Summary
- Employers must ensure all workers complete WHS training, not just make it available, as gaps in training can result in significant fines and lengthy legal proceedings.
- Duty of care extends beyond employees to customers, contractors and the public, requiring employers to identify hazards and implement controls for all workplace activities.
- Psychosocial risks are an active enforcement priority across all industries, and employers must identify, assess and manage these risks alongside physical hazards.
- This article explains key work health and safety obligations for Australian business owners, covering enforcement trends, recent case law, and legislative developments across multiple jurisdictions.
- It is produced by LegalVision, a commercial law firm that specialises in advising clients on work health and safety compliance.
Tips for Businesses
Audit your WHS training records to confirm all workers have completed required training. Review your risk assessments to include psychosocial hazards. Establish clear site protocols for deliveries and public interactions. If operating in Victoria, begin developing a work-from-home policy ahead of proposed legislative changes.
Officers must continually ensure their organisations stay compliant and remain informed about work health and safety issues. This WHS update highlights recent changes to support officers in meeting their obligations and keeping up to date with WHS developments.
Legislative Updates
SafeWork NSW Reporting and Enforcement Trends
SafeWork NSW has published its first set of reporting outcomes since commencing as a standalone regulator on 1 July 2024, offering valuable insight into enforcement activity and areas of focus.
Psychosocial related requests were most prevalent in the following industries:
- Health Care and Social Assistance sector (20%), followed by Education and Training (12%);
- Other Services (12%);
- Construction (8%);
- Retail Trade (8%);
- Public Administration and Safety (7%);
- Transport, Postal and Warehousing (7%);
- Accommodation and Food Services (6%); and
- Manufacturing (5%), with all other industries accounting for 15%.
Psychosocial risks affect all industries, not just traditionally high-risk sectors, and require active management.
Work From Home Reforms (Victoria)
The Victorian Government plans to introduce legislation giving eligible employees the right to work from home at least two days per week. The changes are expected to take effect from 1 September, subject to parliamentary approval.
The proposed reforms would amend the Equal Opportunity Act 2010 (Vic) and apply across all workplaces, regardless of size. However, small business employers would have until 1 July 2027 to comply, giving them extra time to update policies and operations.
These reforms are still at the proposal stage, but they may raise constitutional issues. A state-based right to work from home could overlap or conflict with federal workplace laws and industrial relations rules. It is also unclear whether state legislation can impose these obligations on employers. As a result, implementing these reforms may involve legal and jurisdictional challenges.
Despite these uncertainties, the proposed changes remain highly relevant for employers. Now is the time to develop clear work-from-home policies. Employers should also consider how remote work arrangements affect their duty to manage psychosocial risks.
New Codes of Practice
Safe Work Australia has introduced a new Model Code of Practice: Managing the risks of biological hazards at work.
In addition, Safe Work Australia has released an online version of the Model Code of Practice for the Healthcare and Social Assistance industry. This digital format presents the same substantive guidance as the written Code but in a more accessible, user-friendly format, supporting employers and workers in navigating complex safety requirements in high risk environments.
National Initiatives: Mental Health and Psychological Safety
The Western Australian Government has launched the Mental Health and Suicide Prevention Program Support Fund, investing $3.39 million over four years to support workplace mental health initiatives. The program focuses on practical, workplace-based measures that address both physical and psychological harm. This reflects a broader shift toward integrated health and safety strategies.
Regulators now expect employers to actively identify, assess and manage psychosocial risks, and to implement practical controls to protect workers. Enforcement in this area continues to increase, with psychosocial hazards remaining a key priority.
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Cases and Incidents
Case Study 1: $150,000 Fine After COVID-19 Training Failure
What Happened?
A residential aged care provider was convicted and fined $150,000 after workers contracted COVID-19 at a facility in July 2020. The Melbourne County Court sentenced the provider after it pleaded guilty to failing to properly train workers to carry out their work safely.
Between March and June 2020, some employees attended five PPE training sessions delivered by external medical professionals. However, not all workers took part. As a result, the provider failed to ensure consistent training, leaving some employees without the knowledge and skills to use PPE properly or respond to COVID-19 risks.
What Was the Outcome?
The Court imposed a $150,000 fine on the provider for breaching its obligations to provide adequate training and instruction. While the penalty is significant, it sits at the lower end of the penalties available under relevant work health and safety laws.
The prosecution occurred about six years after the original incident in 2020. This highlights that WHS matters can involve long investigations and proceedings that extend well beyond the initial event. In addition to the fine, the organisation likely faced significant administrative burden, legal costs and ongoing advisory expenses. These combined costs can outweigh the penalty itself.
Key Takeaways
Training must go beyond simply being available. Employers must deliver it properly, ensure all workers complete it, and confirm they understand it.
Businesses must also carry out regular risk assessments. This means identifying risks to workers and clients, putting appropriate controls in place (such as PPE protocols), and reviewing and updating those controls as circumstances change.
Case Study 2: $115,000 Fine After Woman Crushed by Water Tank
What Happened?
Two companies, Australian Water Systems Pty Ltd (AWS) and Clark Tanks Transport Pty Ltd (CTT), were fined a total of $115,000 after a woman was seriously injured during a delivery at her home in Victoria.
The incident occurred when the customer and his wife helped the delivery driver push a 475-kilogram water tank off the back of a truck. The tank became unstable and fell onto the woman, causing serious injuries, including a fractured femur, crushed pelvis and ribs, and a punctured lung. The driver, two neighbours and the woman’s husband then lifted the tank off her.
What Was the Outcome?
The Mildura Magistrates’ Court sentenced the companies after they pleaded guilty to breaches of the Occupational Health and Safety Act 2004 (Vic).
AWS was fined $50,000 without conviction for failing to ensure a workplace under its management was safe. CTT was fined $65,000 without conviction for failing to ensure people other than employees were not exposed to risks, for not notifying WorkSafe immediately after the incident, and for disturbing the incident site.
Key Takeaways
Employers’ duties extend beyond employees. Customers, contractors, visitors and the public can all face risks during workplace activities, such as deliveries. Employers must identify these hazards early and put controls in place to eliminate or reduce risk. This includes setting clear exclusion zones, using barriers and signage, and restricting access to dangerous areas.
These obligations apply to employees, contractors and the public. Employers must preserve the incident site until an inspector attends or gives further instructions, while still helping injured people and making the area safe. LegalVision members can use the advice line for guidance on meeting these obligations and reducing legal risk.
Questions?
If you need legal assistance with a WHS matter or need help identifying an officer, book a consultation call on Prism. As a member, you can request unlimited legal advice consultations.
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