Purpose:

The purpose of this Act is to provide a balanced and nationally consistent framework to secure the health and safety of workers and workplaces.

Objectives:

• To protect 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.
• To provide for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety.
• To encourage 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.
• To promote the provision of advice, information, education and training in relation to work health and safety.
• To secure compliance with this Act through effective and appropriate compliance and enforcement measures.
• To ensure appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act.
• To provide a framework for continuous improvement and progressively higher standards of work health and safety.
• To maintain and strengthen 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 businesses or undertakings to ensure, so far as is reasonably practicable, the health and safety of workers and other persons at the workplace.
• Further duties of persons conducting businesses or undertakings: Specifies duties related to the management or control of workplaces, fixtures, fittings, plant, and duties for designers, manufacturers, importers, suppliers, installers, constructors, and commissioners of plant, substances, or structures.
• Duty of officers, workers and other persons: Outlines the duties of officers to exercise due diligence, and the duties of workers and other persons at the workplace regarding their own and others’ health and safety.
• Incident notification: Establishes requirements for notifying the regulator of notifiable incidents (death, serious injury or illness, or dangerous incidents) and preserving incident sites.
• Authorisations: Sets out requirements for authorisation (licence, permit, registration, or other authority) of workplaces, plant, substances, and specific types of work, including compliance with prescribed qualifications or experience.
• Consultation, representation and participation: Mandates duties for consultation, co-operation, and co-ordination between duty holders and with workers, and establishes provisions for health and safety representatives and health and safety committees.
• Workplace entry by WHS entry permit holders: Defines rights and responsibilities for union WHS entry permit holders to enter workplaces for inquiries into suspected contraventions or to consult and advise workers.
• Securing compliance and enforcement measures: Details the appointment and powers of inspectors, including powers of entry, to require information, seize evidence, and issue improvement notices, prohibition notices, and non-disturbance notices.
• Enforceable undertakings: Allows the regulator to accept written undertakings for contraventions or alleged contraventions of the Act (excluding industrial manslaughter or Category 1 offences).
• Legal proceedings: Covers prosecution procedures, sentencing for offences, infringement notices, and civil penalty provisions, including provisions for industrial manslaughter offences.
• General provisions: Addresses false or misleading information, immunity from liability, confidentiality of information, prohibition of contracting out of duties, prohibition of insurance or indemnity against penalties, and prevention of levying workers for WHS costs.

Evidence of Compliance Requirements For Agricultural Organisations:

• Primary Duty of Care (Section 19):
  • Action: Ensure, so far as reasonably practicable, the health and safety of workers and other persons at the workplace.
  • Documentation or action needed: Establish and maintain safe work environments, plant, structures, and systems of work. This includes conducting risk assessments, implementing control measures, providing and maintaining safe equipment, and ensuring safe handling and storage of substances. Provide adequate facilities for welfare, and necessary information, training, instruction, and supervision to protect all persons. Monitor the health of workers and workplace conditions to prevent illness or injury.
• Duty for Management or Control of Workplaces/Plant/Fixtures (Sections 20, 21):
  • Action: Ensure, so far as reasonably practicable, that the workplace, its entry/exit points, anything arising from it, and any fixtures, fittings, or plant under management or control, are without risks to health and safety.
  • Documentation or action needed: Implement regular inspections, maintenance schedules, and safety audits for physical premises, access routes, and all fixed and mobile equipment.
• Duties of Designers, Manufacturers, Importers, Suppliers (Sections 22, 23, 24, 25):
  • Action: Ensure, so far as reasonably practicable, that plant, substances, or structures are designed, manufactured, imported, or supplied without risks to health and safety throughout their lifecycle (including use, handling, storage, construction, assembly, decommissioning, dismantling, demolition, disposal).
  • Documentation or action needed: Carry out or arrange necessary calculations, analysis, testing, or examination to confirm safety. Provide adequate information to subsequent persons (e.g., users, handlers, constructors) regarding purpose, test results, hazardous properties (for substances), and necessary conditions for safe use. On request, provide current relevant information.
• Duty of Persons Installing, Constructing or Commissioning Plant or Structures (Section 26):
  • Action: Ensure, so far as reasonably practicable, that the installation, construction, or commissioning of plant or a structure ensures it is without risks to health and safety.
  • Documentation or action needed: Develop and implement safe work method statements, commissioning plans, and verification processes to ensure the safety of the plant or structure during and after installation, construction, or commissioning.
• Duty of Officers (Section 27):
  • Action: Exercise due diligence to ensure the business or undertaking complies with its WHS duties and obligations.
  • Documentation or action needed: This includes taking reasonable steps to:
    • Acquire and keep up-to-date knowledge of WHS matters (e.g., records of WHS training, professional development).
    • Gain an understanding of the nature of operations and associated hazards/risks (e.g., documented risk registers, operational reviews).
    • Ensure appropriate resources and processes are available and used for risk elimination/minimisation (e.g., budget allocations for WHS, documented WHS policies and procedures).
    • Ensure appropriate processes for receiving and considering WHS information (incidents, hazards, risks) and timely response (e.g., incident investigation procedures, safety meeting minutes).
    • Ensure processes for complying with all Act’s duties (e.g., documented procedures for incident reporting, worker consultation, compliance with WHS notices, provision of WHS training for workers and Health and Safety Representatives (HSRs)).
    • Verify the provision and use of these resources and processes (e.g., internal and external audit reports, management reviews of WHS performance).
• Duty to Notify of Notifiable Incidents (Section 38):
  • Action: Notify the regulator immediately after becoming aware of a notifiable incident (death, serious injury/illness, or dangerous incident) arising from the business or undertaking.
  • Time frames: Immediately.
  • Reporting requirements: Notice must be given by telephone or in writing (e.g., fax, email, electronic means) using the fastest possible means. If by telephone, provide details requested by the regulator and, if required, a written notice within 48 hours. Written notice must be in a form or contain details approved by the regulator.
  • Record-keeping: Keep a record of each notifiable incident for at least 5 years from the day notice is given to the regulator.
• Duty to Preserve Incident Sites (Section 39):
  • Action: Ensure, so far as reasonably practicable, that the site (including plant, substance, structure, or thing associated) where a notifiable incident occurred is not disturbed until an inspector arrives or directs otherwise.
  • Action needed: Implement procedures to isolate and protect incident sites immediately following a notifiable incident, allowing only actions necessary to assist injured persons, remove deceased persons, make the site safe, minimise further risk, for police investigation, or with inspector/regulator permission.
• Requirements for Authorisation (Sections 41, 42, 43, 44, 45):
  • Action: Do not conduct business/undertaking, use plant/substance, or allow workers to carry out work if regulations require authorisation (licence, permit, registration) or prescribed qualifications/experience, and these are not in place. Comply with all conditions of any authorisation.
  • Documentation or action needed: Obtain and maintain all required authorisations for workplaces, plant, substances, and specific work types. Verify and maintain records of workers’ and supervisors’ prescribed qualifications and experience. Implement procedures to ensure ongoing compliance with all conditions of authorisations.
• Duty to Consult with Other Duty Holders (Section 46):
  • Action: Consult, co-operate, and co-ordinate activities with all other persons who have a duty in relation to the same matter, so far as reasonably practicable.
  • Documentation or action needed: Document details of consultation meetings, decisions made, and agreed co-ordination arrangements with other duty holders.
• Duty to Consult Workers (Sections 47, 48, 49):
  • Action: Consult, so far as reasonably practicable, with workers (and their HSR if applicable) who are or are likely to be directly affected by WHS matters. This requires sharing information, providing reasonable opportunity for workers to express views and contribute to decision-making, taking views into account, and advising workers of outcomes.
  • Documentation or action needed: Records of consultation processes, including meeting minutes, communication logs, and documented evidence of worker input and feedback incorporated into WHS decisions. Consultation is specifically required when: identifying hazards and assessing risks; deciding ways to eliminate or minimise risks; deciding adequacy of welfare facilities; proposing changes affecting health or safety; deciding procedures for consulting, issue resolution, health monitoring, workplace condition monitoring, and information/training.
• Health and Safety Representatives (HSRs) & Committees (HSCs):
  • Facilitation of HSR Elections (Sections 51, 52, 53, 61):
    • Action: If requested by a worker, facilitate the determination of work groups by negotiation within 14 days and provide necessary resources/facilities/assistance for HSR elections. Notify workers of negotiation outcomes.
    • Time frames: Commence negotiations within 14 days.
    • Documentation or action needed: Records of requests for HSRs, negotiation meetings, agreed work group determinations, and resources provided for elections.
  • General Obligations to HSRs (Section 70):
    • Action: Consult and confer with HSRs on WHS matters, provide HSRs access to information (non-personal) on hazards/risks and worker health/safety, allow HSRs to be present at WHS interviews (with worker consent), provide reasonable resources and assistance, allow HSR assistants access to the workplace (subject to conditions), and permit HSRs to accompany inspectors. Allow HSRs reasonable time with pay to perform functions.
    • Documentation or action needed: Documented WHS information sharing policies, records of assistance provided, and clear payroll procedures for HSR time spent on WHS duties.
  • Obligation to Train HSRs (Section 72):
    • Action: At an HSR’s request, allow attendance at regulator-approved WHS training.
    • Time frames: Allow time off work within 3 months after the request.
    • Measurement standards: Pay course fees and other reasonable costs associated with attendance. Provide time off with normal pay. Entitlement for prescribed number of days: 5 days in the first year of office, 3 days in the second, and 2 days in the third.
    • Documentation or action needed: Records of HSR training requests, approval of courses, attendance records, and payment receipts for fees and wages.
  • List of HSRs (Section 74):
    • Action: Prepare and keep up-to-date a list of HSRs and deputy HSRs for each work group. Display a copy prominently and accessibly at the principal place of business and appropriate workplaces. Provide a copy of the up-to-date list to the regulator as soon as practicable.
    • Documentation or action needed: Maintain an up-to-date HSR list, records of display locations, and confirmation of submission to the regulator.
  • Establishment of HSCs (Section 75):
    • Action: Establish a health and safety committee within 2 months of a request from an HSR or 5 or more workers, or if required by regulations.
  • Duties to HSCs (Section 79):
    • Action: Allow HSC members reasonable time with pay for meetings and committee functions. Allow the HSC access to information (non-personal) on workplace hazards/risks and worker health/safety.
    • Documentation or action needed: Maintain records of HSC meetings, attendance, and information shared with the committee.
• Resolution of Health and Safety Issues (Section 81):
  • Action: Make reasonable efforts to achieve timely, final, and effective resolution of WHS issues in accordance with agreed procedures or the default procedure prescribed in regulations.
  • Documentation or action needed: Maintain records of WHS issues raised, resolution attempts, and outcomes.
• Management of Cease Work Directions (Section 87):
  • Action: If a worker ceases unsafe work, the business may direct the worker to carry out suitable alternative work at the same or another workplace, provided it is safe and appropriate, until normal duties can resume.
• Provisional Improvement Notices (PINs) (Section 97, 99):
  • Action: A person to whom a PIN is issued must as soon as practicable display a copy prominently at or near the affected workplace. Comply with the PIN within the specified time if no inspector review is requested.
  • Time frames: As soon as practicable for display; within time specified in the notice for compliance.
  • Documentation or action needed: Records of PIN receipt, display location, and actions taken to comply.
• WHS Entry Permit Holders (Section 118, 144, 145):
  • Action: Do not, without reasonable excuse, refuse or fail to allow a WHS entry permit holder to inspect and copy documents directly relevant to a suspected contravention (subject to privacy laws and inspector directions). Do not refuse or unduly delay entry to a workplace by an entitled WHS entry permit holder, nor intentionally and unreasonably hinder or obstruct them.
  • Documentation or action needed: Provide access to documents and entry upon lawful request.
• Compliance with Reasonable WHS Requirements (Section 128):
  • Action: Ensure that WHS entry permit holders comply with any reasonable request to comply with workplace WHS requirements and other legislated requirements.
  • Documentation or action needed: Clearly communicate and enforce workplace WHS requirements to all visitors, including WHS entry permit holders.
• Regulator Powers to Obtain Information (Section 155):
  • Action: Comply with a written notice from the regulator to provide information, produce documents, or appear and give evidence/produce documents related to a possible contravention or for monitoring compliance.
  • Time frames: Within the time and in the manner specified in the notice.
  • Documentation or action needed: Provide accurate information, specified documents, or testimony as required.
• Inspector Powers & Notices (Sections 165, 177, 193, 197, 200, 210):
  • Action: Provide reasonable help to inspectors exercising compliance powers. Do not tamper with seized items. Comply with improvement notices, prohibition notices, and non-disturbance notices. Display copies of all such notices prominently at affected workplaces as soon as possible.
  • Time frames: Immediately for oral prohibition directions; within specified time for improvement/non-disturbance notices; as soon as possible for display of notices.
  • Documentation or action needed: Records of inspector visits, compliance actions taken in response to notices, and clear display of notices.
• Compliance with Enforceable Undertakings (Section 219):
  • Action: Comply with any WHS undertaking that has been accepted by the regulator and is in effect.
  • Documentation or action needed: Implement and track completion of all actions and commitments outlined in the WHS undertaking.
• Compliance with Court Orders (Section 242):
  • Action: Comply, without reasonable excuse, with any court orders issued as a result of an offence (e.g., adverse publicity, restoration, WHS project, training orders).
  • Time frames: Within periods specified in the order.
  • Documentation or action needed: Provide evidence to the regulator that actions specified in adverse publicity orders were taken within 7 days after the end of the specified period. Maintain records of actions taken to fulfil restoration, WHS project, or training orders.
• General Provisions (Sections 268, 272, 272A, 273):
  • Action: Do not give false or misleading information or documents when complying or purportedly complying with the Act. Do not enter into agreements that exclude, limit, or modify WHS duties or transfer duties. Do not enter into, provide, or benefit from insurance/indemnity for monetary penalties under the Act. Do not impose or permit a levy or charge on workers for anything done or provided in relation to work health and safety.
  • Documentation or action needed: Implement internal controls and training to ensure accuracy of information provided. Review and amend contracts to ensure no contracting out or invalid insurance clauses. Establish financial policies to ensure WHS costs are not passed on to workers.

Metadata Keywords:

Work Health and Safety, WHS Act 2012, South Australia, Workplace Safety, Health and Safety Duties, Incident Notification, Enforcement, Compliance, WHS Undertakings, Industrial Manslaughter

Publication Information:

Version: 1.7.2025 Published under the Legislation Revision and Publication Act 2002

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://www.legislation.sa.gov.au/__legislation/lz/c/a/work%20health%20and%20safety%20act%202012/current/2012.40.auth.pdf →