

Duties of Workers and Employees
In the Work Health and Safety (WHS) Act 2011, Section 28 outlines the specific duties of workers. It is designed to ensure that while an employer (PCBU) has the primary duty of care, individuals also carry responsibility for safety in the workplace. WHS Act (NSW) Section 28: Duties of Workers While at work, a worker must: Take reasonable care for his or her own health and safety; and Take reasonable care that his or her acts or omissions do not adversely affect the health and


Health and Safety Committees: What They Are — and What They Are Not
Health and Safety Committees (HSCs) play an important role in many NSW workplaces. When they are set up and used properly, they strengthen consultation, improve risk visibility, and support better health and safety outcomes. When they are not, they become something else entirely: a forum for off‑topic debate, a substitute for management decision‑making, or worse, a place where managers attempt—intentionally or not—to offload responsibilities that the law makes clear are non-d


WHS Case Study – Hot Coolant, Cold Reality: When Inexperience Meets Risk
A recent incident highlights the critical importance of effective supervision, risk assessment, and control measures when engaging young or inexperienced workers in higher-risk environments. At a mechanical workshop, a 15-year-old work experience student was assigned a task involving the draining of a vehicle radiator. Prior to this, the vehicle had been running to assess overheating. The student was instructed to loosen a hose clamp to release pressure from the cooling sys


HSRs and Risk Management
Work health and safety (WHS) is most effective when it is built on shared understanding, clear roles, and genuine collaboration. One of the key strengths of the WHS framework in Australia is the way it brings together the business, management, workers, and Health and Safety Representatives (HSRs) to manage risks collectively. Understanding the role of HSRs in risk management is essential, not just for compliance, but for creating workplaces where safety systems actually wor


If It’s in Your Risk Assessment, You Must Implement It
A recent Queensland court decision has reinforced a critical principle in work health and safety: identifying hazards and documenting control measures is not enough. Controls must be implemented, supervised, and enforced in practice. The matter arose from an incident at a worksite in Queensland involving interaction between mobile plant and pedestrian workers, a well-regarded high-risk activity. A pedestrian worker sustained serious injury when struck by operating machinery


Significant amendments to Model WHS Act and Regulation
Safe Work Australia has amended the Model WHS Act and Regulations, and while some changes may appear technical, they represent a significant shift in how serious harm, particularly psychological harm, is recognised and reported.


Health and Safety Committee Provisions in NSW WHS Act 2011
Section / Topic Extract / Legal Requirement Connection to Consultation Section 76 – Constitution of Committee The composition of a health and safety committee is to be agreed between the PCBU and workers. At least half of members must be workers not nominated by the PCBU. If no agreement, an inspector can decide. ( NSW Legislation ) This agreement mechanism is directly tied to consultation obligations — committees only exist if workers and PCBU agree or a regulator decides.


Three Categories of WHS Offences and a Table of NSW Penalty Units (2025-2026)
The NSW WHS Act 2011 has recently been amended. These amendments have included an increase in the penalty rates for WHS breaches. ....


Consultation as the fundamental failure in serious work health and safety incidents
Serious workplace incidents, worker fatalities, and life‑altering injuries rarely occur in the absence of prior warning signs. Repeatedly, investigations, coronial inquiries and court decisions show that the most common systemic failure is not the absence of written safety systems, but the failure of those systems to be informed by meaningful consultation. Consultation failures are consistently identified as a root cause of serious harm.


Psychosocial Safety 2026: The Code that becomes Law
The management of psychosocial hazards and risks in New South Wales workplaces is entering a new era. From 13 October 2025, the Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 introduces section 26A (to commence on 1.7.2026) to the WHS Act 2011 (NSW) , transforming approved Codes of Practice including the Managing Psychosocial Hazards at Work (2021) Code from advisory guidance into legally enforceable compliance benchmarks. In paralle


Lack of Proactive Officer Duties Drives a 30 % Higher Workplace Fatality Rate
Victoria’s workplace health and safety regulator, WorkSafe Victoria, recorded 12 workplace fatalities in the 12 months to 21 November 2025. Twelve preventable deaths in one year, in industries where the hazards and controls are well known is an unacceptable toll by any measure. The causes remain unchanged: structural collapses, unguarded machinery, falls from height, fatigue-related vehicle incidents, and chemical explosions, concentrated in construction, agriculture, manufac


Chemical Hazards – The Hidden Risk Across All Industries
Chemical risks are not confined to laboratories or manufacturing plants, they exist in workplaces across every industry, from hospitality and cleaning services to healthcare, construction, and community care. Whether it’s a cleaning product, disinfectant, or industrial sealant, hazardous chemicals can cause serious injury, illness, or even fatalities if not handled, stored, or supervised correctly. Under the WHS Regulation , the business has a legal duty to provide adequat


National Safe Work Month 2025
October is National Safe Work Month. There have been new regulatory changes in New South Wales, and significant enforcement actions across the whole of Australia to be aware of. Key Highlights National Safe Work Month Begins. October marks National Safe Work Month, led by Safe Work Australia (SWA). This year’s theme emphasizes proactive hazard identification and risk management. Organizations are encouraged to host toolbox talks or “SafeTea” sessions using SWA’s resources t


"Bullying" versus "Reasonable Management" actions
Two recent bullying cases addressed by the Fair Work Commission highlight a need to understand what is bullying and what are “reasonable management actions."

