NSW Work Health and Safety Regulations Set for Major Overhaul: What Businesses Need to Know 

The Work Health and Safety (WHS) Regulation in NSW is undergoing significant changes, with potential national implications. SafeWork NSW has initiated a public consultation period, open until 12 March 2025, to gather feedback on proposed amendments to the State Work Health and Safety Regulation 2017.

The current WHS Regulation is set to be repealed on 1 September 2025, with the expectation that a revised version incorporating approved amendments will take effect around the same time. According to SafeWork NSW, modifications will be made only to provisions unique to NSW.

 

Key Proposed Changes

The proposed amendments focus on enhancing workplace safety and updating existing laws to reflect industry developments. Some of the major changes include:

• • Revised legal references: Updating provisions to align with the NSW Work Health and Safety Act 2011.
  • Structural and linguistic improvements: Modifying numbering, grammar, and terminology for clarity and consistency.
  • Updated compliance standards: Incorporating the latest Australian Standards and the Australian Dangerous Goods Code.
  • Refined licensing requirements: Adjusting definitions for licensed demolition and traffic control work, along with changes for demolition licence holders and food delivery workers using electric scooters.
  • Changes to hazardous workplace conditions: Modifying regulations for major hazard facilities.

Additionally, amendments to the model WHS Regulation include updates in four critical areas: representation and participation, plant and structures, hazardous chemicals, and asbestos. These changes align with SafeWork NSW’s broader 2024-25 regulatory priorities, which focus on reducing workplace injuries and enhancing risk management strategies.

 

Industry Impact and Compliance Measures

Trent Curtin, Head of SafeWork NSW, emphasised the importance of industry participation in the consultation process: "This consultation will help us ensure that our approach to advice, education, and managing risks in the workplace is informed by the latest industry trends and environmental factors."

These amendments align with broader changes to NSW WHS laws, including increased penalties for serious offences. Notably, maximum penalties for Category 1 offences will rise to a maximum of 10 years' imprisonment or fines exceeding $10 million. Businesses are urged to reassess their WHS protocols, ensuring that employees have the necessary training and that incident reporting procedures are well-documented.

SafeWork NSW has also outlined its 2024-25 regulatory priorities, which include addressing:

• • Falls from heights
  • Psychosocial risks at work, including sexual harassment
  • Exposure to hazardous substances such as silica, asbestos, and carcinogens
  • Workplace injuries related to machinery and vehicles
  • Worker safety in the health and social assistance sectors, particularly in disability services

 

Key Takeaways for Businesses

With these regulatory changes on the horizon, businesses must ensure compliance with evolving workplace safety standards. Employers are encouraged to:

• • Ensure proper licensing and training: Workers operating high-risk equipment must have the appropriate certifications and undergo continuous training.
  • Strengthen WHS Policies: Regularly review and update safety procedures to comply with evolving regulations.
  • Implement robust incident reporting: Establish clear reporting mechanisms for workplace accidents and near-misses to enhance safety culture.
  • Stay informed: Be updated about new risk management requirements in NSW and other states

With the WHS Regulation set for repeal and remaking in 2025, businesses must take advantage of the current consultation period to voice their concerns and prepare for the upcoming changes. For more information on the scope of this consultation and the proposed amendments, see the Work Health and Safety Regulation consultation discussion paper.