In Short
- Significant reforms to the Industrial Relations Act 1996 (NSW) and the Work Health and Safety Act 2011 (NSW) have come into effect, with key amendments starting on 13 October 2025.
- SafeWork Australia has published a new model Code of Practice for managing the risks associated with respirable crystalline silica in the workplace.
- A recent court case saw a NSW company fined for recklessly placing a worker in danger of serious injury and ignoring psychological risks, highlighting the importance of clear safety policies around fatigue.
Tips for Businesses
Stay informed about changes to WHS laws and ensure your policies are up to date. Regularly review safety procedures, conduct risk assessments, and train employees to mitigate potential breaches. Proactively managing compliance will help protect your business from fines and legal consequences.
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.
National Safe Work Month 2025
This October’s National Safe Work Month theme, “Safety: every job, every day,” encourages all workplaces to prioritise safety into daily practices regardless of industry or size.
Throughout the month, SafeWork Australia is promoting proactive WHS risk management through a four-week focus on identifying hazards, assessing risks, controlling risks, and reviewing controls.
Employers, sole traders, contractors, and workers are encouraged to review how they manage physical and psychosocial hazards. Whether it is a toolbox talk, a safety meeting, or a casual team catch-up, we encourage employers to make use of the SafeTea event kit to plan and support meaningful WHS discussions.
Legislative Updates
New Reforms
Significant reforms to the Industrial Relations Act 1996 (NSW) and the Work Health and Safety Act 2011 (NSW) have now commenced, with some key amendments taking effect from 13 October 2025, including:
- The Industrial Relations Commission of New South Wales (IRC) now has the power to conciliate and arbitrate bullying and sexual harassment disputes in the workplace (Industrial Relations Act).
- Expanded rights for WHS entry permit holders to take measurements, conduct tests, and capture photos or videos directly relevant to suspected contraventions (Work Health and Safety Act).
- The IRC’s broadened role in dealing with WHS disputes, including matters such as the right to cease unsafe work (Work Health and Safety Act).
New Duty for PCBUs in Licensed Demolition Work
The Work Health and Safety Amendment Regulation 2025 (NSW) (WHS Regulation 2025) introduces a critical new duty for persons conducting a business or undertaking (PCBUs) who commission licensed demolition work.
New Victorian Psychological Health and Safety Regulations
On 1 October 2025, WorkSafe Victoria announced that the new Occupational Health and Safety (Psychological Health) Regulations have been established and will take effect on 1 December 2025. They strengthen measures to address psychological health in the workplace.
These Regulations introduce a tailored risk management process and establish specific duties on employers to identify hazards, control risks, and regularly review control measures. This strengthens existing obligations under the Occupational Health and Safety Act 2004 (Vic) to provide and maintain a safe working environment.
To support employers in meeting these requirements, a complementary compliance code has been developed to provide practical guidance.
New Bill
The NSW Government has introduced the Workers Compensation Legislation Amendment (Reform and Moderation) Bill 2025, which, among other amendments, seeks to amend the Work Health and Safety Act 2011 by imposing a new duty on PCBUs that employ digital systems to assign work.
If passed, PCBUs must, so far as is reasonably practicable, ensure the allocation of tasks by digital systems does not create health or safety risks.
We will continue to monitor and report on this matter.
Crystalline Silica
SafeWork Australia has released a new model Code of Practice for managing risks of respirable crystalline silica in the workplace, aimed at better protecting workers from silica exposure.
The new WHS Regulation 2025 introduces the Silica Worker Register, effective from 1 October 2025. Persons conducting a business or undertaking (PCBUs) will be required to register all workers involved in high-risk crystalline silica processing.
Learn how to manage employment disputes and effectively protect your business from legal action. This guide delves into the most common employment disputes.
Cases and Incidents
Recent developments in WHS enforcement make it clear that employers must address not only physical hazards but also the growing risks associated with psychosocial harm. The following two cases illustrate the consequences of failing to adequately manage psychological risks in the workplace.
Psychological Harm During Redundancy: UTS Prohibition Notice
What Happened?
On 2 September 2025, the University of Technology Sydney (UTS) informed around 800 staff of upcoming meetings to discuss the potential loss of 150 academic positions, with a formal change proposal due shortly after that. However, on the same day the university sent the invitations, SafeWork NSW intervened. SafeWork temporarily halted the redundancy consultation process after identifying a serious and imminent risk of psychological harm to staff.
What Was the Outcome?
UTS responded to the regulator’s concerns by taking corrective action, including extending the consultation timeline and adjusting its communication approach. These measures addressed the identified risks, leading to the lifting of the notice and allowing the consultation to continue.
Key Takeaways
The issuance of the prohibition notice serves as a clear warning to employers about their duty to manage psychosocial risks, particularly during restructures and redundancies. It also reflects a growing regulatory focus on psychological health and safety, requiring businesses to proactively identify hazards, assess risks, implement controls, and regularly review them.
The UTS prohibition notice, likely the first issued in a white-collar environment, signals that regulators will actively intervene when employers ignore psychological risks. This emphasises that these hazards demand the same seriousness as physical safety risks.
Fatal Fatigue Incident
What Happened?
A 27-year-old driver died in a fatigue-related crash after working 17 consecutive 12-hour night shifts delivering baked goods. At the time of the incident, he was 12 hours into an overnight shift when he collided with an oncoming truck.
What Was the Outcome?
The warehousing and logistics company was fined $1.1 million for recklessly placing a worker in danger of serious injury, along with an additional $250,000 for failing to provide a safe workplace and protect others from health and safety risks. The director also personally faced a fine of $80,000 for neglecting his duty of reasonable care.
Key Takeaways
As an employer, it is essential to take proactive measures to manage fatigue and fulfill your WHS responsibilities.
Consulting with staff is a key part of this process and is integral to discharging your WHS obligations. Regular check-ins help monitor fatigue levels and prevent employees from taking on unsafe workloads.
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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