New South Wales Workplace Health and Safety Laws (2026)
About this article
Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under the Work Health and Safety (WHS) Act 2011, your employer — known in the statute as a PCBU (Person Conducting a Business or Undertaking) — owes a primary duty of care to ensure health, safety, and welfare at work so far as is reasonably practicable. The reasonably-practicable qualifier is what most disputes turn on.
The PCBU has to:
- Provide a safe environment, safe equipment, and adequate training.
- Identify and manage risks to health and safety.
- Provide adequate facilities — toilets, drinking water, first aid.
- Consult with workers on safety matters that affect them.
Workers can elect Health and Safety Representatives (HSRs). HSRs can issue Provisional Improvement Notices (PINs) and direct a cease-work where there is a serious and immediate risk — a real power, not a symbolic one.
You also have the personal right to cease or refuse unsafe work on a reasonable concern of serious risk. Refusal under the WHS Act is protected; retaliation against it is unlawful.
Respect@Work positive duty (Sex Discrimination Act, AHRC enforcement from 12 December 2023): on top of WHS duties, employers now have a positive duty to prevent workplace sexual harassment, sex-based harassment, hostile workplace environments, and victimisation. This is not a duty to respond after the fact — it is a duty to take reasonable steps in advance. The Australian Human Rights Commission can issue compliance notices, enter into enforceable undertakings, and apply to the Federal Court for enforcement. The shift from a complaint-only model to a positive duty puts the obligation on the employer to set up training, reporting channels, and culture — long before any incident.
When does it apply?
- You are a worker — this includes employees, contractors, subcontractors, apprentices, volunteers, and work experience students.
- The WHS Act applies to Commonwealth workplaces directly and has been adopted as model law by every state and territory except Victoria (which has its own OHS Act) and Western Australia (which adopted it in 2022).
What to Do If Your Australian Workplace Is Unsafe or Ignoring Safety Hazards
- Report any hazard to your supervisor or Health and Safety Representative immediately.
- If there is a serious risk, you may cease work — tell your employer straight away and stay at the workplace.
- Report serious incidents (death, serious injury, dangerous incidents) to Safe Work Australia or your state/territory regulator immediately.
- If your employer retaliates, lodge a general protections claim with the Fair Work Commission.
What should you NOT do?
- Don't ignore safety concerns — even small hazards can lead to serious injuries.
- Don't assume raising safety issues will get you fired. The law protects you from retaliation under the adverse action provisions of the Fair Work Act (s 340-352).
- Don't tamper with or remove safety equipment — workers have a duty to comply with reasonable safety instructions.
How New South Wales differs from federal law
NSW has adopted the national model Work Health and Safety Act 2011 (NSW), which imposes duties on persons conducting a business or undertaking (PCBUs) to ensure the health and safety of workers. SafeWork NSW is the state regulator.
- SafeWork NSW (part of the Department of Customer Service) is responsible for inspections, enforcement, and prosecution of WHS offences. Inspectors can issue improvement notices, prohibition notices, and on-the-spot fines.
- Workers in NSW have the right to cease unsafe work under section 84 of the WHS Act if they have a reasonable concern that continuing work would expose them to a serious risk.
- NSW workers' compensation is administered by icare (Insurance and Care NSW) under the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW). Injured workers are entitled to weekly payments, medical expenses, and lump-sum compensation for permanent impairment.
- Disputes about workers' compensation in NSW are resolved by the Workers Compensation Commission (now part of the Personal Injury Commission of NSW, established 2021).
- NSW has specific regulations for high-risk industries including construction (SafeWork NSW Construction Induction Training, or White Card), mining (regulated by the NSW Resources Regulator), and asbestos management.
Additional Steps in New South Wales
Report unsafe workplaces to SafeWork NSW (13 10 50 or safework.nsw.gov.au). Lodge workers' compensation claims through your employer's insurer — most NSW employers are insured through the icare Workers Insurance scheme. Disputes go to the Personal Injury Commission of NSW (pi.nsw.gov.au).
Relevant Law: Work Health and Safety Act 2011 (NSW); Workers Compensation Act 1987 (NSW); Workplace Injury Management and Workers Compensation Act 1998 (NSW); Personal Injury Commission Act 2020 (NSW)
Common Questions
What is the workplace health and safety right in Australia?
Under the Work Health and Safety (WHS) Act 2011, your employer — known in the statute as a PCBU (Person Conducting a Business or Undertaking) — owes a primary duty of care to ensure health, safety, and welfare at work so far as is reasonably practicable. The reasonably-practicable qualifier is what most disputes turn on.The PCBU has to:Provide a safe environment, safe equipment, and adequate training.Identify and manage risks to health and safety.Provide adequate facilities — toilets, drinking water, first aid.Consult with workers on safety matters that affect them.Workers can elect Health and...
When does workplace health and safety apply?
You are a worker — this includes employees, contractors, subcontractors, apprentices, volunteers, and work experience students.The WHS Act applies to Commonwealth workplaces directly and has been adopted as model law by every state and territory except Victoria (which has its own OHS Act) and Western Australia (which adopted it in 2022).
What should I do if my workplace in Australia has unsafe conditions my employer won't fix?
Report any hazard to your supervisor or Health and Safety Representative immediately.If there is a serious risk, you may cease work — tell your employer straight away and stay at the workplace.Report serious incidents (death, serious injury, dangerous incidents) to Safe Work Australia or your state/territory regulator immediately.If your employer retaliates, lodge a general protections claim with the Fair Work Commission.
What mistakes should I avoid with workplace health and safety?
Don't ignore safety concerns — even small hazards can lead to serious injuries.Don't assume raising safety issues will get you fired. The law protects you from retaliation under the adverse action provisions of the Fair Work Act (s 340-352).Don't tamper with or remove safety equipment — workers have a duty to comply with reasonable safety instructions.
Workplace Health and Safety in other states
Same topic, different jurisdiction. Pick the one that applies to you.