Who must hold a High Risk Work Licence for HRWL classes?
The applicability test for Hold a High Risk Work Licence for HRWL classes (SafeWork NSW, WorkSafe Victoria, WHSQ, SafeWork SA, WorkSafe WA, WorkSafe Tas, WorkSafe ACT and NT WorkSafe), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has industry: Construction (residential & commercial) / Mining & resources. Where the business has industry: Manufacturing / Road transport & logistics, check whether workers perform high risk work (forklifts, cranes, scaffolding, pressure equipment).
What the obligation is
Forklift, crane, scaffolding, dogging, rigging, EWP and other high-risk work requires a HRWL.
Schedule 3 of the model WHS Regulations lists 29 HRWL classes. Workers must hold a current HRWL for the relevant class; PCBUs must verify licences before assigning work. Mutual recognition applies across states.
The applicability test
Applies when the business has industry: Construction (residential & commercial) / Mining & resources. Where the business has industry: Manufacturing / Road transport & logistics, check whether workers perform high risk work (forklifts, cranes, scaffolding, pressure equipment).
How the regulator frames it: Workers performing HRWL classes and their PCBUs.
What triggers it: Carrying out HRWL class work.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (2 of 35: yes; 2 of 35: only if a further fact applies; 31 of 35: no).
| Industry | Answer |
|---|---|
| Construction (residential & commercial) | Yes |
| Mining & resources | Yes |
| Manufacturing | Only if a further fact applies |
| Road transport & logistics | Only if a further fact applies |
| No | 31 other industries |
Business structure and size
Structure does not change the answer in the 4 industries it can reach: for every structure the answer is "depends on size or structure".
Size does not change the answer in the 4 industries it can reach: at every size band the answer is "depends on size or structure".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: applies. Industry: Construction (residential & commercial)
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Construction (residential & commercial) / Mining & resources.
- Pty Ltd company in manufacturing with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if workers perform high risk work (forklifts, cranes, scaffolding, pressure equipment)
When you need to check further
The engine shows this obligation as "check whether this applies" when a business has industry: Manufacturing / Road transport & logistics. It then applies only if workers perform high risk work (forklifts, cranes, scaffolding, pressure equipment). That fact is not something Rules Mate can infer from industry, structure or size.
What you must do, and when
- When due
- Continuous; licence carriage on site.
- Frequency
- Ongoing
- Evidence to keep
- Current HRWL; PCBU licence verification record.
- Status
- Current
- Priority
- High
Penalty for not complying
Maximum penalty: Significant fines; PCBU and worker liability.
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
What usually applies alongside it
Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:
- Hold a Construction Induction (White Card) before construction site work: applies to 50% of the same businesses (17.5× the overall rate)
- Maintain mining rehabilitation bonds + closure plans: applies to 50% of the same businesses (17.5× the overall rate)
- State mining royalties: applies to 50% of the same businesses (17.5× the overall rate)
- Building work — comply with National Construction Code (NCC): applies to 50% of the same businesses (17.5× the overall rate)
- NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act: applies to 50% of the same businesses (17.5× the overall rate)
- Hold current QBCC licence for QLD building work: applies to 50% of the same businesses (17.5× the overall rate)
Where it sits in the corpus
Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated high priority, and is an ongoing duty.
Regulator, legislation and tools
Regulated by SafeWork NSW, WorkSafe Victoria, Workplace Health and Safety Queensland, SafeWork SA, WorkSafe Western Australia, WorkSafe Tasmania, WorkSafe ACT and NT WorkSafe.
SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.
WorkSafe Victoria: Victorian WHS regulator and workers' compensation insurer (WorkCover scheme).
WHSQ: Queensland WHS regulator.
SafeWork SA: SA WHS regulator.
WorkSafe WA: WA WHS regulator under WHS Act 2020 (WA).
WorkSafe Tas: Tasmanian WHS regulator.
WorkSafe ACT: ACT WHS regulator. Also administers portable long service leave schemes including the 2026 expansion to hospitality and beauty.
NT WorkSafe: NT WHS regulator.
- SafeWork NSW
- WorkSafe Victoria
- Workplace Health and Safety Queensland
- SafeWork SA
- WorkSafe Western Australia
- WorkSafe Tasmania
- WorkSafe ACT
- NT WorkSafe
Model WHS Act: Model federal WHS Act adopted (with variations) in NSW, Qld, SA, Tas, ACT, NT, Commonwealth (Comcare).
Free tools that help with this obligation:
Questions
- Who must hold a High Risk Work Licence for HRWL classes?
- Applies when the business has industry: Construction (residential & commercial) / Mining & resources. Where the business has industry: Manufacturing / Road transport & logistics, check whether workers perform high risk work (forklifts, cranes, scaffolding, pressure equipment).
- Do sole traders need to hold a High Risk Work Licence for HRWL classes?
- Depends on size or structure. Looking in the 4 industries it can reach and every size band, the engine's answer for a sole trader is: depends on size or structure.
- Do businesses with 1–5 employees need to hold a High Risk Work Licence for HRWL classes?
- Depends on size or structure (1–5 employees, turnover $100K–$1M).
- When is "Hold a High Risk Work Licence for HRWL classes" due?
- Continuous; licence carriage on site.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.