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WHS and OHS Regulatory Update: May 2025

In Short

  • New WA regulations ban smoking and e-cigarettes in enclosed workplaces and require protection from second-hand smoke.

  • WorkSafe WA released updated codes of practice on electrical risks and tower cranes.

  • A NSW roofing company was fined $300,000 for neglecting safety measures, highlighting the serious consequences of ignoring WHS duties.

Tips for Businesses
Ensure you stay up to date with workplace health and safety laws, including new smoking bans and codes of practice. Always prioritise safety measures over cost savings, especially for high-risk tasks like working at heights. Implement thorough risk assessments and safety plans to avoid penalties and protect your workers.


Table of Contents

Workplace health and safety officers have an ongoing responsibility to ensure their organisations remain compliant while maintaining current and relevant knowledge of WHS matters. This article highlights key developments to support you in meeting these obligations.

Amendments to Legislation

The Western Australian Work Health and Safety (General) Regulations 2022 and Work Health and Safety (Mines) Regulations 2022 were amended on 17 April 2025. This amendment focuses on expanding the prohibition of smoking within an enclosed workspace to include the use of e-cigarettes. 

E-cigarette Definition: A device that is designed to generate or release smoke, vapour or other aerosol (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product.

In addition, the regulations require businesses to ensure that persons within a workplace are not exposed to second-hand smoke. Penalties apply to both individuals and companies where they are in breach of these requirements. 

New Codes of Practice

WorkSafe Western Australia has released new codes of practice in relation to managing electrical risks in the workplace and tower cranes. If these codes are relevant to your business or if you have any questions, please do not hesitate to book a call with us through Prism.

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Preventing Workplace Stress and Burnout

As a business owner or manager, you have a duty under WHS laws to prevent harm caused by psychosocial risks in the workplace, including stress. This factsheet outlines some common psychosocial hazards and provides a checklist for risk mitigations strategies.

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Cases and Incidents

In a recent decision of the District Court of New South Wales, a roofing company was fined after pleading guilty to offences under the Work Health and Safety Act 2011 (NSW) (‘Act’). 

1. What Happened?

The company was engaged to undertake roof replacement works at a residential premises. On November 8, 2021, a roofing plumber accessed the roof and slipped before reaching an anchor point. He fell approximately 4.2 metres to the ground, sustaining serious injuries. 

Prior to the incident, the company had engaged site safety specialists, who outlined that in order to comply with SafeWork requirements, the company would have to install scaffolding. This would require an additional cost for the company’s customer. When the company raised this cost to the owner of the house, the customer advised that they did not wish to pay for additional costs for the works. 

Despite being advised of the requirements to perform the job safely, the company proceeded with the roof replacement without implementing the recommended safety measures due to costs. In doing so, the company failed to:

  • install adequate fall prevention devices around the perimeter of the roof;
  • properly assess anchor point requirements; and
  • develop and implement a site-specific Safe Work Method Statement.

2. What Was the Outcome?

The District Court of New South Wales convicted the company for failing to comply with its work health and safety duty, which exposed workers to a risk of death or serious injury. The court:

  • imposed a fine of $300,000 (reduced from $400,000 due to an early guilty plea); 
  • ordered the company to pay the prosecutor’s costs; and 
  • directed that 50% of the fine be paid to the prosecutor (SafeWork NSW). 

The court considered various factors in its decision, including:

  • the objective seriousness of the offense; 
  • the need for general and specific deterrence; 
  • mitigating and aggravating factors; and 
  • the company’s capacity to pay.

3. Key Takeaways

The case highlights important points relating to business’ obligations and potential penalties, including: 

  • businesses must implement appropriate safety measures, particularly for known risks like falls from heights, regardless of client preferences or cost implications; 
  • the severity of potential harm (in this case, death or serious injury) significantly impacts the assessment of an offence’s seriousness, even if the likelihood of occurrence is low; and 
  • A business’ financial capacity is considered in determining fines, but does not preclude substantial penalties for serious breaches.

Ultimately, when undergoing risk assessments or risk mitigation processes, employers should err on the side of caution when looking to cut costs to placate a customer or client when it comes to workplace health and safety.

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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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

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