Summary
Details
- Australia
All PCBUs (companies, sole traders, partnerships, government bodies).
Officers of corporations.
Workers.
Volunteer associations without employees (in some contexts).
Certain self-employed individuals where no workers are engaged.
However, most commercial operations fall squarely within scope.
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What’s Required
Australia’s WHS regime is a risk-based, duty-driven legal framework. The core obligations arise under:
Model Work Health and Safety Act
Model WHS Regulations
Approved Codes of Practice
Jurisdiction-specific WHS Acts (e.g., NSW, QLD, VIC, WA, SA, TAS, ACT, NT)
Although implemented at the state/territory level, the framework is nationally harmonised (except Victoria, which has a parallel OHS structure).
1. Primary Duty of Care (PCBU obligation)
A Person Conducting a Business or Undertaking (PCBU) must ensure, so far as is reasonably practicable:
Health and safety of workers engaged or caused to be engaged.
Health and safety of workers whose activities are influenced or directed.
Health and safety of other persons (e.g., visitors, contractors, public).
This includes ensuring:
Safe systems of work.
Safe plant and structures.
Safe use, handling, and storage of substances.
Adequate facilities.
Information, training, instruction, and supervision.
Monitoring of workplace conditions and worker health.
“Reasonably practicable” requires balancing the likelihood of risk, severity of harm, knowledge of risk, availability of controls, and cost relative to risk.
2. Officer Due Diligence Duty
Company officers (directors, executives) must exercise due diligence to ensure the PCBU complies with its duties.
This includes taking reasonable steps to:
Acquire and maintain WHS knowledge.
Understand operations and associated risks.
Ensure resources and processes are in place.
Verify compliance.
Failure to exercise due diligence can result in personal criminal liability.
3. Worker Duties
Workers must:
Take reasonable care of their own health and safety.
Ensure their acts/omissions do not adversely affect others.
Comply with reasonable instructions and policies.
4. Risk Management Process
Under the WHS Regulations, PCBUs must:
Identify hazards.
Assess risks (where required).
Implement control measures using the hierarchy of controls.
Maintain and review controls.
Specific regulatory requirements apply to:
High-risk construction work.
Hazardous chemicals.
Major hazard facilities.
Confined spaces.
Electrical safety.
Plant and equipment.
Asbestos.
Remote and isolated work.
5. Incident Notification
PCBUs must notify the regulator immediately of:
Death.
Serious injury or illness.
Dangerous incidents.
The incident site must be preserved until an inspector arrives (subject to safety exceptions).
6. Consultation Requirements
PCBUs must consult:
Workers.
Health and Safety Representatives (HSRs).
Other duty holders.
Consultation is mandatory when identifying hazards, assessing risks, and making decisions about controls.
Important Deadlines
Model WHS Act introduced: 2011
Adopted progressively by most jurisdictions from 2012 onward.
Ongoing obligations: continuous.
Incident notification: immediate.
Provisional improvement notices and enforcement timelines: regulator-determined.
Periodic review of risk contris ols required when changes occur or new risks emerge.
Current Status
WHS laws are in force in all Australian jurisdictions.
Most states follow the harmonised Model WHS framework.
Victoria operates under the Occupational Health and Safety Act 2004 (similar structure but not harmonised).
Industrial manslaughter provisions now exist in multiple jurisdictions, significantly increasing executive exposure.
Enforcement intensity has increased, particularly in construction, mining, energy, and infrastructure sectors.
Penalties for Non-Compliance
WHS offences are categorized:
Category 1 (Reckless Conduct):
Highest level.
Includes risk of death or serious injury.
Criminal offence.
Multi-million dollar corporate fines.
Imprisonment for individuals.
Category 2 (Failure exposing to risk):
Significant fines.
Category 3 (Failure to comply with duty):
Lower-level but substantial penalties.
Additional consequences:
Enforceable undertakings.
Improvement and prohibition notices.
Project shutdowns.
Court-enforced compliance orders.
Industrial manslaughter charges (in relevant jurisdictions).
Penalties have escalated significantly in recent legislative amendments.
Examples of Known Violations
Common compliance failures include:
Failure to manage psychosocial hazards
Inadequate contractor supervision
Lack of fall protection in construction
Failure to isolate energy sources (lockout/tagout failures)
Poor risk assessments for hazardous chemicals
Inadequate emergency planning
Insufficient officer due diligence documentation
Industrial manslaughter prosecutions have emerged following workplace fatalities.
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