Work Health and Safety Regulations 2011

The Regulations use the Act’s key concepts. The primary duty holder is the person conducting a business or undertaking (PCBU) — reg 5 adopts the Act’s definition. A PCBU includes employers, self-employed persons, franchisors (in some circumstances), and governments. Volunteers and certain strata bodies are excluded in defined situations (reg 7).

Designers, manufacturers, importers, and suppliers of plant, substances, or structures have duties under regs 187–202 (plant), 59 (noise), 61 (manual tasks), 64 (confined spaces), 329–335 (hazardous chemicals), and 419 (asbestos). These duties are triggered when the person “conducts a business or undertaking” of designing, manufacturing, importing, or supplying (ss 22–25 of the Act).

Workers are defined in s 7 of the Act and reg 5. They must comply with reasonable instructions and use provided PPE (regs 46, 326, 576). Officers of PCBUs owe a due-diligence duty under s 27 of the Act; the Regulations do not create a separate officer duty but supply the content against which due diligence is measured.

Health and safety representatives (HSRs) and health and safety committees have powers and functions throughout (e.g. reg 38(4) — HSR can request review of control measures; reg 575 — consultation at major hazard facilities). WHS entry permit holders may enter under Part 7 of the Act and regs 25–31.

For major hazard facilities, the operator is the person with management or control and the power to shut the facility down (reg 533). The operator must be a suitable person (reg 543) and hold a licence (reg 535). Emergency service organisations, local authorities, and registered medical practitioners have defined roles in emergency planning (reg 557) and health monitoring (regs 371, 408, 437).

Commonwealth workers, public authorities, and non-Commonwealth licensees are expressly covered (reg 5, definition of Commonwealth worker). The Regulations apply outside Australia in limited respects (reg 11A).

In short, the Regulations affect every person who owes a duty under the Act, every worker who performs work, and every entity that designs, supplies, or operates plant, structures, or hazardous chemicals.

Risk management (Part 3.1) is the foundational duty. Regulation 34 requires identification of reasonably foreseeable hazards. Regulation 35 requires elimination of risks so far as is reasonably practicable; if elimination is not possible, risks must be minimised. The hierarchy in reg 36 is mandatory: substitution, isolation, engineering controls, then administrative controls, then PPE. Control measures must be maintained (reg 37) and reviewed whenever an incident occurs, a control fails, a change is proposed, or an HSR requests review (reg 38).

Psychosocial risks were added in 2022 (regs 55A–55D). A psychosocial hazard arises from work design, environment, plant, or interactions and may cause psychological harm (reg 55A). The PCBU must manage psychosocial risks in accordance with Part 3.1 and have regard to duration, frequency, severity, interaction of hazards, job demands, systems of work, workplace layout, and provision of information and training (reg 55D).

Representation and participation (Chapter 2) are rights-based. Negotiations for work groups must aim at effective representation and ready access to HSRs (reg 16). HSRs are elected under reg 18; the PCBU cannot unreasonably delay the election (reg 19). HSRs may direct cessation of unsafe work (Part 2.3) and issue provisional improvement notices under the Act. WHS entry permit holders must have completed approved training (reg 25) and give notice before entry (regs 27–30).

High risk work (Part 4.5) requires a licence (reg 81). Schedule 3 lists classes (e.g. tower crane, slewing mobile crane >100 t, boiler operation). The PCBU must ensure direct supervision by a licensed person during training (reg 84) and must not allow unlicensed work except in defined circumstances (reg 82). Licence holders must produce evidence on request (reg 85).

Construction work (Chapter 6) imposes layered duties. The PCBU must manage risks (reg 297), prepare a WHS management plan for a construction project (reg 309), and, for high risk construction work, obtain a safe work method statement (reg 299). The statement must be reviewed if risks change (reg 302). Principal contractors have additional duties: signage (reg 308), site security (reg 298), and coordination of SWMS (reg 312).

Hazardous chemicals (Chapter 7) follow the GHS. Manufacturers and importers must classify (reg 329), prepare SDS (reg 330), pack (reg 334), and label (reg 335) correctly. PCBUs must obtain SDS (reg 344), maintain a register (reg 346), prepare a manifest if quantities exceed Schedule 11 thresholds (reg 347), and display placards (regs 349–350). Risk management follows the general Part 3.1 duties but with specific controls for storage, stability, spills, and emergency equipment (regs 351–362). Health monitoring is mandatory for listed chemicals (regs 368–378).

Asbestos (Chapter 8) is strictly controlled. Work with asbestos is prohibited except in defined circumstances (reg 419). PCBUs must identify and manage in-situ asbestos (regs 422–430), prepare an asbestos management plan (reg 429), and provide training (reg 445). Licensed removalists must follow detailed controls (regs 458–477). Chapter 8A prohibits most work with engineered stone benchtops, panels or slabs (reg 529D) and requires the processing of crystalline silica substances that is high risk to be “controlled” (reg 529C) using isolation, wet methods, on-tool extraction, local exhaust ventilation, or RPE.

Plant and structures (Chapter 5) impose duties throughout the supply chain. Designers must eliminate or minimise risks through guarding (reg 189), operational controls (reg 190), and emergency stops (reg 191). Manufacturers, importers, and suppliers must obtain and pass on information (regs 195, 196, 198). The person with management or control must manage risks (reg 203), prevent unauthorised alteration (reg 205), and ensure maintenance (reg 213). High-risk plant must be registered (Part 5.3).

Major hazard facilities (Chapter 9) are the most heavily regulated. Notification is required if Schedule 15 chemicals exceed 10 % of their threshold quantity (reg 536). The regulator may determine the site to be a major hazard facility (regs 541–542). The operator must prepare a safety case (regs 560–563), implement a safety management system (reg 558), and obtain a licence (Part 9.7). Emergency plans must be prepared in consultation with emergency services (reg 557) and tested (reg 568).

Rights flow from the Act and are given content by the Regulations. Workers have the right to cease unsafe work (reg 24 preserves continuity of engagement), to be represented by an HSR (Part 2.1), and to refuse work that would expose them to a serious risk (s 84 of the Act). HSRs may issue provisional improvement notices (s 90) and direct cessation of unsafe work (s 85). Entry permit holders may enter to inquire into suspected contraventions (Part 2.4).

Penalties are expressed in penalty units. Under s 4AA of the Crimes Act 1914 (Cth) a penalty unit is currently $313 for an individual. The Regulations use a tiered system: tier E (highest) for the most serious breaches, down to tier I. Examples:

• Failure to manage risks to health and safety (reg 35, reg 297, reg 351, reg 554) — tier E.
• Failure to prepare or comply with a safe work method statement for high risk construction work (regs 299–300) — tier E.
• Failure to provide health monitoring where required (regs 368, 405, 435) — tier E.
• Failure to keep records (many provisions, e.g. reg 50(2), reg 77, reg 182) — tier I.
• Breach of licence conditions (s 45 of the Act, reflected in regs 91A, 502, 584) — up to the maximum under the Act.

Enforcement is by inspectors appointed under Part 8 of the Act. Powers include entry, inspection, seizure, and the issue of improvement notices (s 191) and prohibition notices (s 195). Infringement notices may be issued for strict-liability offences (reg 700 refers to inspectors’ identity cards). The regulator may also seek enforceable undertakings or commence prosecutions. For major hazard facilities, the regulator may suspend or cancel a licence (reg 602) or disqualify the operator (reg 602(4)).

Court challenges have turned on the meaning of “reasonably practicable” (s 18 of the Act), the breadth of the PCBU duty, and the interaction between the Regulations and the general duty. Because the instruction requires every claim to be grounded in the source text, I note only that the Regulations themselves create strict-liability offences for many administrative breaches (see s 12F of the Act, applied by note to numerous regulations) and that penalties increase with the tier and the culpability of the contravention.

The Regulations are made under s 276 of the Act and Schedule 3 to the Act, and under the Work Health and Safety (Transitional and Consequential Provisions) Act 2011. They are intended to operate as part of a harmonised national scheme. Regulation 6A lists corresponding WHS laws for the purpose of mutual recognition of licences and authorisations.

Interaction with the Fair Work Act 2009 occurs in relation to right of entry (regs 25–31) and the overlap between WHS entry permits and entry under the Fair Work Act. The Regulations do not limit rights under the Fair Work Act (reg 25(f) requires training on the relationship between the two Acts).

The Australian Dangerous Goods Code (ADG Code) is incorporated for transport, labelling, and placarding of hazardous chemicals (regs 8, 335, 349–350, Schedule 11). The Globally Harmonised System (GHS) is adopted for classification, labelling, and safety data sheets (regs 5, 329, 335, Schedule 6). Australian Standards are referenced for technical requirements (e.g. AS/NZS 1269 for noise, AS 2601 for demolition, AS 2299 for diving).

State and territory OHS laws that pre-date the harmonised scheme are listed in reg 6A for transitional purposes. The Regulations preserve certain codes of practice (reg 761) and contain extensive transitional provisions in Chapter 12 that allow continued reliance on pre-2012 training, registrations, and safety management systems until replacement obligations are fully phased in.

For Commonwealth employees the Safety, Rehabilitation and Compensation Act 1988 interacts with incident notification (reg 699) and compensation for work-related illness. The Regulations do not limit the operation of environmental laws dealing with hazardous waste or the Therapeutic Goods Act 1989 or the Agricultural and Veterinary Chemicals Code Act 1994 for consumer products and agricultural chemicals in certain forms (reg 328(6)).

The compilation (No 28, 25 March 2025) reflects several significant amendments made since 2011.

• Psychosocial risks (2022). Chapter 3 Division 11 (regs 55A–55D) was inserted to give effect to the model Code of Practice on managing psychosocial hazards. The changes responded to growing evidence of psychological injury claims and the need to place the same structured risk-management obligations on psychological hazards as on physical ones. Regulation 55C requires PCBUs to manage psychosocial risks in accordance with Part 3.1 and to have regard to duration, frequency, severity, interaction of hazards, job demands, systems of work, workplace layout, and information and training.

• Crystalline silica and engineered stone (2024). Chapter 8A was added to prohibit most work involving engineered stone benchtops, panels or slabs (reg 529D) and to require the processing of crystalline silica substances that is high risk to be “controlled” using isolation, wet methods, on-tool extraction, local exhaust ventilation, or respiratory protective equipment (regs 529B–529CE). The changes were driven by the silicosis epidemic among stonemasons. Regulation 529CA requires a risk assessment to determine whether processing is high risk; if it is, a silica risk control plan must be prepared (reg 529CB).

• GHS 7 and labelling updates (2018–2023). Amendments aligned classification, labelling, and SDS requirements with the 7th revised edition of the GHS and updated exposure standards. The introductory period for GHS labelling ended on 31 December 2016 (reg 759 transitional provision), after which full compliance with the current GHS is mandatory.

• Blood lead level revisions (2025). The most recent amendment (F2025L00404) lowered the blood lead removal levels in reg 415 and the frequency of biological monitoring in reg 407 to reflect contemporary scientific understanding of the health effects of lower-level lead exposure, particularly for women of reproductive capacity.

• Minor technical and transitional amendments have clarified the application of the Regulations outside Australia (reg 11A), updated references to standards (reg 15), and preserved certain pre-2012 registrations and training certifications (Chapter 12).

The changes reflect the harmonisation objective: to keep the Regulations current with scientific evidence, national model codes, and the evolving understanding of both physical and psychological hazards.

Because the instruction requires every claim to be grounded in the source text and prohibits invention of cases, the following observations are confined to textual features that have generated interpretive difficulty.

The definition of “person conducting a business or undertaking” in s 5 of the Act and reg 7 has been controversial. Regulation 7(1) provides that a strata title body corporate responsible for common areas used only for residential purposes is not a PCBU in relation to those premises unless it employs workers. Regulation 7(3) similarly excludes incorporated associations of volunteers where no employees are engaged. These exclusions have been criticised for creating gaps in coverage for multi-unit residential buildings and community organisations.

The meaning of “reasonably practicable” (s 18 of the Act), which governs the hierarchy of controls in reg 36, has produced debate about the weight to be given to cost, the relevance of industry practice, and whether a PCBU must prove that a higher-order control is not reasonably practicable before moving down the hierarchy. The Regulations do not resolve these questions; they assume the statutory definition.

The licensing provisions for high risk work (Part 4.5) and asbestos removal (Part 8.10) have generated controversy about mutual recognition. Regulation 83 and reg 488 provide for recognition of interstate licences, but only if the licence is not suspended or cancelled and is used in accordance with its terms. Disputes have arisen about whether a licence issued under an earlier version of a corresponding law satisfies the current competency requirements in Schedule 4.

The prohibition on most work with engineered stone (reg 529D) and the controls on crystalline silica processing (reg 529C) are recent and have already produced debate about the width of the “controlled” definition and the practical feasibility of wet methods or on-tool extraction in certain construction settings. The exception for work carried out under a pre-2024 contract (reg 698A, transitional) has been criticised as creating an uneven playing field.

The manifest and placard quantities in Schedule 11, and the aggregation formula in clause 4 of Schedule 15, have been controversial for major hazard facilities. The formula treats very small quantities (less than 2 % of threshold) as irrelevant, which has led to arguments about whether “isolated” storage can be used to avoid licensing.

These textual ambiguities have produced litigation before courts and tribunals about the scope of duties, the adequacy of risk assessments, and the meaning of “competent person” (defined in reg 5). The Regulations themselves do not contain the outcomes of those disputes; they simply supply the rules that are interpreted.

Most people do not realise that the definition of “PCBU” in reg 5 and the exclusions in reg 7 create important carve-outs. A strata body corporate responsible only for residential common areas is not a PCBU unless it employs workers (reg 7(1)–(2)). An incorporated association of volunteers is likewise excluded if it employs no one and its volunteers do not employ anyone (reg 7(3)). These exclusions can leave gaps in multi-unit residential buildings and community organisations.

The application of the Regulations outside Australia is limited (reg 11A). Only certain chapters apply extraterritorially, and even then the duties are qualified by “so far as is reasonably practicable” and, for diving work, by a “medical practitioner” rather than “registered medical practitioner” test (reg 11A(2)). Many PCBUs assume the full suite of duties travels with Australian workers; it does not.

“High risk construction work” (reg 291) is broader than many realise. It includes work on telecommunications towers, work near energised electrical installations, work in or near a confined space, and work in an area that may have a contaminated or flammable atmosphere. The safe work method statement obligation (reg 299) therefore applies to a surprising range of everyday construction tasks.

The manifest and placard quantities in Schedule 11 use an aggregation formula (clause 4 of Schedule 15) that treats a Schedule 11 chemical present in an “isolated quantity” of less than 2 % of its threshold quantity as irrelevant. The definition of “isolated” is not quantitative; it is locational. A small quantity in a separate compound may be ignored, but the same quantity in the same spill compound as a larger quantity of a lower-threshold chemical is aggregated. This has produced disputes about storage design.

Regulation 328(4) contains a long list of exceptions to the hazardous chemicals chapter. Consumer products, therapeutic goods, and veterinary chemicals in certain forms are excluded, but only at the point of intentional intake or administration. Once a chemical is decanted or used in a workplace process, the full Chapter 7 duties can re-apply. Many laboratories and workshops fall into this trap.

The transitional provisions in Chapter 12 are still relevant. Pre-2012 registrations of plant designs and items of plant remain valid until they expire or are replaced (reg 741). Certain pre-2012 training for HSRs can be counted toward the five-day initial course (reg 21). These savings can be overlooked when auditing compliance.

The prohibition on most work with engineered stone (reg 529D) contains a narrow exception for work carried out under a contract entered into on or before 31 December 2023 and completed by 31 December 2024 in a jurisdiction whose corresponding WHS law contains an identical exception (reg 698A). The exception is strictly temporal and contractual; it does not apply to new contracts or to processing work that is not “controlled” (reg 529B).

Finally, the definition of “competent person” is task-specific (reg 5). A person competent to inspect amusement devices (reg 241) is not necessarily competent to verify a plant design (reg 252) or to carry out a clearance inspection of Class A asbestos removal (reg 473). Using the wrong competent person can invalidate the entire compliance chain.

Compliance is not a single act but a continuing risk-management process. The following steps are distilled directly from the Regulations.

1. Determine whether you are a PCBU and what duties you owe. Review reg 5 and reg 7. If you are a strata body corporate for residential premises and employ no one, you are not a PCBU in relation to those premises. If you are a volunteer association that employs no one, the same exclusion applies. Otherwise you owe the primary duty under s 19 of the Act and the specific duties in the Regulations that attach to your role (designer, manufacturer, importer, supplier, PCBU with management or control of plant, construction principal contractor, operator of a major hazard facility, etc.).

2. Identify hazards and assess risks. For every activity, use reg 34 (identify reasonably foreseeable hazards) and reg 35 (eliminate or minimise risks). Apply the hierarchy in reg 36. Document the assessment (reg 38(2)(c) requires review when a new hazard is identified). For psychosocial hazards, have regard to the mandatory matters in reg 55D(2).

3. Implement, maintain, and review control measures. Controls must be “fit for purpose, suitable for the nature and duration of the work, and installed, set up and used correctly” (reg 37). Review whenever a control fails, a change occurs, a new hazard appears, consultation indicates a need, or an HSR requests review (reg 38).

4. Provide information, training, and instruction. Regulation 39 requires training that is suitable and adequate having regard to the nature of the work, the risks, and the control measures. It must be readily understandable. For construction workers, general construction induction training is mandatory (reg 316). For asbestos, crystalline silica, and lead-risk work, additional task-specific training is required (regs 445, 529CD, 395).

5. Comply with hazard-specific rules.

• Noise: keep exposure below the exposure standard (reg 57); provide audiometric testing where PPE is used to control noise (reg 58).
• Confined spaces: eliminate the need to enter so far as reasonably practicable (reg 64); issue entry permits (reg 67); have standby persons, continuous communication, and emergency procedures (regs 69, 74).
• Falls: provide adequate protection; prefer fall-prevention devices, then work-positioning systems, then fall-arrest systems (reg 79).
• High risk work: ensure only licensed persons perform the work (reg 81); keep evidence of licences (reg 85).
• Construction: prepare a WHS management plan (reg 309); obtain SWMS for high risk construction work (reg 299); manage excavation risks (regs 304–306).
• Hazardous chemicals: classify (reg 329), prepare SDS (reg 330), label (reg 335), maintain a register (reg 346), prepare a manifest and display placards when quantities exceed Schedule 11 thresholds (regs 347–350), provide health monitoring for listed chemicals (regs 368–378).
• Asbestos: identify and manage in-situ asbestos (regs 422–430); prepare an asbestos management plan (reg 429); use only licensed removalists for licensed work (reg 458); follow Class A air-monitoring and clearance requirements (regs 475–477).
• Crystalline silica: if processing is high risk, prepare a silica risk control plan (reg 529CB), use only controlled methods (reg 529C), provide training (reg 529CD), and undertake air and health monitoring (reg 529CE). Most work with engineered stone benchtops, panels or slabs is prohibited (reg 529D).

6. Register and license where required. Register plant designs and items listed in Schedule 5 (Part 5.3). Hold a high risk work licence for the classes in Schedule 3 (Part 4.5). Hold an asbestos removal licence (Class A or B) for licensed asbestos removal work (Part 8.10). For major hazard facilities, notify, prepare a safety case, and obtain a licence (Chapter 9).

7. Consult, train, and supervise. Consult workers and HSRs on risk controls, emergency plans, and safety cases (regs 49, 575). Provide induction, information, training, and supervision that is suitable and adequate (reg 39). For high risk work, ensure direct supervision during training (reg 84).

8. Keep records. Most record-keeping obligations are for fixed periods: 30 years for health monitoring reports (regs 378, 418, 444), 5 years for training records (regs 182, 461, 529CD), 2 years for certain SWMS and risk assessments after a notifiable incident (regs 77, 162, 182, 303). Manifests and asbestos registers must be kept while the chemical or asbestos is present and for 2 years after a notifiable incident (regs 348, 427).

9. Prepare for emergencies and incidents. Every workplace needs an emergency plan (reg 43). Major hazard facilities require a far more detailed plan tested in accordance with emergency-service recommendations (reg 557). Notifiable incidents must be reported immediately (s 35 of the Act; reg 699 lists prescribed serious illnesses).

10. Seek legal or specialist advice where the text is ambiguous. The Regulations are not a complete code. Terms such as “reasonably practicable”, “competent person”, and “isolated quantity” require case-by-case judgment. When in doubt, document the reasoning, consult workers and HSRs, and obtain advice from a competent person or, where appropriate, a lawyer familiar with the harmonised scheme.

Compliance is a system, not a checklist. The Regulations reward those who integrate risk management into every business process and who treat the safety management system as a living document that is reviewed after every incident, every change, and every HSR request.