WHS and OHS Regulatory Update: August 2025 Officers have an ongoing duty to ensure their organisations remain compliant and stay informed about work health and safety matters. This update covers recent developments to help officers meet their obligations and stay current with WHS changes. . In Short
Tips for Businesses Legislative UpdateThe NSW Government has recently passed reforms that will see significant changes to the Industrial Relations Act 1996 (NSW) and the Work Health and Safety Act 2011 (NSW). The key changes seek to establish new processes for addressing bullying and harassment in the workplace while strengthening existing WHS provisions and enforcement practices. Some of the key amendments include:
We will continue to monitor and report on this matter (including when the changes will come into effect). Asbestos Management Compliance Audits in QueenslandFrom 1 August 2025, Workplace Health and Safety Queensland inspectors have commenced auditing businesses operating from buildings constructed before 1990 and those likely to contain asbestos. Focus on Physical Risks to SafetyA series of serious workplace incidents involving machinery and equipment highlights critical gaps in safety protocols across many organisations. These cases demonstrate that regardless of the type of business, employers can benefit from implementing robust safety mechanisms and reviewing inadequate work processes. The incidents revealed recurring issues such as:
The consequences of non-compliance have led to employers facing substantial fines of up to $90,000. The overarching message is clear: all organisations can learn from implementing safer mechanisms for workers operating any kind of equipment. Where processes have not been established to carry out work safely, they should be reviewed and implemented. These cases serve as important reminders that proactive safety measures, proper training, and robust reporting systems are essential across all workplaces to prevent serious injuries. Cases and IncidentsA worker suffered serious injuries after falling 2.2 metres. The incident resulted in both the business and the company director receiving significant fines. 1. What Happened?The worker suffered multiple injuries and has ongoing health issues as a result of the fall. The employer had implemented a safety management plan that had assessed the risk of falls from such a height as a moderate risk. While the employer had identified the risk within their safety management plan, they did not put appropriate steps in place to effectively mitigate the risk. 2. What Was the Outcome?The employer faced a fine of $750,000. Additionally, the company director was personally fined $45,000. 3. Key TakeawaysWhile safety management plans can be effective ways to identify and record risks to safety within the workplace, consideration should be given to effective management of the organisation’s risk exposure. In this case, the employer had not taken into account the Code of Practice for the Prevention of Falls in Workplaces. WorkSafe Commissioner Sally North noted that the Code of Practice would have provided practical guidance to effectively manage fall risks and should be followed in all workplaces where risks of falls exist. Employers should ensure that they are reviewing and implementing guidance from relevant Codes of Practice within the workplace to ensure effective risk management.
James True
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