualified replacement was found. Mining companies themselves would also face high penalties for any incidents resulting from noncompliance, with fines ranging up to $10 million in extreme circumstances. (DMIRS, 2021)
Mine Site Tragedies Prompted Call for Stronger Regulations
According to Safe Work Australia, although the mining industry has improved its health and safety standards in the last couple of decades, it still has one of the highest fatality rates of any industry (Safe Work Australia, Mining). And in recent years, this prompted the public scrutiny that resulted in the updated WHS Act.
In 2024, there have been four mining industry fatalities within the first six months alone (Safe Work Australia, 2024). One of these incidents involved a 21-year-old man, who lost his life at the St Ives gold mine near Kambalda. This was the second tragedy at a St Ives site within two years, with another fatality occurring at their Hamlet underground mine in 2022 (Lucas, 2024).
Agrimin Managing Director and CEO Debbie Morrow has responded to the concerning trend, saying, “The number of fatalities that we’ve had is just unacceptable, there are no words for it. As leaders of the industry, I think we all agree that we should not be killing people.” (Rogan, 2024)
Other incidents, while not fatal, remain a major concern for the industry. Albemarle’s Kemerton lithium refinery has seen 25 workers visit the Bunbury hospital showing symptoms consistent with chemical exposure. While WorkSafe launched another investigation into a worker who received caustic burns at Alcoa’s Wagerup alumina refinery. (McArthur, 2024)
Since 2023, University of New South Wales expert Michael Quinlan has been calling for a focus on the similar circumstances that emerge in most cases, stating that, “Fatalities don’t usually occur without any warning signals”. (Cheong, Robinson, & Stanley, 2023)
Vital New Safety Standards Now Achievable
These sobering statistics around fatalities and accidents in the mining industry highlight the importance of comprehensive safety standards. And with the recent WHS Act transition period extension, workers will have time to achieve the required competency and certification—without disrupting business operations or excluding valuable senior employees.
If your company needs support in gaining the requisite certification for statutory positions, get in touch with the team at Kinatico to discuss our relevant courses.
References:
Cheong, Robinson, & Stanley. (2023, June 19). Calls for improved workplace safety as resources industry grapples with spate of recent deaths. ABC News. https://www.abc.net.au/news/2023-06-19/calls-for-better-workplace-safety-after-more-wa-mining-deaths/102484426
Department of Energy, Mines, Industry Regulation and Safety (DMIRS). (2021). Overview of Western Australia’s Work Health and Safety Act 2020. https://www.dmirs.wa.gov.au/sites/default/files/atoms/files/overview_wa_whs_act_0_0.pdf
Department of Energy, Mines, Industry Regulation and Safety (DMIRS). (2024, March 15). WorkSafe extends transition period for mines statutory positions [Press release]. https://www.commerce.wa.gov.au/announcements/worksafe-extends-transition-period-mines-statutory-positions
Dyson, N. (2024, March 25). Worksafe WA heads off potential disaster. Australia’s Mining Monthly. https://www.miningmonthly.com/management/news/4188532/worksafe-wa-heads-potential-disaster
Lucas, J. (2024, April 24.). Worksafe, WA Police investigating death of 21-year-old man at Kambalda gold mine in WA’s Goldfields. ABC News. https://www.abc.net.au/news/2024-04-24/worksafe-investigating-worker-death-at-kambalda-mine-site/103762112
McArthur, B. (2024, February 22). Work safety spotlight on mining giants Albemarle and Alcoa after chemical exposure incidents. ABC News. https://www.abc.net.au/news/2024-02-22/work-safety-mining-albemarle-alcoa-chemical-exposure/103498748
Rogan, A. (2024, April 28). Mining in a changing climate: Redefining industry safety. Mining.com.au. https://mining.com.au/mining-in-a-changing-climate-redefining-industry-safety/
Safe Work Australia, (2023). Key Work Health and Safety Statistics Australia, 2023. https://data.safeworkaustralia.gov.au/insights/key-whs-stats-2023
Safe Work Australia. (n.d). Mining. https://www.safeworkaustralia.gov.au/safety-topic/industry-and-business/mining
Safe Work Australia, (2024). Preliminary fatalities – 2024. https://data.safeworkaustralia.gov.au/interactive-data/topic/preliminary-fatalities-2024
WorkSafe Commissioner. (2024, June 25). Mining statutory certificates and examinations. https://www.wa.gov.au/organisation/worksafe-commissioner/mining-statutory-certificates-and-examinations
