Skip to content

WHS and OHS Regulatory Update: August 2025

In Short

  • New NSW workplace safety reforms introduce mandatory Codes of Practice, greater enforcement powers, and new reporting requirements for improvement notices.

  • As of 1 August 2025, Queensland inspectors will conduct audits on buildings constructed before 1990 to ensure proper asbestos risk management.

  • A serious workplace fall resulted in fines totalling $795,000, highlighting the need for effective training, incident reporting, and adherence to safety codes.

Tips for Businesses
Review and update your safety systems to align with the new NSW Codes of Practice and reporting duties. If operating in older Queensland buildings, complete asbestos risk assessments and control measures. Reinforce training on equipment use and incident reporting to prevent serious injuries and avoid large fines.


Table of Contents

Officers have an ongoing duty to ensure their organisations remain compliant and stay informed about work health and safety matters. This update covers recent developments to help officers meet their obligations and stay current with WHS changes. 

Legislative Update

The NSW Government has recently passed reforms that will see significant changes to the Industrial Relations Act 1996 (NSW) and the Work Health and Safety Act 2011 (NSW)

The key changes seek to establish new processes for addressing bullying and harassment in the workplace while strengthening existing WHS provisions and enforcement practices. 

Some of the key amendments include: 

  1. implementing mandatory Codes of Practice employers will be required to adhere to;
  2. new enforcement powers for SafeWork NSW to enforce compliance and improve information sharing across different jurisdictions; and
  3. reporting obligations for employers to report improvement notices issued by health and safety representatives to SafeWork NSW. 

We will continue to monitor and report on this matter (including when the changes will come into effect). 

Front page of publication
Guide to Employment Disputes

Learn how to manage employment disputes and effectively protect your business from legal action. This guide delves into the most common employment disputes.

Download Now

Asbestos Management Compliance Audits in Queensland

From 1 August 2025, Workplace Health and Safety Queensland inspectors have commenced auditing businesses operating from buildings constructed before 1990 and those likely to contain asbestos. 

If your business operates from a building built before 1990, you must ensure you have taken the appropriate steps to manage any asbestos risks.

Continue reading this article below the form
Loading form

Focus on Physical Risks to Safety 

A series of serious workplace incidents involving machinery and equipment highlights critical gaps in safety protocols across many organisations. These cases demonstrate that regardless of the type of business, employers can benefit from implementing robust safety mechanisms and reviewing inadequate work processes.

The incidents revealed recurring issues such as: 

  1. insufficient worker training for equipment operation and maintenance tasks;
  2. poor incident reporting practices, with some businesses failing to report serious injuries; and 
  3. repeat offences indicating systemic safety culture problems.

The consequences of non-compliance have led to employers facing substantial fines of up to $90,000. 

The overarching message is clear: all organisations can learn from implementing safer mechanisms for workers operating any kind of equipment. Where processes have not been established to carry out work safely, they should be reviewed and implemented.

These cases serve as important reminders that proactive safety measures, proper training, and robust reporting systems are essential across all workplaces to prevent serious injuries.

Cases and Incidents

A worker suffered serious injuries after falling 2.2 metres. The incident resulted in both the business and the company director receiving significant fines.

1. What Happened?

The worker suffered multiple injuries and has ongoing health issues as a result of the fall. The employer had implemented a safety management plan that had assessed the risk of falls from such a height as a moderate risk. While the employer had identified the risk within their safety management plan, they did not put appropriate steps in place to effectively mitigate the risk. 

2. What Was the Outcome?

The employer faced a fine of $750,000. Additionally, the company director was personally fined $45,000. 

3. Key Takeaways

While safety management plans can be effective ways to identify and record risks to safety within the workplace, consideration should be given to effective management of the organisation’s risk exposure.

In this case, the employer had not taken into account the Code of Practice for the Prevention of Falls in Workplaces. WorkSafe Commissioner Sally North noted that the Code of Practice would have provided practical guidance to effectively manage fall risks and should be followed in all workplaces where risks of falls exist.

Employers should ensure that they are reviewing and implementing guidance from relevant Codes of Practice within the workplace to ensure effective risk management.

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.

Register for our free webinars

Ask an Employment Lawyer: Contracts, Performance and Navigating Dismissals

Online
Ask an employment lawyer your contract, performance and dismissal questions in our free webinar. Register today.
Register Now

Stop Chasing Unpaid Invoices: Payment Terms That Actually Work

Online
Stop chasing late payments with stronger terms and protections. Register for our free webinar.
Register Now

Managing Psychosocial Risks: Employer and Legal Counsel Responsibilities

Online
Protect your business by managing workplace psychosocial risks. Register for our free webinar.
Register Now

Franchisor Compliance Update: Code Obligations from November 2025

Online
Stay compliant with the new franchising updates from November 2025. Register for our free webinar.
Register Now
See more webinars >
James True

James True

Practice Group Leader | View profile

James is a Practice Group Leader in LegalVision’s Employment team. He advises across all areas of employment, including employment and independent contractor agreements, termination of employment (including redundancy and unlawful termination), employment disputes, investigations, modern awards, work health safety obligations and notifiable incidents. Prior to joining LegalVision, James spent almost 10 years working in private practice across employment and work health safety.

Qualifications: Bachelor of Laws, Graduate Diploma of Legal Practice, Macquarie University.

Read all articles by James

About LegalVision

LegalVision is an innovative commercial law firm that provides businesses with affordable, unlimited and ongoing legal assistance through our membership. We operate in Australia, the United Kingdom and New Zealand.

Learn more

We’re an award-winning law firm

  • Award

    2025 Future of Legal Services Innovation Finalist - Legal Innovation Awards

  • Award

    2025 Employer of Choice - Australasian Lawyer

  • Award

    2024 Law Company of the Year Finalist - The Lawyer Awards

  • Award

    2024 Law Firm of the Year Finalist - Modern Law Private Client Awards

  • Award

    2022 Law Firm of the Year - Australasian Law Awards