

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


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 parallel,


Workplace fatality sees directors personally charged for breaches of duty under WHS Law
In many small businesses, directors are not only decision-makers but are also directly involved in day-to-day activities. This hands-on involvement brings unique advantages, but it also increases accountability under Work Health and Safety (WHS) law. Directors are recognised as “officers” of a Person Conducting a Business or Undertaking (PCBU) and, as such, carry significant legal obligations. Their foremost responsibility is to ensure the business maintains an effective WHS


Recent prosecutions show ongoing inadequacies in warehouse safety training
2025 so far has seen the courts in New South Wales handing down eight major convictions involving forklift-related incidents. These cases involved both companies and sole traders and have resulted in substantial fines and public scrutiny. A worker was fatally pinned by a 7-tonne forklift after alighting the forklift at an Electrical contracting site. The business was convicted and fined $150,000, with a project order imposed. A 43-year-old forklift operator was struck and


Bullying and Harassment costs Director $15,000 in fines
Trigger warning : This article talks about workplace sexual harassment and bullying. If this topic is distressing, feel free to skip the...


Warehouse risk management failures lead to $35,000 fine
It is important that warehouses have correct control measures to mitigate risks from hazards that exist in the workplace. A common hazard...


Fire Training does not have to be delivered only by an RTO
It comes up from time to time, the question of what WHS training can or should be done by a Registered Training Provider (RTO), or by...


What does it take to be an HSR trainer?
Courtenell put considerable effort into expanding its scope of WHS services in 2023. Being one of the oldest training providers in New...


Victoria tightens the noose in light of non-compliance with OHS prosecutions
The Victorian Sentencing Advisory Council is an independent statutory body established in 2004 under amendments to the Sentencing Act...


Menopause is not a "WHS matter"
17 April, 2025. 5 minute read A company (that shall remain unnamed) recently advocated for including menopausal staff on their workplace...


Liabilities of Directors in new Industrial Manslaughter laws
From 16 September 2024, industrial manslaughter has been a formal offence under New South Wales work health and safety (WHS) legislation.


“Hands on” Director not prosecuted
27 March 2025. 3 minute read. The recent court case of SafeWork NSW v Miller Logistics Pty Ltd; SafeWork NSW v Mitchell Doble [2024]...

