WHS & worker safety in New South Wales
Model WHS laws and state implementations covering primary duty of care, psychosocial hazards, silica exposure, incident notification, and industrial manslaughter regimes.
4
NSW-specific obligations
12
Federal obligations
NSW-specific
PCBU 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.
Notify SafeWork NSW of notifiable WHS incidents
Death, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
Asbestos management — workplace + dwelling rules (state)
Asbestos work requires licensed asbestos removalist + asbestos management plan.
NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)
NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
Federal
Manage psychosocial hazards at work
WHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.
Comply 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).
Maintain Hazardous Chemicals Register + manifest (WHS Reg)
PCBUs handling hazardous chemicals must maintain a register + (above threshold) a manifest.
Comply with Heavy Vehicle Chain of Responsibility (CoR)
Every party in the heavy vehicle supply chain has a positive duty under HVNL.
Hold a Construction Induction (White Card) before construction site work
All construction site workers must have completed nationally recognised induction training (CPCWHS1001).
Notify state regulator of serious incidents (childcare)
Approved ECEC services must notify state regulator of serious incidents within 24 hours / 7 days.
Prepare 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.
Psychosocial Hazards Code of Practice (model + jurisdictional)
PCBUs must manage psychosocial risk under WHS Acts + state codes.
Hold a High Risk Work Licence for HRWL classes
Forklift, crane, scaffolding, dogging, rigging, EWP and other high-risk work requires a HRWL.
Industrial 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.
PCBU 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.
ISO 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.