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The five diseases / Lapsed compliance

What does lapsed compliance cost a construction contractor?

Lapsed compliance is losing the right to work because a date passed: an insurance certificate, a prequalification, a licence, a plant registration or a worker's ticket that expired before anyone renewed it. A high-risk work licence has to be current before the plant is operated (WHS Regulation s 81). It is usually found by the client or the auditor, not the contractor.

How it shows up on a job

The insurance lapsed the week the client checked.

  • A worker's high-risk work licence lapses while they are still rostered on the plant (WHS Regulation ss 81, 85).
  • A truck's registration lapses on a Transport for NSW job, where every road vehicle has to stay fully registered (TS 00088 cl 5.1).
  • A change that may matter to your prequalification is not reported to the principal straight away (National Prequalification System cl 8.5).
  • A subcontractor's insurance certificate expires between two client audits.

What it costs

What we don't know. No study puts a dollar figure on being dropped from a licence, a panel or a prequalification list, which is the loss contractors fear most. Lapsed compliance ranks last on measured cost, not on how much it matters.

Why the published figures disagree

The measured cost of lapsed compliance is mostly the cost of the accident it was meant to prevent. Being dropped from a licence, a panel or a prequalification list has no published figure.

FigureWhat it countsSampleSource
$1,200 to $97,408The employer's cost per accident, from a short absence to a fatalitySafe Work Australia data and three tier-two contractors, AustraliaAllison, Hon & Xia, 2019
19%Employers' share of the total cost of work injury and illness, including premiumsAustralia, $61.8 billion in 2012-13, $5.84 billion of it in constructionSafe Work Australia, 2015
0.25% of contract sumAccident cost, insured 0.15% plus uninsured 0.1%Singapore building contractors, surveyTeo & Feng, 2011

Every published figure on lapsed compliance, with its sample and confidence grade: lapsed compliance statistics. Every figure, worked through one $5 million job: what the five diseases cost a $5 million job. The full evidence, with every caveat: why the diseases are in this order.

The law behind it, state by state: WHS Act and SWMS.

How Demiton catches lapsed compliance

Every expiry counts down at 90, 30 and 7 days, with the renewal attached.

Your systems stay where they are. Demiton reads them into registers, and these are the ones that watch for lapsed compliance:

Common questions

What is lapsed compliance in construction?

Losing the right to work because a date passed: an insurance certificate of currency, a prequalification, a contractor licence, a plant registration or a worker's ticket that expired before anyone renewed it.

What happens if a worker's high-risk work licence expires?

They cannot operate the plant or do the task until it is renewed. The WHS Regulation in NSW and Queensland requires a current licence before the work is done (s 81), kept current and shown on request (s 85). On site, that means taking the operator off the shift.

What does a workplace injury cost a construction employer?

From about $1,200 for a short absence to $97,408 for a fatality, in the costs the employer carries. Work-related injury and illness cost Australia $61.8 billion in 2012-13, $5.84 billion of it in construction, and employers bore about 19% of the total including workers' compensation premiums.

What are the penalties for WHS non-compliance?

A Category 1 WHS offence can cost a corporation up to $17.0 million under Commonwealth law (Safe Work Australia, cross-jurisdictional table of penalties, August 2025).

How do you keep prequalification current?

Hold the standing the work type requires for as long as you tender or deliver that work, and tell the principal in writing straight away about any change that may affect it (National Prequalification System cll 3, 6.2 and 8.5). Track each renewal date with the evidence it needs, and start the renewal before the date, not on it.

How does Demiton catch lapsed compliance?

Every expiry counts down at 90, 30 and 7 days, with the renewal attached. It reads the systems you already run, so nothing is replaced.