Purpose:

This legislation provides a balanced and nationally consistent framework to secure the health and safety of workers and workplaces.

Objectives:

• Protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant.
• Providing for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety.
• Encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment.
• Promoting the provision of advice, information, education and training in relation to work health and safety.
• Securing compliance with this Act through effective and appropriate compliance and enforcement measures.
• Ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act.
• Providing a framework for continuous improvement and progressively higher standards of work health and safety.
• Maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.

Key Provisions:

• Primary Duty of Care: Imposes a general duty on persons conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of workers and other persons affected by the business or undertaking.
• Further Duties of Persons Conducting Businesses or Undertakings: Specifies duties related to the management or control of workplaces, fixtures, fittings, and plant, as well as duties for those who design, manufacture, import, supply, install, construct, or commission plant, substances, or structures.
• Duty of Officers, Workers, and Other Persons: Outlines specific duties for officers (due diligence), workers (reasonable care, compliance with instructions), and other persons at a workplace (reasonable care, compliance with instructions).
• Industrial Manslaughter: Establishes an offence for industrial manslaughter committed by a person conducting a business or undertaking or an officer, involving gross negligence that causes the death of a worker or other individual.
• Incident Notification: Requires immediate notification to the regulator of notifiable incidents (death, serious injury or illness, or dangerous incidents) and the preservation of incident sites.
• Authorisations: Requires specific workplaces, plant, substances, or types of work to be authorised or carried out by persons with prescribed qualifications or experience, and mandates compliance with authorisation conditions.
• Consultation, Representation, and Participation: Mandates consultation between duty holders, and with workers, regarding work health and safety matters, including the establishment of health and safety representatives and committees, and procedures for issue resolution and cessation of unsafe work.
• Prohibition of Discriminatory, Coercive, and Misleading Conduct: Prohibits actions against persons for exercising their rights or roles under the Act, and prohibits coercion, inducement, or misrepresentation regarding rights and obligations.
• Workplace Entry by WHS Entry Permit Holders: Defines rights and responsibilities for union officials holding WHS entry permits to enter workplaces for specific work health and safety purposes.
• Powers of Regulator and Inspectors: Grants the regulator and appointed inspectors powers to monitor compliance, obtain information, enter workplaces, seize evidence, issue notices (improvement, prohibition, non-disturbance, prohibited asbestos), and take remedial action.
• Enforceable Undertakings: Allows the regulator to accept written undertakings from persons in connection with contraventions or alleged contraventions of the Act, serving as an alternative enforcement measure.
• Legal Proceedings and Penalties: Outlines procedures for prosecuting offences, including strict liability for physical elements, specifying maximum penalties, limitation periods, and provisions for adverse publicity orders, restoration orders, and training orders.
• General Provisions: Covers matters such as prohibitions on false or misleading information, protection of legal professional privilege, immunity from liability, confidentiality of information, prohibition on contracting out of duties, and a ban on certain insurance or indemnity arrangements for monetary penalties.
• Silica Worker Registration: Establishes a framework for a silica worker register and mandates information provision to it.
• Rural Workers Accommodation: Re-enacts provisions requiring the provision of suitable, free accommodation for rural workers at rural premises if required by the nature of their work.

Evidence of Compliance Requirements For Agricultural Organisations:

• Ensuring Health and Safety (Section 19):
  • Work Environment: Provide and maintain a work environment without risks to health and safety. Requires documented risk assessments, safe work procedures, and evidence of implementation (e.g., safety audits, environmental monitoring reports).
  • Plant and Structures: Provide and maintain safe plant and structures. Requires records of plant inspection, maintenance, repairs, and certification, and structural integrity reports.
  • Systems of Work: Provide and maintain safe systems of work. Requires documented safe operating procedures (SOPs), work method statements (WMS), and records of worker training and adherence.
  • Handling and Storage: Ensure safe use, handling, and storage of plant, structures, and substances. Requires documented inventory of substances, Safety Data Sheets (SDS), hazardous substance registers, and records of training in safe handling procedures.
  • Welfare Facilities: Provide adequate facilities for worker welfare, including access. Requires records of facility maintenance, hygiene checks, and accessibility assessments.
  • Information, Training, Instruction, Supervision: Provide necessary information, training, instruction, or supervision to protect persons from risks. Requires documented training programs, attendance records, competency assessments, and supervision logs.
  • Worker Health and Workplace Monitoring: Monitor the health of workers and conditions at the workplace to prevent illness or injury. Requires documented health monitoring programs (e.g., audiometric testing records, lung function tests), exposure monitoring reports, and workplace inspection reports.
  • Rural Accommodation (Section 19(4) & Schedule 5): If providing worker accommodation owned or managed by the business and necessary for engagement, maintain premises without risks to health and safety and provide it free of cost. Requires accommodation inspection reports, maintenance records, and payroll/financial records demonstrating no charge.
• Duties of Designers, Manufacturers, Importers, Suppliers, Installers (Sections 22-26):
  • Calculations, Analysis, Testing, Examination: Carry out or arrange for necessary calculations, analysis, testing, or examination to ensure safety. Requires documented test reports, engineering certificates, and analysis results for plant, substances, or structures provided.
  • Information Provision: Give adequate information to subsequent persons about design purpose, test results (including hazardous properties of substances), and conditions for safe use. Requires provision of user manuals, safety data sheets, and installation guides.
• Duty of Officers (Section 27):
  • Due Diligence: Exercise due diligence to ensure compliance with the Act. Requires documented evidence of:
    • Acquiring and keeping up-to-date knowledge of WHS matters (e.g., training certificates, conference attendance records).
    • Gaining understanding of operations, hazards, and risks (e.g., participation in risk reviews, operational reports).
    • Ensuring appropriate resources and processes for risk elimination/minimisation (e.g., budget allocations for WHS, procurement policies, process documentation).
    • Ensuring processes for receiving and considering incident, hazard, and risk information and timely response (e.g., incident investigation reports, hazard reporting systems, management meeting minutes demonstrating review).
    • Ensuring implementation of processes for complying with duties/obligations (e.g., WHS management system documentation, internal audit reports).
    • Verifying the provision and use of resources and processes (e.g., audit findings, management reviews of WHS performance).
• Incident Notification (Section 38):
  • Immediate Notification: Notify the regulator immediately by telephone or in writing upon becoming aware of a notifiable incident. Requires records of initial communication (e.g., time-stamped call logs, email sent).
  • Written Notice: If by telephone, provide a written notice in the approved form or with approved details within 48 hours if required by the regulator. Requires submission records of written reports.
  • Record Keeping: Keep a record of each notifiable incident for at least 5 years from the date of notice. Requires maintaining an incident register or file for the specified period.
• Preserve Incident Sites (Section 39):
  • Site Preservation: Ensure the incident site is not disturbed until an inspector arrives or directs otherwise. Requires documented evidence of site isolation, restriction of access, and non-disturbance measures.
• Authorisations (Sections 41-45):
  • Compliance with Authorisation Requirements: Do not conduct business, use plant/substance, or carry out work requiring authorisation without it. Requires holding and maintaining valid licences, permits, or registrations as required by regulations (e.g., plant registration certificates, high-risk work licenses).
  • Prescribed Qualifications/Experience: Ensure workers carrying out specific work have prescribed qualifications or experience, or are supervised by such a person. Requires training records, qualification certificates, and supervision documentation.
  • Conditions of Authorisation: Comply with conditions of any authorisation. Requires documented procedures for adherence to conditions and records of compliance checks.
• Consultation with Other Duty Holders (Section 46):
  • Consultation Records: Consult, co-operate, and co-ordinate activities with other duty holders for the same matter. Requires records of consultation meetings, agreements, and co-ordination efforts.
• Consultation with Workers (Sections 47-49):
  • Consultation Procedures: If agreed procedures for consultation exist, follow them. Requires documented agreed procedures and records of their application.
  • Information Sharing & Feedback: Share relevant information with workers, provide reasonable opportunity for views/issues, take views into account, and advise outcomes timely. Requires minutes of consultation meetings, feedback logs, and communication records.
• Health and Safety Representatives (HSRs) (Sections 50-74):
  • Facilitate Elections & Work Groups: Facilitate election of HSRs and determination of work groups upon worker request. Requires records of requests, negotiation progress, and determined work group agreements.
  • Provide Resources for Elections: Provide necessary resources, facilities, and assistance for HSR elections. Requires records of resource allocation.
  • General Obligations to HSRs: Consult, confer, allow access to information (excluding personal/medical without consent), provide resources/facilities/assistance, allow access for HSR assistants, permit HSR to accompany inspector. Requires meeting minutes, information disclosure logs (with consent), resource provision records, and visitor logs.
  • Time Off with Pay: Allow HSRs reasonably necessary time for their functions with pay. Requires payroll records and HSR activity logs.
  • HSR Training: Allow HSRs to attend approved WHS training and pay course fees/reasonable costs within 3 months of request. Requires training request forms, approval records, attendance certificates, and payment receipts.
  • List of HSRs: Prepare and keep an up-to-date list of HSRs and deputies. Display a copy at the principal place of business and appropriate workplaces, readily accessible. Provide a copy to the regulator as soon as practicable. Requires the physical list, evidence of display locations, and submission confirmation to the regulator.
• Health and Safety Committees (Sections 75-79):
  • Establishment: Establish a health and safety committee within 2 months of request by an HSR or 5+ workers, or as required by regulations. Requires documented committee establishment and terms of reference.
  • Time Off with Pay: Allow committee members reasonably necessary time for meetings and functions with pay. Requires payroll records and meeting attendance records.
  • Information Access: Allow committee access to information on hazards and worker health (excluding personal/medical without consent). Requires meeting minutes and information logs.
• Resolution of Health and Safety Issues (Section 81):
  • Efforts for Resolution: Make reasonable efforts to achieve timely, final, and effective resolution of issues according to agreed procedures or default procedures. Requires documented issue resolution procedures and records of attempts at resolution.
• Worker Ceasing Unsafe Work (Section 86):
  • Notification: Worker must notify PCBU as soon as practicable if ceasing work due to unsafe conditions (unless directed by HSR).
  • Availability for Alternative Work: Worker must remain available to carry out suitable alternative work.
• Compliance with Notices (Sections 99, 193, 197, 197D, 200):
  • Provisional Improvement Notice (PIN): Comply with the PIN within the specified time, unless an inspector has been required to review it. Requires documented evidence of remedial actions taken within the timeframe.
  • Improvement Notice: Comply with the notice within the specified period. Requires documented evidence of remedial actions taken within the timeframe.
  • Prohibition Notice: Comply with the direction or notice. Requires immediate cessation of prohibited activity and documented evidence of remedial actions before resuming.
  • Prohibited Asbestos Notice: Comply with the notice. Requires documented evidence of management and removal actions taken by the specified day.
  • Non-Disturbance Notice: Comply with the notice (e.g., preserve site). Requires documented evidence of non-disturbance measures.
  • Display of Notice (Section 210): Display a copy of any notice (improvement, prohibition, non-disturbance, prohibited asbestos) in a prominent place at or near the affected workplace as soon as possible. Do not intentionally remove, destroy, damage, or deface the displayed notice while in force. Requires photographs or documented confirmation of notice display.
• WHS Undertakings (Section 219):
  • Compliance: Comply with any WHS undertaking made by the person. Requires detailed records of actions, projects, or changes implemented as per the undertaking.
• Prohibited Insurance/Indemnity Arrangements (Section 272A):
  • Non-engagement: Do not enter into contracts of insurance or other arrangements, or provide/take benefit of indemnity for monetary penalties under the Act. Evidence would be the absence of such contracts in financial records or legal agreements.
• No Levy on Workers (Section 273):
  • Non-imposition: Do not impose a levy or charge on a worker for anything done or provided in relation to work health and safety. Evidence would be financial records and payroll statements showing no such deductions or charges.
• Silica Worker Register (Section 273A):
  • Information Provision: Give SafeWork NSW information for inclusion on the silica worker register, in accordance with regulations. Requires records of information submitted and confirmation of receipt.

Metadata Keywords:

Work Health and Safety, WHS, OHS, Agriculture, Farm Safety, Compliance, Risk Management, Incident Notification, Rural Accommodation, New South Wales

Publication Information:

Publication date: 2 March 2025 (Historical version for access on 25 July 2025) Version number: No 10 (2011)

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://legislation.nsw.gov.au/view/whole/pdf/inforce/2025-04-22/act-2011-010 →