WHS & worker safety
Model WHS laws and state implementations covering primary duty of care, psychosocial hazards, silica exposure, incident notification, and industrial manslaughter regimes.
30
Obligations
15
Regulators
20
Recent enforcement
Regulators
Obligations (30)
- criticalNTcurrentIndustrial manslaughter offence (NT WHS Act s 34B)
In the Northern Territory, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- 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).
- 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.
- criticalVICcurrentNotify VIC WorkSafe of notifiable WHS incidents
Death, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- 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.
- criticalWAcurrentWA mining safety (Mines Safety and Inspection Act 1994)
WA mine operators must ensure safe and healthy mines under MSIA + WHS Act 2020.
- criticalCWLTHcurrentMaintain Hazardous Chemicals Register + manifest (WHS Reg)
PCBUs handling hazardous chemicals must maintain a register + (above threshold) a manifest.
- 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.
- criticalNTcurrentPCBU primary duty of care (NT WHS Act s 19)
the Northern Territory PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
- criticalSAcurrentIndustrial manslaughter offence (SA WHS Act s 30A)
In South Australia, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- criticalTAScurrentIndustrial manslaughter offence (TAS WHS Act s 29C)
In Tasmania, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- criticalACTcurrentIndustrial manslaughter offence (ACT WHS Act s 34A)
In the ACT, a PCBU or officer whose reckless or negligent breach of a WHS duty causes a death commits industrial manslaughter.
- criticalCWLTHcurrentManage psychosocial hazards at work
WHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.
- criticalSAcurrentPCBU primary duty of care (SA WHS Act s 19)
South Australia PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
- criticalTAScurrentPCBU primary duty of care (TAS WHS Act s 19)
Tasmania PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
- criticalCWLTHcurrentPrepare a safe work method statement (SWMS) for high risk construction work
Before high risk construction work starts, a SWMS must identify the work, its hazards and risks, the control measures, and how they are implemented, monitored and reviewed.
- 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.
- criticalCWLTHcurrentComply with Heavy Vehicle Chain of Responsibility (CoR)
Every party in the heavy vehicle supply chain has a positive duty under HVNL.
- 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.
- criticalCWLTHcurrentHold a Construction Induction (White Card) before construction site work
All construction site workers must have completed nationally recognised induction training (CPCWHS1001).
- 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.
- 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.
- criticalCwlth + statescurrentAsbestos management — workplace + dwelling rules (state)
Asbestos work requires licensed asbestos removalist + asbestos management plan.
- criticalACTcurrentPCBU primary duty of care (ACT WHS Act s 19)
the ACT PCBUs must, so far as is reasonably practicable, ensure the health and safety of workers and others affected by the work.
- 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.
- highCWLTHcurrentIndustrial manslaughter offence — Comcare scheme (WHS Act 2011 (Cth) s 30A)
Since 1 July 2024, a Comcare-scheme PCBU or officer whose reckless or negligent breach causes a death commits industrial manslaughter.
- highCWLTHcurrentPCBU primary duty of care — Comcare scheme (WHS Act 2011 (Cth) s 19)
Commonwealth entities and Comcare self-insured licensees must, so far as is reasonably practicable, ensure the health and safety of workers and others.
- lowCWLTHcurrentISO 45001 occupational health and safety management system certification (voluntary)
ISO 45001 certification is voluntary and does not replace the WHS primary duty, but principal contractors and tenders often require it.
Recent enforcement
- comcarecriminal conviction$140K2026Department of Industry, Science and Resources: Comcare prosecution
Questacon (a division of DISR) supplied alcohol-based hand sanitiser near plasma globe exhibits; a child visitor's hands caught fire after touching a globe in July 2022. The release says it was the sixth incident involving the globes in five months and earlier warnings were not adequately acted on.
- safework-nswcriminal conviction$375K2026Woodward Foods Australia Pty Ltd: SafeWork NSW prosecution
On 21 January 2023 a worker was seriously injured using a grain mill to prepare cattle feed.
- safework-nswcriminal conviction$800K2026ANJ Container Services and Bond Stores Pty Ltd: SafeWork NSW prosecution
A pedestrian was fatally struck by a reversing reach stacker (container-handling mobile plant) on 21 April 2022. The company was convicted after a defended hearing.
- worksafe-viccriminal conviction$230K2026Licojo Pty Ltd: WorkSafe Victoria prosecution
Hire equipment provider whose technician serviced the boom lift the morning of the fatal North Blackburn incident. It should have identified the disconnected operator protection alarm and withdrawn the lift from use.
- worksafe-viccriminal conviction$400K2026Ridge Commercial Pty Ltd: WorkSafe Victoria prosecution
A plumbing company's worker was crushed against an overhead steel frame while in a boom lift at a North Blackburn site in August 2023 and died. No spotter was used and the boom lift's operator protection alarm was disconnected; the company lacked a daily pre-start inspection system.
- safework-nswcriminal fine$390K2026Fitzmoore Group Pty Ltd: SafeWork NSW prosecution
Building and maintenance company; on 23 October 2023 a worker fell about three metres through a skylight void and was seriously injured.
- safework-sacriminal conviction$90K2026Conroy's Smallgoods Pty Ltd: SafeWork SA prosecution
The company had workers clean up and demolish its former Brompton facility (Dec 2021 - Feb 2023) knowing asbestos was present; friable asbestos was disturbed. Removal was done without a licence, removal areas, air monitoring or clearance inspections.
- safework-sacriminal conviction$60K2026AGL Torrens Island Pty Ltd: SafeWork SA prosecution
During decommissioning of Torrens Island A Power Station (Oct 2022 - Apr 2023) workers cut lead-covered cables without respiratory protection; five employees later showed elevated blood lead levels.
- safework-sacriminal conviction$140K2026Schwarz Excavations and Civil Pty Ltd: SafeWork SA prosecution
In September 2023 an unattended truck and tipper parked on a slope without the park brake rolled off an Adelaide Hills site into an industrial building, narrowly missing a worker. The park-brake warning alarm had been disabled and two service reports flagging it were not acted on.
- worksafe-viccriminal conviction$400K2026Colab Building Group Pty Ltd: WorkSafe Victoria prosecution
Steel subcontractor on the Kew Recreational Centre job that outsourced fabrication of the GT1 truss to a China-based firm without having welding/QA documents verified before erection. The truss failed and part of the building collapsed in October 2022. Company now in liquidation; sentenced ex parte after a guilty finding.
- whs-qldenforceable undertaking2026Allegiant Solutions Pty Ltd: Workplace Health and Safety Queensland enforceable undertaking
A young worker wearing gloves was injured in September 2022 when the gloves became entangled in the rotating chuck of a drill press. The undertaking was given jointly by the company and its director as officer.
- safework-nswcriminal conviction$555K2026Wumbulgal Agriculture Pty Ltd: SafeWork NSW prosecution
Farm business; in February 2023 a worker riding a quad bike hit a mound at speed and was fatally injured.
- safework-sacriminal conviction$72K2026A. Haros Demolition Pty Ltd: SafeWork SA prosecution
At a Thebarton demolition site in November 2023 an excavator bucket swung and crushed the foot of a worker sorting debris nearby, causing amputations. Exclusion zone, spotter and communication controls in the SWMS were not enforced.
- worksafe-viccriminal conviction$330K2026Rodrigues Transport Pty Ltd: WorkSafe Victoria prosecution
Transport firm supplying trucks and drivers to a Dandenong South commercial laundry. In June 2023 a driver fell about 1.2 m from a truck tailgate used as a loading bridge and died; the tailgate had no fall protection rails.
- worksafe-viccriminal conviction$3.4M2026Risham Nominees Pty Ltd (Centenary Bakehouse): workplace manslaughter
Trading as Centenary Bakehouse, the company had workers remove suspended insulation panels from a bakery roof space in Reservoir with no fall controls; harnesses were on site but not required. A worker fell about four metres in August 2021 and died. Second workplace manslaughter prosecution in Victoria; largest fine for a single offence under Victoria's workplace safety laws.
- comcareenforceable undertaking2026Royal Australian Mint: Comcare enforceable undertaking
In May 2019 contractors moving a roughly three-tonne coin blanking press by forklift let it topple, narrowly missing a worker. CDPP had filed three charges alleging no safe system of work and an inadequate SWMS for the contractor; the undertaking was accepted instead of prosecution.
- whs-qldenforceable undertaking2026Coast Entertainment Operations Limited: Workplace Health and Safety Queensland enforceable undertaking
Theme park operator (formerly Ardent Leisure Limited). Two alleged maintenance incidents: in November 2020 ride arms rolled off trestles in a workshop, and in February 2021 a ride arm rose uncontrollably to four metres while a gondola was being disconnected. No injuries.
- worksafe-wacriminal fine$1.8M2026AR Constructions: WorkSafe WA prosecution
Steel erector on a Malaga industrial site; in July 2024 a non-rated, non-compliant lifting lug failed and a suspended steel column fell on a rigger, killing him. Directors knew the lug was unrated but kept it in use. Highest fine ever under WA workplace safety laws.
- safework-saenforceable undertaking202624 Power Fit Pty Ltd: SafeWork SA enforceable undertaking
During 2023 demolition and renovation at a Plympton Park gym, the operator allegedly failed to identify and manage asbestos risks in line with the code of practice; no injuries reported. The director was alleged to have failed his due diligence duty.
- worksafe-actcriminal conviction$65K2026Civil Project Management Group Pty Ltd: WorkSafe ACT prosecution
Trading as Real Aussie Sheds, the company had workers unload roof sheeting at height in wet, windy weather at a Jervis Bay site in July 2022, contrary to its own SWMS; a worker fell from a ladder. No scaffolding, EWP or fall protection was used.