WHS
What does the WHS Act require of a construction contractor?
The WHS Act is the state law that sets the safety duties on a construction site, and the WHS Regulation under it sets the detail. Victoria runs its own OHS Act instead. On a job it comes down to three things: notify a notifiable incident, prepare a SWMS before high risk construction work, and keep the records.
The three duties that come up on every job
- Notifiable incidents. Notify the regulator immediately after becoming aware of a notifiable incident (s 38(1)-(3) in New South Wales; every state's section is in the chapter table). If the regulator asks, written notice follows within 48 hours. The record is kept 5 years.
- Safe work method statements. Ensure a safe work method statement is prepared for high risk construction work before the work starts (s 299(1)). On a construction project, give the principal contractor a copy of the safe work method statement before high risk construction work on a construction project starts (s 301). Then keep a copy of the safe work method statement until the high risk construction work it covers is complete (s 303(1), (3), (4)).
- High risk work licences. The worker holds the licence. The contractor's duty is the one in s 85: Section 85 says a person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a licence is required unless they see written evidence from the worker that the worker holds the relevant licence.
Every state's Act and Regulation
Each link opens the duties the library holds for that instrument, section by section. Where the library holds no Regulation for a state, the table says so.
| State | Act | Regulation | High risk work licence |
|---|---|---|---|
| Queensland | WHS Act Qld | WHS Regulation Qld | High risk work licence Qld |
| New South Wales | WHS Act NSW | WHS Regulation NSW | High risk work licence NSW |
| Victoria | OHS Act Vic | OHS Regulations Vic | not held in the library |
| Western Australia | WHS Act WA | not held in the library | not held in the library |
| South Australia | WHS Act SA | WHS Regulation SA | not held in the library |
| Tasmania | WHS Act Tas | not held in the library | not held in the library |
| Australian Capital Territory | WHS Act ACT | WHS Regulation ACT | not held in the library |
| Northern Territory | WHS Act NT | not held in the library | not held in the library |
| New Zealand | |||
| New Zealand | Health and Safety at Work Act 2015 | not held in the library | not held in the library |
In this guide
- Notifiable incidentsWhen to notify a notifiable incident in every state, Victoria and New Zealand: notify immediately, written notice within 48 hours, keep the record 5 years.
- SWMSWhen a safe work method statement is required for high risk construction work, who gets a copy and how long it is kept, state by state, with the regulation.
- High risk work licencesWho must hold a high risk work licence, what the contractor must see before work starts, and what counts as high risk construction work, by state.
- RecordsEvery WHS record keeping duty the library holds: notifiable incident records, SWMS and underground services records, each with its window and section.
- By stateEvery WHS duty the library holds for each Australian state and New Zealand, side by side: the Act, the Regulation, the section, the window and the cost.
Where the states differ
The harmonised Acts share their section numbers, but not every word. These are the differences the library records, quoted from its notes on each row.
- VictoriaVictoria is not harmonised: no notice is needed where the notifier is the only person harmed (s 38(2)), and the 48-hour written record is required every time, not only on request.
- Western AustraliaWA widens serious injury (s 36(1)(d), (e)): an injury in a remote location needing urgent transfer, or one a doctor expects to keep the worker from normal work for 10 days or more.
- Australian Capital TerritoryThe ACT widens the model: a sexual assault incident, a serious fall and mobile plant incidents are notifiable, evidence must be preserved with the site, and the s 38 and s 39 duty holders must each tell the other immediately (s 39A).
- New South WalesBinds the principal contractor for a construction project (provision 292 - construction work costing $250,000 or more).
- South AustraliaBinds the principal contractor for a construction project, which r 292 defines as construction work costing $450,000 or more (the model sets $250,000).
- QueenslandQueensland adds r 299(4): where the work risks a fall of more than 2m and the only controls are administrative controls or personal protective equipment, the statement must describe every control measure considered.
Where each duty is held
Every duty here sits in the library against the register that holds its fact: the safety incident register for a notifiable incident, the compliance documents register for a SWMS, the ticket register for a licence. A duty the library does not hold, you can add to any job.
What this page is, and is not
It is the section text this library holds for each state's WHS law, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act, the Regulation and the contract you signed.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.