The introduction of the Work Health and Safety (WHS) Act 2020 and the accompanying WHS (Mines) Regulations 2022 marked a seismic shift in safety accountability for leaders in Western Australia’s mining sector. To navigate this new landscape, we recently hosted an exclusive forum for directors, executives, exploration managers, company secretaries and senior leaders, moving beyond legal theory to tackle the real-world challenges of this new era of safety.
The discussion, led by industry experts, moved beyond the legislation to address the practical challenges of exercising due diligence, implementing a robust Mine Safety Management System (MSMS), and managing the growing focus on psychosocial hazards.
Here are the key takeaway from the session.
A critical theme from the event was the personal nature of responsibility under the new legislation. The "positive duty of due diligence" is a personal obligation that rests on every company officer—defined as anyone who makes, or participates in making, decisions that affect a substantial part of the business. This duty cannot be delegated.
The financial and legal consequences of non-compliance have increased dramatically. As our presenters highlighted, penalties have surged under the WHS Act. For the most serious breaches, such as industrial manslaughter, officers can face up to 20 years in prison and a $5 million fine, while corporations can be fined up to $10 million¹.
This represents a stark increase from previous legislation, underscoring the gravity of these new responsibilities. From 2020 to 2024, a total of $164 million in financial penalties were issued across 1,373 WHS prosecutions, with 82% of those facing prosecution pleading guilty². This is not just a corporate risk; it can be a personal one that demands active engagement from every leader.
An effective Mine Safety Management System (MSMS) is not a static, 'set and forget' document. To be compliant and effective, it must be a "living system" that is deeply embedded in daily operations and continuously improved.
Mining leaders in the session shared the tangible actions they are taking on the ground, moving from paper-based systems to dynamic frameworks that actively manage risk. This includes everything from ensuring tiered contractual contractor templates which provide upfront notification of safety responsibilities depending on the contractors safety profile, to maintaining rigorous practical ways in obtaining audit trails or Safe Work Procedures that show they are signed and dated by workers.
The discussion highlighted that the best systems are tailored to specific operations and are driven by a culture of continuous improvement, not just compliance.
A significant portion of the discussion was dedicated to the duty to manage psychosocial risks—a key evolution in the WHS landscape. Leaders now have a clear obligation to provide a psychologically safe environment by identifying, assessing, and controlling hazards that can arise from factors like work design, social interactions, and organisational culture.
In the context of mining, these hazards can include isolation, fatigue from long rosters, high job demands, and workplace bullying or harassment. The group discussed practical strategies for building a more supportive and respectful culture, which is the foundation of psychological safety. This includes leaders checking in with their teams personally and often, proactively managing workloads to prevent burnout, and setting clear expectations for respectful behaviour. Fostering an environment where workers feel safe to raise issues without fear of reprisal is paramount. As one presenter noted, leadership in this space is about connection, managing fatigue, and intervening early to uphold a respectful workplace.
Sources: ¹ Work Health and Safety Act 2020 (WA), s30A(1) ² AIHS,