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The Work Health and Safety (WHS) Act is a cornerstone of Australia’s legal framework for workplace safety. As of 2025, it remains a vital piece of legislation that all businesses must understand and comply with to ensure the well-being of workers, contractors, and anyone affected by business operations.
WHS stands for Work Health and Safety. It encompasses laws and regulations that aim to prevent workplace injury and illness through proactive risk management, consultation, and compliance obligations.
Historically known as Occupational Health and Safety (OHS), the framework evolved into WHS to promote a unified national model across Australia. This harmonisation allows for consistent obligations across jurisdictions, although some state-based variations remain.
The model WHS laws were developed by Safe Work Australia and adopted by most states, including New South Wales. NSW operates under the Work Health and Safety Act 2011 (NSW), aligning closely with the national model but incorporating local enforcement mechanisms via SafeWork NSW.
Persons Conducting a Business or Undertaking (PCBUs) hold the primary duty of care under the Act. They must ensure, so far as is reasonably practicable, the health and safety of workers while they are at work.
WHS compliance requires identifying hazards, assessing risks, and implementing controls using the hierarchy:
In 2025, increased penalties for non-compliance, especially involving gross negligence, are in effect. NSW now includes provisions for industrial manslaughter, significantly raising the stakes for businesses.
SafeWork NSW is the independent regulator enforcing WHS laws. It provides resources, issues penalties, and conducts inspections across the state.
Codes of Practice (CoPs) in NSW guide how to achieve compliance. While not legally binding, failing to follow them may be used as evidence in court.
While most states have harmonised legislation, NSW maintains jurisdictional nuances in how penalties are applied, the structure of SafeWork NSW, and the scope of enforceable undertakings.
Non-compliance can result in:
Enforcement Type | Number of Cases | Most Common Sector |
Improvement Notices | 2,430 | Construction |
Prohibition Notices | 980 | Manufacturing |
Enforceable Undertakings | 38 | Logistics |
NSW introduced industrial manslaughter laws in 2025, holding officers criminally liable in cases of gross negligence leading to death.
Health and Safety Representatives now have broader consultation powers and may direct unsafe work to cease under clearer guidelines.
New rules outline tighter timeframes for reporting incidents, including near misses with potential for serious harm.
Businesses with hybrid teams must now ensure WHS compliance extends to home offices, including ergonomic risk assessments and mental health strategies.
PCBUs must ensure that everyone, regardless of employment type, operates within a safe environment and is adequately trained.
Consultation is not optional. Employers must consult HSRs and affected workers when identifying hazards or proposing changes to policies.
Required for high-risk construction work, SWMS documents identify hazards and detail control measures.
AlertForce offers accredited WHS courses tailored to industry and state requirements, helping organisations meet legal training obligations.
Failure to involve staff in WHS planning or neglecting formal risk assessments leads to legal exposure.
WHS documents must be reviewed regularly. Using outdated safety protocols can result in non-compliance.
Inadequate reporting systems or missing documentation can lead to penalties during inspections.
Routine WHS audits are often overlooked, yet they are critical for identifying gaps and improving practices.
Use formal templates and scheduling systems to ensure regular WHS reviews.
Partner with AlertForce to provide nationally recognised courses that fulfil compliance and upskill requirements.
Third-party consultants can offer an objective view of your current WHS compliance status.
Invest in tools that centralise documentation, incident reporting, and training records.
AlertForce provides targeted WHS training that explains legal obligations under the WHS Act and prepares participants to implement best practices.
AlertForce delivers flexible training through:
All courses are nationally accredited and meet SafeWork NSW’s regulatory requirements.
Businesses can customize training plans through AlertForce to suit roles, risk levels, and work arrangements.
In 2025, the importance of the WHS Act in New South Wales has never been greater. With updated legislation and increased enforcement, businesses can no longer afford to treat compliance as a secondary concern. Failure to meet WHS obligations can result in serious legal, financial, and reputational consequences.
Proactive compliance isn’t just about ticking boxes—it’s about creating a culture of safety that protects your team and strengthens your business. That’s where AlertForce can help. We offer nationally accredited WHS training, from awareness courses to role-specific programs, all tailored for NSW workplaces.
Stay ahead of the curve—partner with AlertForce and ensure your business is both compliant and confident.
The WHS Act is a national law designed to ensure workplace safety. It applies to all PCBUs, officers, workers, and any other persons affected by a business’s operations in Australia.
A PCBU (Person Conducting a Business or Undertaking) is an entity responsible for managing workplace risks. This includes businesses, partnerships, sole traders, and government agencies.
Penalties range from improvement notices to criminal prosecution. As of 2025, industrial manslaughter provisions can result in jail terms for officers in severe cases.
While not every role requires formal training, all workers must be provided information and training to perform their work safely. Specific roles like HSRs and high-risk workers require accredited training, such as those provided by AlertForce.
Yes, businesses must ensure a safe working environment even for remote or hybrid workers. This includes ergonomic assessments and ensuring mental health support is available.
