WHS & OHS in Australia (2026 Guide): Duties, Risk Management, SWMS, Incident Reporting
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2026 • WORK HEALTH & SAFETY • AUSTRALIA

WHS & OHS in Australia: The practical guide for employers, contractors & managers

Australian workplace health and safety discussion at a worksite
Work Health and Safety (WHS) applies to every workplace in Australia, from offices to high risk sites.

Plain-English information to help you understand WHS and OHS duties, manage risk, plan higher-risk work (including SWMS), and improve safety systems across Australian workplaces.

Updated: 17 January 2026 • Educational content only (not legal advice)

What is WHS (and why OHS still matters)?

Work Health and Safety (WHS) is the term used across most of Australia to describe the legal framework and practical systems designed to prevent work-related injuries, illness, and incidents.

You will also hear Occupational Health and Safety (OHS), especially in Victoria, where the primary legislation is commonly referred to as OHS. The day-to-day aim is the same: reduce risk, improve systems, and protect people at work.

Key idea: Good WHS is not paperwork-first. It is risk control first, and documenting the system helps show the controls are real, communicated and reviewed.

Who has WHS duties in Australia?

Most workplaces can think about duties in four practical buckets:

  • Business/operators (often described as a PCBU in model WHS jurisdictions): design safe work, provide training, maintain plant, and manage risks.
  • Officers/senior leaders: set direction, fund controls, verify systems are working, and actively oversee safety performance.
  • Workers: take reasonable care, follow instructions, use PPE correctly, and report hazards and incidents.
  • Others at the workplace: visitors and customers may have responsibilities depending on the situation.

Practical test: If something went wrong, could you show (1) you identified the hazard, (2) selected controls, (3) implemented them, and (4) reviewed effectiveness?

Risk management cycle (the simplest way to stay compliant)

Risk assessment and hazard identification in an Australian workplace
Risk management is easiest when it is repeatable: identify hazards, control risks, then review.

A reliable WHS system follows a repeatable loop:

  1. Identify hazards (tasks, plant, vehicles, chemicals, environment, fatigue, psychosocial hazards, contractors).
  2. Assess risk (likelihood × consequence, and who may be harmed).
  3. Select controls (use the hierarchy of controls).
  4. Implement (training, supervision, maintenance, and clear methods of work).
  5. Review (after incidents and near misses, changes to work, or on schedule).

In practice, many businesses improve quickly by focusing on the top 10 recurring hazards and ensuring controls are consistent across sites, teams, and subcontractors.

Hierarchy of controls (what good controls usually look like)

When reducing risk, stronger controls usually sit higher in the hierarchy:

  • Eliminate the hazard (remove the task, stop the exposure).
  • Substitute (use a safer material, tool, or method).
  • Engineering (guards, isolation, ventilation, physical separation).
  • Administrative (procedures, training, permits, signage, supervision).
  • PPE (eye/ear/respiratory protection, gloves, hi-vis, etc.).
Tip: If your main control is be careful plus PPE, look for stronger upstream controls.

When do you need a SWMS?

A Safe Work Method Statement (SWMS) is commonly used to plan and control higher-risk tasks, especially in construction and contractor environments. A modern SWMS should be task-specific and reflect real site conditions.

Construction workers reviewing safe work method statements on site
SWMS work best when they reflect the job steps, the site, and the real hazards on the day.

What a good SWMS includes

  • Clear task steps (sequence matters)
  • Hazards for each step
  • Control measures (with responsibility assigned)
  • Required training and competency
  • Tools and plant requirements and checks
  • Emergency considerations
  • Worker acknowledgement and review points
Common mistake: Generic SWMS that do not match the job. Site conditions change (access, weather, plant, sequencing, subcontractors), so SWMS should be reviewed.

Consultation (often the fastest real world improvement)

Team consultation and toolbox talk for workplace safety
Consultation improves buy-in and makes controls more practical, because workers know the job best.

Consultation is more than a toolbox talk. In practical terms, it is involving workers in safety decisions, particularly when you introduce new plant, change work methods, bring on subcontractors, or respond to incidents.

Simple ways to improve consultation

  • Short pre-start risk reviews for changing work fronts
  • Worker input on method changes and SOP updates
  • Close out action items and show the team the fix
  • Regular review of recurring hazards and near misses

Incidents, near misses and internal reporting

Workplace safety incident review and reporting process
Near misses are early warnings. Record, investigate, improve controls, then verify they work.

A strong WHS system treats near misses as early warnings. When something happens, focus on:

  1. Make it safe (first aid, isolate hazards, stop work if needed).
  2. Capture facts (what, where, who, when, photos, witnesses).
  3. Find root causes (systems, planning, supervision, maintenance).
  4. Improve controls (and communicate the changes).
  5. Verify (check the change works in real conditions).
Helpful mindset: What allowed this to happen beats who caused this.

State and territory differences (quick orientation)

Australian city skyline representing national workplace safety laws
Rules and regulator guidance can differ by state and territory. Verify requirements where work is performed.

Most Australian jurisdictions use WHS laws based on the national model framework, while Victoria is commonly described under an OHS framework. Western Australia also has its own WHS Act framework and regulator guidance.

Action: If you operate across borders, create a simple differences register (incident notification rules, licensing expectations, regulator resources) and review it quarterly.

History: when WHS laws started and how Australia harmonised safety rules

Australia did not start with a single national WHS Act. For many years, each state and territory had its own occupational health and safety laws, regulators, and terminology. This created inconsistency for businesses operating across borders and made it harder to build one safety system that worked everywhere.

The national agreement that kicked off harmonisation

In 2008, Australian governments agreed to work together to harmonise occupational health and safety laws. The goal was to reduce duplication, improve clarity of duties, and create a more consistent approach to managing workplace risk across Australia.

The model WHS laws and why they mattered

The harmonisation process produced model WHS laws (a model Act, Regulations, and Codes of Practice). Instead of creating a single federal law for every workplace, the model laws were designed to be adopted by each jurisdiction so duties and concepts would be consistent, while enforcement remained with local regulators.

Key milestones (high level timeline)

  • 2011: Model WHS laws were finalised for adoption by jurisdictions.
  • 2012: Many jurisdictions commenced the model WHS framework.
  • 2013: Additional jurisdictions commenced, including South Australia and Tasmania.
  • 2022: Western Australia’s WHS Act framework commenced operationally.
  • Victoria: continues under its own OHS legislation rather than the model WHS laws.
Practical takeaway: Harmonisation made WHS concepts and duties more consistent, but you still need to check the rules and guidance where work is performed. Use the government regulator links below to confirm incident notification rules, construction requirements, and any local guidance.

Official WHS resources for every Australian state and territory (government links)

For the most accurate, enforceable guidance, use the official government regulator for the state or territory where the work is performed. These sites provide regulator advice, codes of practice, alerts, and practical tools.

National (applies across Australia)

State and territory regulators

Commonwealth (federal jurisdiction)

Multi-state tip: Keep a differences register for incident notification rules, construction and SWMS expectations, licensing, and state-specific codes or guidance. Review it quarterly.

Free WHS templates (official government resources)

Use these free templates to build a practical WHS system quickly. Always tailor templates to your workplace and the site conditions.

Australia-wide templates (Safe Work Australia)

State and territory templates (by regulator)

Best practice: Templates are a starting point. Update them when tasks change, after incidents or near misses, when new hazards are identified, and when you bring on new contractors or equipment.

Practical WHS checklist (print this)

  • Top hazards identified for your business (tasks and environments)
  • Controls implemented and assigned to owners
  • Training and supervision plan for higher-risk work
  • Pre-start checks and maintenance records for plant and tools
  • Contractor onboarding and site-specific risk reviews
  • Incident and near miss reporting process understood by workers
  • Regular inspections, audits, and corrective actions tracked
  • Review controls after changes, incidents, or new hazards

FAQ

Is WHS compliance only for construction?

No. WHS applies to all workplaces, including offices, retail, healthcare, logistics, trades, manufacturing, and more.

Do I need documents to be compliant?

Safety outcomes come first. But records (training, maintenance, inspections, risk reviews) help demonstrate the system is planned, communicated, and reviewed.

Where should a small business start?

Start with your highest-risk tasks. Identify hazards, apply stronger controls (where possible), consult workers, and review after changes. Keep it simple and repeatable.

How often should controls be reviewed?

Review after incidents or near misses, when work changes, and on a regular schedule. If you are unsure, quarterly reviews for higher-risk work is a common baseline.

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