Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Creating a safe workplace isn’t just the right thing to do - it’s a legal requirement in Australia. Whether you run a busy café, a growing ecommerce startup or a tradie team on the road, your work health and safety (WHS) duties apply from day one.
A quick clarification up front: the national policy body is Safe Work Australia (not “Work Safe Australia”). Safe Work Australia develops the model WHS laws. Each state and territory then implements and enforces those laws through its own regulator (for example, SafeWork NSW, WorkSafe Victoria and WorkSafe.qld). Most jurisdictions follow the model WHS framework; Victoria operates under an equivalent OHS regime with different legislation but similar duties in practice.
In this guide, we’ll explain what WHS means in real terms, who is responsible for what, and how to build a simple, compliant safety system that actually works. We’ll also cover the policies and contracts you’ll need, common risks to manage (including psychosocial hazards), and what to do if an incident occurs.
If you’re unsure where to start, don’t stress - with the right approach (and the right documents), you can manage risk, protect your people and stay compliant.
What Is WHS In Australia (And How Does It Apply To You)?
Work health and safety (often called occupational health and safety, or OHS, in some states) is the legal framework for keeping workers and others safe. The core duty is practical: eliminate or minimise risks to health and safety so far as is reasonably practicable.
“Reasonably practicable” looks at the likelihood of harm, the degree of harm, what you know (or should know) about the risk, and the availability and suitability of control measures - balanced against the cost of those measures.
WHS covers both physical safety (machinery, manual handling, vehicles, hazardous substances, electricity) and mental health and psychosocial hazards (workload, bullying, harassment, fatigue, remote work isolation). Your safety system should address both.
All states and territories except Victoria have adopted the model WHS laws (Western Australia implemented them in 2022). Victoria’s OHS Act imposes very similar duties, but terminology and processes differ. If you work across multiple states, your overall approach should meet the highest standard you face.
Who Is Responsible For Workplace Safety?
Safety is everyone’s responsibility - but the law assigns specific duties to different roles. Knowing who does what helps you set clear controls and accountability.
PCBU (Person Conducting A Business Or Undertaking)
This is usually the company, partnership or sole trader that runs the business. The PCBU has the primary duty of care to ensure, so far as reasonably practicable, the health and safety of workers and others affected by the work.
Officers (Directors And Senior Decision-Makers)
Officers must exercise due diligence to ensure the PCBU complies with its WHS duties. In practice, that means staying up to date on WHS risks, ensuring adequate resources and processes are in place, and verifying those processes are actually used.
Workers
Workers - including employees, contractors and certain volunteers - must take reasonable care for their own safety, follow reasonable instructions, and cooperate with policies and procedures.
Others (Visitors, Customers, Suppliers)
Other people at the workplace also have to take reasonable care of their own safety. The PCBU still owes duties to keep them safe when they’re affected by your work.
All of this sits alongside your broader duty of care as an employer, which should inform every safety decision you make.
How To Build A Compliant WHS System (Step By Step)
You don’t need a complicated system to be compliant. Aim for a clear cycle: identify hazards, assess risks, control them, then consult and review regularly. Here’s a practical approach you can tailor to your business.
1) Identify Hazards
- Walk your workplace and list anything that could cause harm: machinery, vehicles, electricity, slips and trips, hazardous substances, heat/cold, noise, manual tasks, aggression, lone work and psychosocial risks.
- Talk to workers. Consultation isn’t optional - it’s a legal requirement and often the fastest way to find issues before they become incidents.
- Consider non-traditional workplaces like home offices, mobile work and client sites. Don’t forget seasonal risks or changes (new equipment, peak trading periods).
2) Assess Risks
- For each hazard, consider how likely harm is and how serious it could be.
- Note who could be harmed (employees, contractors, visitors, customers) and in what circumstances.
3) Control Risks (Use The Hierarchy Of Controls)
- Eliminate the hazard where possible (for example, remove a dangerous substance or stop a risky process).
- Substitute, isolate or engineer controls (for example, machine guarding, ventilation, barriers, interlocks, automation).
- Administrative controls (procedures, training, supervision, job rotation, clear signage). These reduce exposure but don’t remove the hazard.
- Personal protective equipment (PPE) as the last line of defence (gloves, eye protection, hearing protection, respirators) - use PPE to supplement, not replace, higher order controls.
4) Document Your Approach
- Keep a simple risk register with hazards, controls and review dates.
- Write clear procedures for key tasks and emergency responses, and make them easy to find.
- Set up straightforward reporting for hazards, near misses and incidents (with rapid escalation for serious risks).
5) Train, Supervise And Verify
- Provide a thorough induction for new starters and role-specific training for higher-risk work.
- Refresh training regularly and keep attendance and competency records.
- Supervise high-risk activities and verify that people are actually following procedures (spot checks, field observations, toolbox talks).
6) Consult And Review
- Consult with workers and, if applicable, elected health and safety representatives (HSRs) or a health and safety committee.
- Review controls after incidents and near misses, or when work changes (new processes, premises, equipment or staffing).
Psychosocial hazards need the same structured approach. Align your controls with your WHS duties and your Fair Work mental health obligations so safety and HR work together rather than in silos.
What Policies, Contracts And Training Do You Need?
Policies and contracts set clear expectations, help you enforce standards and provide evidence of compliance if a regulator asks questions. The right mix depends on your risks and industry, but most businesses benefit from the following foundation.
Core Employment Documents
- Employment Contract: Defines duties, hours, pay, confidentiality and compliance with workplace policies (including WHS). Use the right agreement for each role (full-time, part-time, casual).
- Workplace Policy: A central policy (or suite) that sets out WHS responsibilities, hazard and incident reporting, and how breaches are handled.
- Induction And Training Records: Keep records of inductions, role-specific training and toolbox talks to show that workers are competent and up to date.
Safety-Focused Policies
- Drug And Alcohol Policy: Explains expectations, impairment management and any testing processes (applied lawfully and consistently).
- Mobile Phone And Device Policy: Manage distraction risks when driving, operating plant or dealing with customers; link it to your safe driving and equipment policies. If monitoring is involved, ensure your Privacy Policy covers how personal information is handled.
- Fatigue Management And Working Hours: Build in rest and recovery, and double-check your approach against workplace break laws and relevant awards or enterprise agreements.
- Anti-Bullying, Harassment And Sexual Harassment: Prevent psychosocial harm with clear standards and fair complaint handling. For escalated matters, get support around harassment and discrimination claims.
Procedures And Checklists
- Safe Work Procedures: Step-by-step instructions for higher-risk tasks such as manual handling, using chemicals or operating machinery.
- Emergency Plans: Evacuation, first aid and incident escalation, tested with periodic drills.
- Contractor Management: Prequalification (licences and insurances), onboarding, site inductions and monitoring. In construction and other high-risk work, prepare and use SWMS (safe work method statements) where required.
Policies only work if people use them. Keep documents short, accessible and practical; train your team and enforce them consistently.
Common Risks To Manage (Physical And Psychosocial)
Every workplace is different, but small and medium businesses often face similar patterns of risk. Use these examples to sense-check your controls and fill gaps.
Office And Remote Work
- Ergonomics: Provide adjustable chairs, monitor stands and guidance for home setups; encourage movement and microbreaks.
- Slips, Trips And Falls: Keep walkways clear, secure cables, use non-slip mats and maintain good lighting.
- Psychosocial Risks: Set realistic workloads and deadlines, clarify roles and foster respectful communication. Clear standards help prevent bullying and burnout.
Retail, Hospitality And Customer-Facing Teams
- Manual Handling: Train safe techniques and use trolleys or team lifts for heavier stock.
- Sharp And Hot Equipment: Guard slicers, maintain coffee machines and ovens, and provide heat-resistant gloves where needed.
- Violence And Aggression: Offer de-escalation guidance, plan cash handling, consider late-night security and document incident reporting pathways.
Trades, Warehousing And Mobile Workforces
- Vehicles And Driving: Enforce a no-phone rule while driving, schedule realistic routes and breaks, and ensure vehicles are maintained.
- Plant And Equipment: Install guarding, use lockout/tagout procedures and provide operator training and competency checks.
- High-Risk Work: Working at heights, confined spaces and electrical tasks need stricter procedures, competency requirements, permits and, where applicable, SWMS.
Digital Work And Data Handling
- Mental Load And Fatigue: Manage on-call expectations and overtime, and plan for high-intensity periods.
- Cyber Incidents As Psychosocial Risks: Security breaches can cause significant stress; maintain secure systems and clear reporting lines to reduce impact on people.
Consultation And Worker Engagement
- Involve workers when identifying hazards and designing controls - they know the work best.
- Encourage early reporting of hazards and near misses (focus on learning, not blame).
- Offer multiple channels to speak up: direct to managers, anonymous reporting or through HSRs where applicable.
Fitness For Work And Substance Safety
- Use your drug and alcohol policy to manage impairment fairly and lawfully.
- If you implement testing, ensure the program is transparent, reasonable and consistent with your drug testing obligations.
Breaks, Fatigue And Scheduling
- Plan shifts to minimise fatigue and comply with the relevant award or enterprise agreement.
- Cross-check rosters and entitlements against break requirements and your WHS risk assessment.
Psychological Safety And Respect At Work
- Proactively manage psychosocial hazards: workloads, role clarity, bullying, sexual harassment, conflict and isolation in remote teams.
- Train leaders to identify early warning signs and intervene promptly. Where issues escalate, obtain support with workplace complaints.
- Align WHS and HR processes so performance management, flexible work and mental health support complement each other, guided by your Fair Work mental health obligations.
What To Do If An Incident Occurs
Even with strong controls, things can go wrong. A prompt, well-managed response protects people and shows you take compliance seriously.
Immediate Response
- Provide first aid, secure the scene, isolate hazards and contact emergency services if needed.
- Notify the relevant manager or on-call supervisor and begin your incident procedure.
Notifiable Incidents
- Serious injuries, illnesses or dangerous incidents may need to be reported immediately to your state or territory regulator. Preserve the site until an inspector says otherwise (unless it’s unsafe).
- Keep detailed records of the incident, notifications and subsequent actions.
Investigate And Learn
- Identify root causes (systems, training, supervision, equipment, environment), not just individual errors.
- Update your controls and procedures accordingly, and share learnings with the team.
Support Affected Workers
- Assist with medical care and workers compensation processes where applicable.
- Offer wellbeing support, check in regularly and plan a safe, staged return to work if needed.
Contractors And Labour Hire
- Contractors are considered “workers” under WHS laws. Coordinate duties: share risk information, agree on controls and monitor compliance.
- Prequalify contractors (licences, insurances, competencies), complete site-specific inductions and supervise as required by risk.
Recordkeeping And Continuous Improvement
- Maintain records of risk assessments, inductions, training, toolbox talks, maintenance, incidents and reviews.
- Use trends (for example, recurring manual handling injuries) to target improvements and track progress over time.
As your business grows, revisit your structure and governance. If you bring in co-founders or senior hires, consider adding or updating your Employment Contracts and broader workplace policies to keep roles, responsibilities and safety expectations crystal clear.
Key Takeaways
- Safe Work Australia develops the model WHS laws, which most jurisdictions follow; Victoria has an equivalent OHS regime with similar duties. Your practical duty is to eliminate or minimise risks so far as is reasonably practicable.
- PCBUs have the primary duty of care; officers must exercise due diligence; workers must take reasonable care and follow instructions and policies.
- A workable WHS system is a simple cycle: identify hazards, assess risks, control them using the hierarchy of controls, then consult and review.
- Put the right documents in place early: an Employment Contract for each worker, a clear Workplace Policy, practical safety procedures and training records, plus supporting policies such as a drug and alcohol policy and a Privacy Policy where you handle personal information.
- Manage common risks relevant to your industry, including psychosocial hazards, and respond quickly and lawfully to incidents with a focus on learning and prevention.
- Getting tailored legal advice early makes it easier to align WHS with employment, privacy and Fair Work obligations - and reduces risk across your business.
If you’d like a consultation on setting up your workplace safety system, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








