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Warning: this article discusses some sensitive topics in relation to domestic violence
As an employer, one of your top priorities is keeping your employees safe. But did you know that under the Work Health and Safety Act 2011, your duty of care extends not only to your staff but also to anyone visiting your workplace – this includes family members and general visitors?
It’s important to know your Work Health and Safety (WHS) obligations, especially as flexible and remote working arrangements continue to evolve into 2025. For more insights, you might also check out our Legal Requirements for Starting a Business guide.
Before we dive into the legal details, let’s clarify what WHS actually entails.
What Exactly Is Work Health and Safety (WHS)?
The Work Health and Safety Act 2011 requires all employers to provide a safe work environment not only for their employees but also for anyone who visits the workplace. The primary aim is to ensure that hazards and risks to health and safety are managed effectively during the course of work.
The Act mandates that employers take measures that are ‘reasonably practicable’ – meaning the actions you implement should be proportionate to the level of risk. In practical terms, you wouldn’t install 20 locks on your office door when one secure lock would suffice.
Safe Work Australia confirms that these obligations apply to any person conducting a business or undertaking (commonly referred to as a PCBU). Essentially, this means that virtually any business in 2025 must comply with these safety requirements.
How Can I Maintain A Safe Workplace?
There are numerous strategies you can employ to maintain a safe workplace. For instance, it is standard practice for most workplaces to have a first aid kit readily available for emergencies. During the onboarding process, it is also advisable to walk new employees through your workplace policies.
You could also consider the following measures:
- Develop a comprehensive WHS Policy
- Conduct regular training and supervision of employees and managers on safety procedures and policies
- Ensure adequate resources are on hand (e.g. first aid kit, fire extinguisher)
- Provide access to mental health services and promote employee well-being
- If the job involves higher risks, supply appropriate personal protective equipment (PPE)
Sometimes maintaining a safe workplace can be as simple as ensuring that hand sanitiser is available in common areas – a practice that has become particularly prevalent in recent years.
What If My Employees Work From Home?
Even if your employees are working from home or following a hybrid model, your WHS obligations continue to apply in 2025. Although monitoring safety remotely can be challenging, updated guidelines from Safe Work Australia now address hybrid work environments and offer practical strategies for managing home-based risks.
For instance, employers are advised to implement:
- A clear system for reporting hazards or risks in the home environment
- Ongoing access to mental health services
- Regular assessments of remote work setups to ensure they meet safety standards
- Options for employees to borrow office equipment when necessary
Managing these responsibilities may seem overwhelming, but Safe Work Australia provides updated guidance on how you can effectively meet your WHS obligations in both traditional and remote work settings.
Remember, WHS laws also encompass a duty to consult. If you’re uncertain about your obligations, it’s vital to seek expert advice – our team at Sprintlaw is here to assist, as detailed in our Workplace Harassment and Discrimination resources.
Who Do Workplace Health And Safety Laws Apply To?
Under the Act, employers must take all reasonable steps to minimise risks to the safety of workers. In 2025, “workers” includes:
- Employees
- Contractors
- Subcontractors
- Trainees
- Interns/Students
- Volunteers
In certain instances, even visitors to the workplace can be considered workers. Consequently, it is prudent to adopt measures that protect their safety as well.
For example, you might install signage reminding visitors to sanitise their hands and maintain social distance – requirements that fall under visitor safety obligations. Safe Work NSW explains these visitor obligations here.
What Are Some Risks To Employee Safety?
While we often think of physical injuries when considering workplace hazards, in 2025 it is equally important to address risks to mental health. This broader view of safety includes measures to prevent burnout and excessive stress associated with remote work.
Mental Health While Working From Home
WHS obligations require employers to reduce the risk of mental stress. The shift to remote or hybrid work can lead to overworking and heightened stress levels.
As a best practice, employers are encouraged to provide ongoing access to mental health services and to establish an effective reporting system where employees can discuss workload and stress-related issues. This approach not only complies with WHS obligations, but also contributes to a positive work culture.
Workplace Bullying And Harassment
Bullying and harassment are significant risks that can severely impact mental health. It is the employer’s duty to have robust policies and a proactive work culture to prevent such behaviours. For further guidance, see our article on Workplace Harassment and Discrimination.
Domestic Violence
It is absolutely essential not to ignore issues such as domestic violence. These situations not only affect work productivity but also have profound impacts on an employee’s mental health. In fact, in Workers Compensation Nominal Insurer v Hill [2020], a landmark decision affirmed that employers must create a safe working environment for employees experiencing domestic violence – a precedent that remains highly relevant in 2025.
If you suspect an employee is struggling due to issues at home, it is critical to ensure that there are confidential systems in place for them to seek help. Fostering an open and supportive work culture can encourage employees to disclose personal challenges. Additionally, employees are entitled to request family and domestic violence leave, personal/carers leave, or even flexible working arrangements – all of which form part of your duty of care. For more details on supporting employees through contractual arrangements, please refer to our Employment Contract Essentials article.
What About Toilet Breaks?
WHS obligations extend to ensuring that even basic rights – such as taking toilet breaks – are upheld. In recent cases, it has been affirmed that workers have an unambiguous right to take toilet breaks beyond their usual scheduled break times. This serves as a reminder that failure to meet WHS duties can result in significant penalties, no matter how simple the issue may appear.
Are WHS Laws Different From State To State?
Safe Work Australia developed model WHS laws that currently apply across most states in Australia in 2025. However, there are some differences; for example, Victoria and Western Australia maintain their own regulatory frameworks. You can explore the Victorian guidelines on Worksafe Victoria and WA’s requirements on Commerce WA.
We’ve included a table below summarising some of the key variations between states.
What Documents Do I Need?
Now that we’ve explored ways to maintain a safe workplace, it’s time to put these practices into writing. Essential documents you should consider include:
- Work Health and Safety Policy
- Anti-Discrimination Policy
- Internet and Email Policy
These documents can be consolidated into your Staff Handbook, which outlines your work culture, policies, and expected behaviour. Keeping your legal documents up-to-date is not only good practice but also helps protect your business from liability as workplace conditions evolve.
Next Steps…
Maintaining robust WHS compliance is essential yet can feel overwhelming when you’re juggling multiple business priorities. It is advisable to review and update your WHS procedures regularly, ensuring they align with current regulations and the changing nature of work. Engaging with your team to discuss these policies and addressing any gaps can foster a culture of safety and mutual respect.
Work Health and Safety obligations are paramount, but navigating them needn’t be a burden. If you require any assistance, Sprintlaw’s team of experienced lawyers is ready to help. You can reach out to us at team@sprintlaw.com.au or call us on 1800 730 617 for an obligation-free chat about updating your policies and ensuring compliance well into 2025 and beyond.
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