WHS & worker safety
Model WHS laws and state implementations covering primary duty of care, psychosocial hazards, silica exposure, incident notification, and industrial manslaughter regimes.
18
Obligations
14
Regulators
6
Recent enforcement
Regulators
Obligations (18)
- criticalCWLTHcurrentAsbestos management — workplace + dwelling rules (state)
Asbestos work requires licensed asbestos removalist + asbestos management plan.
- criticalCWLTHcurrentManage psychosocial hazards at work
WHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.
- criticalCWLTHcurrentComply with Heavy Vehicle Chain of Responsibility (CoR)
Every party in the heavy vehicle supply chain has a positive duty under HVNL.
- criticalVICcurrentNotify VIC WorkSafe of notifiable WHS incidents
Death, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- criticalVICcurrentPCBU primary duty of care (Victoria OHS Act s 21)
Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.
- criticalNSWcurrentPCBU primary duty of care (NSW WHS Act s 19)
NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
- criticalQLDcurrentPCBU primary duty of care (QLD WHS Act s 19)
QLD PCBUs must ensure health and safety so far as reasonably practicable; industrial manslaughter live since 2017.
- criticalWAcurrentPCBU primary duty of care (WA WHS Act 2020 s 19)
WA adopted harmonised model WHS Act 2020 with industrial manslaughter offences from 31 March 2022.
- criticalCWLTHcurrentHold a Construction Induction (White Card) before construction site work
All construction site workers must have completed nationally recognised induction training (CPCWHS1001).
- criticalCWLTHupcomingComply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³)
From 1 December 2026 the 0.05 mg/m³ silica standard becomes a legally binding workplace exposure limit (WEL).
- criticalQLDcurrentQLD coal mining safety obligations (Coal Mining Safety and Health Act 1999)
QLD coal mine operators must ensure acceptable level of risk under the Act.
- criticalNSWcurrentNSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)
NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
- criticalWAcurrentWA mining safety (Mines Safety and Inspection Act 1994)
WA mine operators must ensure safe and healthy mines under MSIA + WHS Act 2020.
- criticalNSWcurrentNotify SafeWork NSW of notifiable WHS incidents
Death, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
- criticalCWLTHcurrentNotify state regulator of serious incidents (childcare)
Approved ECEC services must notify state regulator of serious incidents within 24 hours / 7 days.
- criticalCWLTHcurrentMaintain Hazardous Chemicals Register + manifest (WHS Reg)
PCBUs handling hazardous chemicals must maintain a register + (above threshold) a manifest.
- highCWLTHcurrentPsychosocial Hazards Code of Practice (model + jurisdictional)
PCBUs must manage psychosocial risk under WHS Acts + state codes.
- highCWLTHcurrentHold a High Risk Work Licence for HRWL classes
Forklift, crane, scaffolding, dogging, rigging, EWP and other high-risk work requires a HRWL.
Recent enforcement
- safework-nswenforcement focus2025Safe Work Australia psychosocial uplift across jurisdictions
Each state WHS regulator continued psychosocial hazards enforcement focus through 2024-2025 — SafeWork NSW, WorkSafe Vic + Qld particularly active.
- safework-nswcriminal conviction2024SafeWork NSW prosecutions 2024
Multiple NSW WHS prosecutions across construction, manufacturing + transport. New industrial manslaughter offence (mid-2024) increases exposure.
- safework-sacriminal conviction2024SafeWork SA + WorkSafe Tas WHS prosecutions 2024
Multiple WHS prosecutions across SA + Tas through 2024 — construction, manufacturing, agriculture.
- whs-qldcriminal conviction2024WorkSafe QLD construction prosecutions 2024
Multiple construction-sector convictions including industrial manslaughter; ongoing Brisbane Auto Recycling sentencing review.
- worksafe-viccriminal conviction$1.3M2023WorkSafe Victoria — first industrial manslaughter conviction
Worker died after being crushed by a falling steel beam at a construction site. Company found to have negligently caused the death.
- whs-qldcriminal conviction$3.0M2023WorkSafe Queensland industrial manslaughter conviction
Worker killed when struck by a reversing forklift at an auto recycling yard. Multiple WHS failures identified.