NSW workplace safety guide

What NSW Legislation Applies to Work Health and Safety?

The Work Health and Safety Act 2011 and Work Health and Safety Regulation 2025 form the core NSW framework. They allocate duties, require risks to be eliminated or minimised so far as is reasonably practicable, and are supported by approved codes of practice and SafeWork NSW guidance.

Reviewed against current NSW sources: August 2026

The short answer

In NSW, the principal work health and safety laws are the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2025. The 2025 Regulation commenced on 22 August 2025 and replaced the Work Health and Safety Regulation 2017.

The Act establishes the main duties and enforcement framework. The Regulation supplies detailed requirements for particular hazards, work activities, licences, records and control measures. Approved codes of practice explain practical ways to meet required standards. SafeWork NSW administers, advises on and enforces the legislation.

Important: This page is general information, not legal or safety advice and not a substitute for a site-specific risk assessment. Duties can overlap and cannot simply be transferred by contract. Check the current law and obtain competent advice for the actual work.

Who has duties under the WHS Act?

PCBU

Business or undertaking

A person conducting a business or undertaking has the primary duty to ensure, so far as is reasonably practicable, the health and safety of workers it engages or influences and that other people are not put at risk by the work.

Officers

Due diligence

Officers must exercise due diligence to ensure the PCBU complies. This personal duty includes keeping WHS knowledge current, understanding operational hazards, providing resources and processes, responding to information and verifying that controls work.

Workers

Reasonable care

Workers must take reasonable care for their own health and safety and that of others, and comply with reasonable instructions, policies and procedures. Workers include employees, contractors, subcontractors, labour-hire workers, trainees and volunteers.

Other duty holders

Influence over work

Designers, manufacturers, suppliers, importers, installers and people who manage or control workplaces can have duties relevant to their influence. Multiple duty holders must consult, cooperate and coordinate where their responsibilities overlap.

How WHS duties operate in practice

Identify

Understand the work, people, plant, substances, environment and physical and psychosocial hazards.

Eliminate

Remove health and safety risks so far as is reasonably practicable.

Minimise

Where elimination is not reasonably practicable, use suitable controls and the hierarchy where the Regulation requires it.

Review

Maintain, monitor and review controls when conditions change or evidence shows they may not be effective.

Psychological health is part of WHS. The 2025 Regulation strengthens requirements for psychosocial risks, including applying the hierarchy of control when elimination is not reasonably practicable.

Consultation and approved codes

Consult workersPCBUs must consult workers who are, or are likely to be, directly affected by WHS matters. Workers must receive relevant information, have a reasonable opportunity to express views and contribute, and be told the outcome.
Coordinate duty holdersWhere several PCBUs or other duty holders influence the same work, they must consult, cooperate and coordinate so gaps and conflicting controls are addressed.
Approved codesFrom 1 July 2026, current NSW guidance explains that duty holders must comply with an approved code of practice or manage the relevant hazards and risks differently while providing an equivalent or higher standard of health and safety.
Keep evidenceConsultation, decisions, inspections, training, competence, risk controls, changes, incidents and corrective actions should be recorded in a form proportionate to the work and legal requirements.

Construction-specific checks

  • Appoint a principal contractor for a construction project valued at $250,000 or more.
  • Prepare the required written WHS management plan before work begins on an applicable construction project.
  • Prepare and implement a safe work method statement for every high-risk construction work activity.
  • Coordinate site access, plant, traffic, materials, waste, essential services and overlapping contractors.
  • Confirm relevant licences, competencies, supervision, information, training and instruction.
  • Consult workers and other duty holders before and during changes that may affect health or safety.
  • Include physical and psychosocial hazards in the risk-management process.
  • Maintain an incident response and notification process that is understood before an event occurs.

Notifiable incidents require immediate action

A death, serious injury or illness, or dangerous incident connected with work may be a notifiable incident. SafeWork NSW says it must be notified immediately on 13 10 50.

Provide first aid and make the area safe. The incident site generally must not be disturbed until an inspector arrives or directs otherwise, subject to the lawful exceptions for assisting an injured person, removing a deceased person, making the site safe or supporting a police investigation. The workers compensation insurer must also be notified within 48 hours where applicable.

For urgent official guidance, use the SafeWork NSW incident notification page.

How SCE approaches WHS on projects

Sydney Contracting Engineers is a highly qualified, skilled and experienced construction team. SCE’s approach is supported by an ISO 45001-certified safety management system and integrates planning, consultation, risk controls, competence, supervision and review into project delivery.

Certification supports a system; it does not replace the WHS Act, Regulation, approved codes, a project-specific risk assessment or the separate duties held by clients, designers, principal contractors, subcontractors, workers and other parties. Roles and controls must be confirmed for each scope.

Explore SCE’s building services, civil services, certifications and credentials and project tools.

Frequently asked questions

What is the main WHS legislation in NSW?

The core laws are the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2025, supported by approved codes of practice and SafeWork NSW guidance.

Does the WHS Regulation 2017 still apply in NSW?

No. The Work Health and Safety Regulation 2025 commenced on 22 August 2025 and replaced the 2017 Regulation.

Who has duties under NSW WHS law?

Duties can apply to PCBUs, officers, workers, people who manage or control workplaces and certain designers, manufacturers, importers, suppliers and installers. Duties may overlap.

What does “so far as is reasonably practicable” mean?

It requires weighing the likelihood and degree of harm, what is known or ought reasonably to be known about the hazard and controls, the availability and suitability of controls, and cost after those matters are assessed.

When is a SWMS required for construction work?

A safe work method statement is required for high-risk construction work. A principal contractor must also be appointed for a construction project valued at $250,000 or more.

Which workplace incidents must be notified?

A work-related death, serious injury or illness, or dangerous incident may be notifiable. SafeWork NSW must be notified immediately on 13 10 50 when a notifiable incident occurs.