Important Changes to High Risk Work Licensing – New Work Health and Safety rules to begin

WA Department of Mines, Industry Regulation and Safety

The new Work Health and Safety (General) Regulations 2022 (WHS Regulations) were gazetted on 11 March 2022 and will commence on the 31 March 2022, bringing the Work Health and Safety Act 2020 into full force and effect.

The WHS Regulations replace the current Occupational and Safety Regulations 1996 (OSH Regulations). You can access the WHS Regulations on the WA Legislation website: WALW – Work Health and Safety Act 2020 – Subsidiary legislation.

The WHS Regulations make important changes to licences and accreditations (which are known as Authorisations under the WHS Act). As such, there will be important changes to the administration of high risk work licences (HRWL).

Licence applications received before 31 March 2022 will be assessed under OSH, and if granted will transition to their equivalent licence under WHS. However, a new HRWL card will not be issued to you to reflect this change, unless you are renewing your licence.

New application forms

In preparation for implementation of the WHS laws, application forms have been updated, and will be available on our website from 31 March 2022.

All modification applications assessed and made under the OSH Regulations must be received by WorkSafe Licensing, by the close of business, 30 March 2022. Applications made under the OSH Regulations cannot be accepted after 30 March 2022, and will be returned to applicants without action.

Certifications will need to be issued not more than 60 days before an HRWL application is submitted

This refers to both Statements of Attainment (SOA) and Notice of Assessment (NOA)’s.

From 31 March 2022, all applications for a HRWL must be received within 60 days of the SOA and NOA being issued, on the WHS NOA book. OSH NOA’s will not be accepted from 31 March 2022, regardless of when the NOA was first issued.

Changes to licensing fees

From 31 March 2022, new fees will be introduced and will be available on our website. Some of the fees will increase, and some will decrease. As such, you may wish to refer to Schedule 2 of the WHS Regulations to see how you may be impacted. The new fees reflect Government policy to fully recover the cost of services and functions provided to the community.

Courtesy renewal reminders

It is important to keep your details up to date as you will no longer have 24 months to renew your licence, after expiry as the grace period has changed to 12 months. Therefore, you must ensure your renewal is submitted before it has expired, or up to 12 months after expiry.

If your licence expires, you cannot carry out high risk work (HRW) of any kind, until you lodge a complete renewal application using the online renewal portal.

The Department will continue to send electronic courtesy renewal reminder notices for your licence. To receive these you must ensure your mobile number and email address are kept up to date at all times.

You can update your details:

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