Key WHS laws in Australia: ensuring safety from day one

When setting up a business in Australia, creating a safe and compliant workplace isn’t just good practice – it’s a legal obligation. The Work Health and Safety (WHS) Act 2011 (WHS Act) and related regulations set out the framework for ensuring workplace health and safety across most Australian states and territories. These laws outline the duties of businesses, managers, and workers to protect everyone in the workplace from harm.

Understanding and implementing these requirements from the start is crucial to creating a culture of safety and avoiding penalties for non-compliance. In this article, we discuss the key WHS legal requirements and practical steps to establish a safe workplace.

Key WHS legal requirements in Australia

1. Duty of care

Under the WHS Act, businesses and PCBU’s (referred to as Persons Conducting a Business or Undertaking) have a primary duty of care to ensure the health and safety of workers, contractors, and visitors.

This includes:

• Providing a safe work environment;
• Ensuring safe systems of work;
• Maintaining and inspecting plant, machinery, and equipment; and
• Providing training, instruction, and supervision.

2. Risk management

Businesses must identify, assess, and control risks in the workplace. Sections 34 and 35 of the WHS Regulations require businesses to identify hazards that could give rise to risks to health and safety and then manage the risks by eliminating the risk so far as is reasonably practicable, and if this isn’t practicable, minimise the risk as far as is reasonably practicable.

Where it’s not reasonably practicable for a business to eliminate the risk to health and safety, then it must implement control measures (referred to as the Hierarchy of control measures) to minimise the risk by doing one or more of the following:

• substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;
• isolating the hazard from any person exposed to it;
• implementing engineering controls;
• or implement administrative controls or ensure the use of suitable personal protective equipment as a last resort.

3. Consultation with workers

Employers must consult with workers on WHS matters that directly affect them, including hazard identification and control measures.

Employers must consult with employees on WHS matters, including:

• Identifying hazards.
• Making decisions about risk controls.
• Introducing new policies or equipment.

Effective consultation fosters a collaborative approach to safety and ensures that workers have input into decisions affecting their health and well-being.

The duty to consult with workers and the nature of the consultation requirements are prescribed in sections 47 and 48 of the WHS Act.

4. Incident reporting and record-keeping

Sections 35, 36, and 37 of the WHS Act require businesses to report certain incidents to the relevant regulator. Businesses must notify the regulator of certain incidents, keep detailed records of incidents, and make them available for inspection when required.

These include:

• Notifiable incidents (such as the death of a person).
• Serious injuries or illnesses.
• Dangerous incidents, such as equipment failure or exposure to hazardous substances.

Businesses must also maintain records of:

• Risk assessments.
• Training and induction.
• Safety audits and inspections.

5. Worker training and competency

Regulation 39 of the WHS Regulations 2011 states that employers must ensure workers are trained and competent to perform their tasks safely, and training must be tailored to their specific roles and workplace risks. With this in mind, training should be job-specific, updated regularly, and documented to demonstrate compliance.

6. Emergency plans

Businesses must have an emergency management plan that includes evacuation procedures, communication protocols, and access to emergency equipment, as set out in regulation 43 of the WHS Regulations 2011.

Plans must be regularly tested and reviewed, and there should be clearly marked exits and accessible emergency equipment. Procedures must be in place for evacuations, fires, and medical emergencies.

Additional regulations that may apply

Depending on your industry or specific activities, additional regulations may include:

• Plant and machinery safety:
  WHS Regulations 2011, Regulation 214 – Managing Risks to Health and Safety Associated with Plant
• Hazardous substances:
  WHS Regulations 2011, Part 7.1 – Hazardous Chemicals
• Falls from heights:
  WHS Regulations 2011, Regulation 78 – Managing the Risk of Falls

Critical steps to ensure safety

1. Understand your WHS obligations

When starting your business, review the WHS Act and regulations specific to your state or territory. provides resources and guidelines for businesses to comply with national standards.

2. Conduct a WHS risk assessment

Identify hazards in your workplace by assessing physical risks (e.g., slips, trips, falls, machinery), chemical risks (e.g., exposure to hazardous substances) and ergonomic risks (e.g., repetitive tasks, manual handling).

Document the risks and develop control measures using the hierarchy of controls.

3. Create a WHS management system

Establish a WHS management system to outline how safety will be managed in your business. This should include policies and procedures for managing risks, induction and training processes, inspection and maintenance schedules for equipment, and incident reporting and investigation protocols.

4. Provide worker induction and training

When onboarding employees, provide a comprehensive safety induction covering workplace hazards and safety policies, emergency procedures and role-specific risks and controls. Ensure that training is ongoing and tailored to the tasks each worker performs.

5. Engage and empower your workers

Encourage workers to take ownership of safety by:

• Reporting hazards and incidents promptly.

• Participating in toolbox talks and safety meetings.
• Following safety procedures and using Personal Protective Equipment (PPE) correctly.

6. Monitor and review your WHS practices

Regularly review and update your WHS practices to reflect changes in the workplace or work processes. Make sure to include any feedback from workers and any new legal or regulatory requirements.

What are the penalties for non-compliance?

Failing to comply with WHS laws can result in severe penalties. The amount of the penalty will depend on the category of the offence. Category 1 offences carry the highest penalty as this is an offence where a duty holder (a business or PCBU), without reasonable excuse, engages in conduct with gross negligence or is reckless as to the risks to an individual of death or serious injury or illness. As of 1 July 2024, category 1 offences carry penalties  including:

• Fines over $11 million for corporations.
• Fines over  $2 million for individuals (e.g., managers or directors).

Furthermore, the penalties for include imprisonment of up to 20 years for individuals or up to 18 million for corporations.

Non-compliance can also lead to reputational damage, loss of business, and higher workers’ compensation premiums.

Creating safe workplaces

Setting up a business involves many challenges, but workplace safety should be a top priority from the start. By understanding your WHS legal requirements, conducting risk assessments, providing effective training, and fostering a culture of safety, you can protect your workers, meet compliance requirements, and build a strong foundation for success.

Investing in safety from day one is not just about avoiding fines – it’s about creating a workplace where employees feel valued, secure, and empowered to thrive.

Citation Safety can help

Australia’s workplace laws are complex and confusing, which can make it hard to know if you’re doing everything right when it comes to WHS. That’s where we come in. We give you the tools, technology, advice and support you need to build a positive safety culture in your workplace through our WHS Software and around-the-clock Safety Advice Line. Contact us today to see how we can help.

About our Author

Jack Bowkett is a Workplace Health and Safety Consultant at Citation Group. He has an interest in all things safety-related and regularly provides pragmatic advice on how businesses can comply with their WHS obligations and create a good working environment.