Understanding the Work Health and Safety Act 2011

How the Work Health and Safety Act affects your Australian business

First published on Thursday, June 19, 2025

Last updated on Thursday, June 19, 2025

The Work Health and Safety Act 2011 (WHS Act) in Australia is the model legislation adopted by most states and territories to ensure workplace health and safety.  The Act aims to secure the health and safety of workers and workplaces by minimising risks and ensuring the highest level of protection from hazards, as far as is reasonably practicable.

The Act covers all businesses, regardless of size, including companies, partnerships, and sole traders. However, across Australia, the state of Victoria remains the exception, operating under its own system, the Occupational Health and Safety Act 2004 (OHS Act).

Key features of the Work Health and Safety Act

Duties of care for employers (called Persons Conducting a Business or Undertaking, or PCBUs)

The Work Health and Safety Act places a duty on employers (also referred to as "persons conducting a business or undertaking" or PCBU) to ensure the health and safety of workers, including their physical and psychological well-being.

This means employers must ensure, as far as reasonably practicable, the health and safety of all workers, including themselves, contractors, and visitors, while at the workplace. This includes providing a safe environment, training, adequate facilities, and maintaining systems of work. 

Responsibilities of workers

Under the Act, workers have a legal responsibility to take reasonable care for their own health and safety, as well as that of others who may be affected by their actions or omissions at work. They must comply with any reasonable instructions, policies, and procedures given by their employer to ensure a safe working environment.

This includes using equipment properly, following safe work practices, attending required training, and reporting hazards, unsafe conditions, or injuries promptly. Workers are also encouraged to actively participate in safety consultations and raise concerns about workplace risks to help maintain a culture of safety.

Requirements for consultation, representation, and participation

Under the Act, there are clear requirements for consultation, representation, and participation to ensure effective communication and cooperation on health and safety matters.

Consultation

Persons Conducting a Business or Undertaking (PCBUs) must, so far as is reasonably practicable, consult with workers who are (or are likely to be) directly affected by a health and safety matter.

Consultation must involve:

  • Sharing relevant information about WHS matters

  • Giving workers a reasonable opportunity to express views

  • Considering those views before making decisions

  • Advising workers of the outcomes of the consultation

Representation

If workers are represented by a Health and Safety Representative (HSR), the consultation must include them. Additionally, businesses must establish procedures for resolving WHS issues and may need to form Health and Safety Committees (HSCs) where required. These processes aim to foster a collaborative approach to identifying hazards, assessing risks, and implementing effective control measures.

Participation

Participation refers to the active involvement of all workers in health and safety matters.

This includes:

  • Attending safety meetings or training

  • Reporting hazards or incidents

  • Contributing ideas for improving safety

  • Being consulted directly by the PCBU on WHS decisions.

Enforcement measures and penalties

Enforcement Measures

Under the Work Health and Safety Act 2011, enforcement measures are designed to ensure compliance with health and safety duties and to prevent harm in the workplace. Regulators have a range of tools at their disposal, including issuing improvement notices to require rectification of safety issues, and prohibition notices to stop unsafe work immediately.

They may also issue non-disturbance notices to preserve incident sites for investigation. Inspectors are empowered to enter workplaces, conduct investigations, and gather evidence.

In more serious cases, regulators can initiate prosecutions or accept enforceable undertakings, which are legally binding commitments by duty holders to improve health and safety outcomes. These measures are guided by principles of consistency, transparency, and accountability, as outlined in the National Compliance and Enforcement Policy.

Penalties (as of July 2024)

Category 1 – Reckless Conduct

  • Individual (PCBU/officer): up to $2.31 million or 5 years imprisonment

  • Individual (worker): up to $1.16 million

  • Body corporate: up to $11.56 million

Category 2 – Failure to Comply (serious risk)

  • Individual (PCBU/officer): up to $464,000

  • Individual (worker): up to $232,000

  • Body corporate: up to $2.32 million

Category 3 – Failure to Comply (no serious risk)

  • Individual (PCBU/officer): up to $155,000

  • Individual (worker): up to $78,000

  • Body corporate: up to $776,000

Industrial Manslaughter (where applicable)

  • Individual: up to 20 years imprisonment

  • Body corporate: up to $18 million

These penalties are adjusted annually based on the Consumer Price Index (CPI), and jurisdictions may have slight variations in how they apply them.

Codes of Practice

Codes of Practice under the Work Health and Safety Act 2011 are practical guides that help duty holders understand how to meet their legal obligations under the Act and its accompanying regulations.

These codes are developed to provide clear, accessible instructions on how to manage specific health and safety risks in the workplace. While they are not legally binding, they are admissible in court and can be used as evidence of what is considered "reasonably practicable" in managing a particular hazard or risk.

Codes of Practice cover a wide range of topics, such as working in confined spaces, managing hazardous chemicals, preventing falls, and dealing with psychosocial hazards.

WHS Regulations

While the Act tells employers what to do, the WHS regulations tells them how to do it. These regulations set out the practical steps that businesses and workers must follow to manage risks and ensure safety in the workplace. They offer a more technical and procedural framework for compliance.

The WHS Regulations cover:

To make this process easier, BrightSafe offers comprehensive support. Our solutions include 24/7 access to health & safety consultants, digital risk assessment tools, and a library of expert online training courses. These tools help you stay compliant with regulations and ensure the wellbeing of your workforce.

Work Health and Safety at a state level

At a jurisdictional level, each state and territory in Australia has their own regulator who works with their community to reduce work-related accidents, illnesses and injuries.

Get 24/7 support with managing health and safety with BrightHR

As an employer in Australia, remaining complaint with the Work Health and Safety Act 2011 is imperative. This includes conducting regular risk assessments, providing ergonomic guidelines, offering mental health support, and ensuring access to the right equipment.

But you’re in luck! Our solutions include 24/7 access to health & safety consultants, digital risk assessment tools, and a library of expert online training courses.

Book a demo with one of our friendly experts or call us on 1 300 029 198 to discover how BrightHR and our BrightSafe health & safety software could help your business.


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