Work Health And Safety (WHS/OHS) Laws: Essential Australian Compliance

Creating a safe workplace isn’t just a legal requirement - it’s how you protect your people, reduce business risk and support long-term growth.

In Australia, Work Health and Safety (WHS), also called Occupational Health and Safety (OHS) in some jurisdictions, sets out the rules and duties that keep workers, contractors and visitors safe. If you’re a business owner, manager or HR lead, understanding how the laws actually work in your state or territory will help you stay compliant and build a strong safety culture from day one.

Below, we break down who has duties under WHS, what’s changed recently, and the practical steps to put a simple, effective safety system in place.

What Are WHS/OHS Laws In Australia?

Australia uses “model” WHS laws developed by Safe Work Australia as a starting point. Most states and territories have adopted these model laws (with local variations), while Victoria and Western Australia have their own frameworks aligned in many areas.

Here’s what that means for you:

• Primary WHS obligations are set out in your state or territory’s WHS/OHS Act and Regulations.
• Codes of Practice and guidance materials are published by Safe Work Australia and by the state/territory WHS regulators (for example, WorkSafe, SafeWork or NT WorkSafe). These documents explain how to comply in practical terms.
• Commonwealth legislation published on legislation.gov.au does not replace state and territory WHS laws - always check the rules that apply where your workers are actually performing work.

Practical takeaway: WHS is local. Use nationally developed materials for guidance, but implement the requirements of the regulator in the state or territory where you operate (or, if you operate across jurisdictions, meet the strictest standard and manage any differences in your procedures).

It’s also useful to understand the concept of “reasonably practicable.” Under the model WHS laws, you must do what is reasonably able to be done to ensure health and safety, taking into account the likelihood and severity of harm, what you know (or ought to know) about risks, and the availability, suitability and cost of controls.

What’s Changed Recently? Key Updates Employers Should Know

Engineered Stone Ban (from 1 July 2024)

All Australian governments agreed to prohibit the manufacture, supply, processing and installation of engineered stone due to the risk of silicosis. The ban commenced on 1 July 2024 and is implemented through each jurisdiction’s laws, with limited transitional arrangements and narrow exceptions (for example, certain repair or removal work under strict controls).

If you deal with stone, concrete, bricks or other materials that generate respirable crystalline silica (RCS), review your risk controls and ensure you’re meeting the latest exposure requirements, health monitoring and air monitoring obligations under your local laws.

Updated Workplace Exposure Standards (effective 1 December 2026)

WHS ministers have agreed to update exposure limits for hundreds of chemicals. These revised limits are due to take effect from 1 December 2026 (subject to each jurisdiction’s implementation). Start reviewing your chemical inventories, Safety Data Sheets and ventilation controls now so you’re not scrambling later.

Industrial Manslaughter And Higher Penalties

Several jurisdictions have introduced, or strengthened, industrial manslaughter offences and significantly increased penalties for serious WHS contraventions. Enforcement activity is also more active than it has been in previous years.

The message is clear: treat WHS as a core business risk. Document your system, resource it properly and close out hazards promptly.

Labour Hire And Overlapping Duties (Not “New Guidelines”)

Where multiple duty holders are involved in work - for example, a host business and a labour hire provider - WHS laws already impose overlapping duties. Each person conducting a business or undertaking (PCBU) must consult, cooperate and coordinate activities with the others so that risks are eliminated or minimised so far as reasonably practicable.

If you engage labour hire workers or contractors, you can’t assume the provider’s procedures are enough. You need to work together on site-specific inductions, risk assessments, supervision and incident response. Clarify who is doing what, check it’s actually happening, and keep records of your consultation.

Who Must Do What? Duties Of PCBUs, Officers And Workers

WHS/OHS responsibilities are shared. The law defines clear duties for different roles so safety is everyone’s business.

PCBUs (Businesses) - The Primary Duty

A PCBU has the primary duty to ensure, so far as reasonably practicable, the health and safety of workers and others affected by the work. In practice, that includes:

• Identifying hazards and assessing risks for your operations, locations and tasks.
• Implementing and maintaining effective control measures (engineering, administrative and PPE controls).
• Providing safe systems of work, training, information, instruction and supervision.
• Keeping equipment, plant and structures safe and well maintained.
• Consulting with workers and other duty holders (including contractors and labour hire providers).
• Monitoring health and workplace conditions, and keeping WHS records.

These obligations complement your broader duty of care as an employer, including managing psychosocial risks such as workload, bullying and fatigue.

Officers - Due Diligence

Company directors and senior officers must exercise due diligence to ensure the business meets its WHS duties. That means taking reasonable steps to acquire WHS knowledge, understand hazards and risks, ensure resources and processes are in place (and used), verify compliance, and respond to incidents effectively.

In short, safety leadership is not optional - boards and executives need to ask the right questions and see evidence that the system is working.

Workers - Take Reasonable Care

Workers (including employees, labour hire workers, contractors and apprentices) must take reasonable care for their own health and safety, and that of others, and follow reasonable WHS instructions, policies and procedures. This includes:

• Using PPE and following safe work procedures.
• Participating in training and supervision.
• Reporting hazards, near misses and incidents promptly.
• Not interfering with or misusing safety equipment.

How To Build A Practical WHS System (Step-By-Step)

A good WHS system doesn’t have to be complicated. Focus on simple, repeatable processes tailored to your risks and the size of your business.

1) Set Your Foundations: Policies, Roles And Consultation

Start with clear, accessible policies that reflect how work is actually done in your business. A core Workplace Policy should set out responsibilities, consultation arrangements, incident reporting and disciplinary consequences for non‑compliance.

Define who is responsible for risk assessments, training, inspections and corrective actions. Establish a WHS committee or regular toolbox talks so consultation becomes part of everyday work.

2) Identify Hazards And Assess Risks

List your tasks and environments (on-site, remote, driving, client premises). For each, identify physical, chemical, biological and psychosocial hazards. Consider vulnerable workers (e.g. young, inexperienced, pregnant or culturally diverse workers).

Use a risk matrix to prioritise. Document what could go wrong, how likely it is, how severe it could be and which controls you’ll use.

3) Implement Controls (In The Right Order)

Apply the hierarchy of control - eliminate the hazard where possible, then substitute, isolate, engineer, use administrative controls and, lastly, PPE. For example:

• Substitute hazardous chemicals with safer alternatives.
• Install guarding, interlocks and ventilation on plant.
• Introduce safe work procedures and permits for high-risk work.
• Provide and enforce the correct PPE.

4) Write It Down: Procedures, Inductions And Training

Keep procedures short and practical. Build them into inductions and refresher training. Record attendance and competency checks. For safety‑critical tasks, use checklists or permits to ensure steps aren’t missed.

Where relevant, include topic-specific procedures such as fatigue management, heat stress, working alone, manual handling, silica dust controls and first aid.

5) Manage People And Behaviour

Set expectations early in your Employment Contract and WHS policies. Some topics deserve their own procedure, such as a drug and alcohol testing process or a Mobile Phone Policy for high‑risk environments.

Train supervisors to identify and address unsafe behaviours respectfully and consistently. Where serious misconduct occurs after an incident, consider your options, including standing down an employee pending investigation in line with workplace and Fair Work obligations.

6) Control Contractor And Labour Hire Risk

For contractors and labour hire, align your safety system with theirs. Before work starts, exchange risk assessments, agree on controls, and deliver a site‑specific induction. During the job, monitor compliance, consult regularly and keep records of your coordination and supervision.

7) Plan For Incidents And Emergencies

Document how to respond to injuries, exposures, near misses and notifiable incidents. Train your team on first aid, evacuation, spill response and who will notify the regulator when required. After any incident, investigate to find root causes and update your controls - then verify they’re working.

8) Monitor, Review And Improve

Schedule inspections, equipment maintenance and safety audits. Track actions to closure. Use leading indicators (training completed, inspections done, hazards reported) as well as lag indicators (injuries, lost time).

Review your system after significant changes, incidents or at least annually. Involve workers in the review so improvements reflect on‑the‑ground realities.

9) Manage Fatigue And Work Design

Fatigue and job design are WHS issues, not just HR topics. Check your rosters, breaks and overtime practices against your legal obligations for maximum working hours per day and employee meal breaks, and consider the WHS risks of long or irregular shifts, remote work and travel.

10) Keep Records That Matter

Maintain risk assessments, training logs, maintenance records, health monitoring (where required), consultation minutes, incident reports and corrective actions. Good records demonstrate due diligence and help you improve over time.

Common Compliance Pitfalls (And How To Avoid Them)

• Relying on generic paperwork: Off‑the‑shelf policies or Safe Work Method Statements (SWMS) that don’t reflect your actual tasks and equipment won’t protect you. Tailor documents to your operations and review them regularly.
• Weak contractor controls: Assuming a contractor’s system covers everything can leave gaps. Cooperate on risk assessments, supervise the work and verify controls are in place.
• Not managing psychosocial risks: High workload, poor role clarity, bullying or remote isolation are real WHS risks. Include psychosocial hazards in your risk assessments and consult with workers on solutions.
• Under‑training supervisors: Front‑line leaders need skills in hazard identification, coaching safe behaviours and incident response. Invest in short, practical training and refreshers.
• Inadequate plant maintenance: Skipping inspections or running equipment to failure heightens risk. Implement preventive maintenance and lockout/tagout procedures.
• Patchy consultation: Toolbox talks and safety meetings need to be regular, two‑way and documented. Workers often see hazards first - make it easy to speak up and close the loop on actions.

Jurisdictional Differences: A Quick Note

Because WHS/OHS laws are primarily state and territory based, details can vary - including reporting thresholds, regulator notification forms, codes of practice and penalty amounts. If you operate across borders, align your system with the strictest standard and document any jurisdiction‑specific procedures (for example, different permits, licensing or reporting steps). When in doubt, check your local regulator’s website or seek advice.

Key Takeaways

• WHS/OHS duties are set out under state and territory laws, with nationally developed guidance - always check the requirements where your people are working.
• Recent changes include the engineered stone ban (1 July 2024), updated chemical exposure standards (from 1 December 2026) and stronger penalties, including industrial manslaughter offences in several jurisdictions.
• Businesses (PCBUs) hold the primary duty, officers must exercise due diligence, and workers must take reasonable care and follow WHS instructions and procedures.
• Build a practical system: clear policies, risk assessments, the right controls, training, consultation, contractor management, incident response and regular reviews.
• Manage overlapping duties with labour hire and contractors by consulting, cooperating and coordinating risk controls - and keep evidence of what you’ve done.
• Don’t forget people factors like fatigue, workload and communication - they’re WHS risks too and should be addressed in your policies and training.

If you’d like a consultation on WHS/OHS laws and compliance for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.