Health and safety at work: how to manage risks and meet your legal duties under the Work Health and Safety Act and regulations

Every business in Australia has a duty to keep people safe at work. Strong health and safety systems protect workers, reduce risk and help meet legal rules. Whether you run a small team or a large company, you must follow clear steps to stay compliant.[ez-toc]

A quick guide to health and safety

Health and safety means protecting people at work by managing risks, preventing harm and creating safer systems. It includes physical safety, mental health and hazard control. Every business must follow WHS laws, train staff, update policies and report incidents. A strong safety culture keeps teams safe and helps meet legal duties across all industries.

What health and safety means for your business

Health and safety is about protecting people at work. It means creating a safe space where workers can do their jobs without facing avoidable risks. Every business in Australia must understand this to meet legal and moral obligations.

Understand the key concepts

Health and safety covers more than just preventing injury. It also includes mental wellbeing and managing workplace risks. These three ideas form the base of a safe workplace.

• Physical safety is about keeping people safe from injury. This means fixing hazards like slippery floors or unsafe tools.
• Mental health support helps workers handle stress and avoid burnout. A healthy mind is just as important as a healthy body.
• Risk management means finding dangers before they cause harm. It also means planning what to do if a problem does happen.

Why safety culture matters

A strong safety culture protects both workers and the business. It helps your team feel valued and confident. It also lowers the chance of legal or financial issues.Benefits of a good safety culture:

• Fewer injuries.
• Lower compensation claims.
• Better staff morale.
• Stronger business reputation.

When safety becomes part of daily work, everyone wins.Each element of health and safety is important on its own, but together, they create a complete safety system. Businesses must apply all three to keep their workplace safe and compliant.

Understanding your legal obligations under Australian law

Every business in Australia has a legal duty to protect people at work. The law sets out clear rules to help manage risk and keep workplaces safe. If you fail to meet your duty, your company can face a fine, legal action or serious harm to workers.

The shift from OHS to WHS

Australia used to refer to these laws as occupational health and safety (OHS). Since 2011, most regions have adopted work health and safety (WHS) laws. These are part of a national push to create clear, consistent rules.The model WHS Laws were created to guide this change. They include the Work Health and Safety Act, WHS Regulations and codes of practice. These set out how to identify hazards, manage risks and protect workers.Each state or territory can adopt the model in full or with changes. The Commonwealth also applies these laws to federal work. This means your legal duties depend on your jurisdiction.

Who is responsible?

Three main roles carry legal duties under the Work Health and Safety Act:

• PCBU (Person Conducting a Business or Undertaking): Must ensure the health and safety of workers and others. This is often the company or employer.
• Officers: These include directors or managers. They must use due diligence to make sure the business follows the law.
• Workers: Every worker must take care of their own health and safety and not risk others.

You must follow your local regulations and meet all safety requirements. This applies to every industry, not just high-risk ones. It’s important to include health and safety in your core business practices.

Making work environments safer through simple practices

Creating a safe work environment doesn’t need to be complex. Small and growing businesses can put basic steps in place to protect people, meet WHS duties and reduce risk. These simple actions help meet your legal obligations and build a strong safety culture.

Start with daily safety habits

Good safety starts with everyday habits. It’s easier to prevent problems than fix them later. Even small changes can make a big difference.Here are some steps that can help:

• Keep walkways clearBoxes, cords or tools in walkways can cause trips or falls. Make sure paths are free from clutter.
• Provide safety gearGive workers the right gear for the job. This includes gloves, goggles or hearing protection. Replace damaged gear straight away.
• Review procedures oftenCheck safety procedures every three months. Make updates if the workplace or tools change.
• Hold regular team check-insMeet often to talk about hazards, near misses or updates. Keep these sessions short but focused.
• Put up signs and labelsClear labels help remind people of risks. This is important for chemicals or electrical areas.
• Log all incidentsRecord every injury or near miss. These logs help spot patterns and show you’ve met your duty of care.

These practices apply across all industries. Whether you run a cafe, clinic or creative studio, safety matters.

Team safety in action: Michael the Physio

Michael owns a busy physio clinic in Queensland. He employs five staff and sees many clients daily. To build a strong safety culture, he:

• Created a clear safety policy.
• Used Business Kitz to set up WHS documents.
• Held weekly chats to review safe work steps.
• Trained staff on how to spot a hazard.
• Encouraged everyone to raise concerns early.

Michael’s team now feels more confident and protected. They know what to do if something goes wrong and how to manage small risks before they grow.

Industry-specific work health and safety regulations

Work health and safety rules apply to all industries, but how you meet them can differ. Each type of business has its own risks. A safe warehouse may look very different to a safe clinic or café. To follow the law, you must match your safety steps to your work.

Different jobs, different risks

Each industry must manage specific risks. That means using clear systems to spot hazards and protect workers. Let’s look at a few sectors and what they might need to do:

• HealthcareManage infection control, chemical use and patient safety. Workers often move patients, which can cause strain injuries.
• Real estateStaff visit many properties. They face risks like unknown hazards, slips or aggressive dogs. Mobile work means safety plans must apply in many locations.
• HospitalityCommon risks include hot surfaces, spills, sharp tools and long shifts. The work is fast-paced, which raises the chance of injury.
• Construction and tradesWorkers use heavy gear and may work at heights or with electricity. Safety systems must meet strict codes of practice and WHS laws.

Sarah the Real Estate Pro: safety on the move

Sarah runs a growing real estate company. Her team often works out in the field. To meet WHS laws across different properties, she:

• Uses digital checklists for site visits.
• Gives mobile staff safety training.
• Stores all safety documents in the cloud so that they can be access by anyone at anytime.
• Reviews procedures every quarter.

With these tools and procedures, Sarah can apply the right policies for every property and help her team work safely across locations. You can utilise Business Kitz to securely store essential documentation. Get started for free!

How WHS laws work in real business settings

Work health and safety laws are not just for big companies. Small cafés, trade services and local shops also have legal duties. The rules apply to any place where people work. You must follow the law, manage risk and keep workers safe.

What WHS looks like in action

Let’s look at how a local café puts WHS into daily practice.The owner, Priya, runs a team of five. Her staff use hot machines, carry trays and clean busy floors. These tasks can cause slips, burns or strains. To meet WHS laws and protect her team, Priya uses three key steps.StepActionIdentifyUse a risk checklistConsultToolbox talks & feedbackRecordUse WHS documentationShe walks through the café each week and checks for hazards. She talks with staff about what feels risky and listens to their ideas. She records every incident, review and update and securely stores information using Business Kitz tools.

Common safety challenges

Small businesses often face these issues:

• No clear safety plan.
• Limited time to train staff.
• Poor record-keeping.
• Lack of access to legal forms.

These can lead to fines or injury. But with a few simple tools, you can meet your duty and stay compliant.

Easy ways to stay on track

• Hold quick check-ins each week.
• Keep records in one safe place.
• Review your plan every three months.
• Use clear forms for reports and updates.

With the right tools, any business can meet WHS laws and build a safer workplace.

How to keep workers safe and informed

Keeping workers safe starts with keeping them informed. Every person on the team must understand their role in health and safety. This means more than just reading a policy. It means active learning, clear reporting and regular feedback.

Train your team

Training helps workers stay alert and confident. It gives them the tools to make safe choices and speak up when needed.Focus on:

• Short sessions during onboarding.
• Quick refreshers every few months.
• Job-specific risk prevention and safety steps.
• How to report a hazard or incident.

You can run short toolbox talks or add a safety tip to staff meetings.

Make reporting easy

Workers must know how to report hazards, injuries or near misses. If the process is unclear or hard to access, they may not report at all.Ways to improve:

• Use a simple, short form.
• Keep the process private and respectful.
• Give quick updates once the issue is reviewed.
• Avoid blame – focus on fixing the hazard.

Get feedback and check employee understanding

Ask workers how the system works for them. Use surveys, chats or suggestion boxes. You can also test their knowledge with a quick “Safety Know-How” quiz.Try short questions like:

• What is one common hazard in your role?
• Where is the first aid kit?
• How do you report a potential hazard or near miss?

A short quiz helps spot risk-prevention gaps and shows you’re serious about keeping people at work safe.

How each territory handles compliance and enforcement

Each state and territory in Australia is responsible for how it applies work health and safety laws. While most follow the model WHS Laws, there are some differences in how they regulate and enforce these rules. To stay compliant, you must know the requirements in your local jurisdiction.

WHS across the country

Most states and territories have adopted the model Work Health and Safety Act and regulations. These laws set out duties for employers, workers and officers. They also explain how to handle hazards, manage risk and report incidents.However, not all regions follow the same rules. For example:

• Victoria still uses its own Occupational Health and Safety Act.
• Western Australia joined the model laws more recently and added some specific changes.
• Commonwealth laws apply to national and federal work environments.

Each regulator in a state or territory monitors how the laws are followed. They can also regulate and enforce the rules through audits, advice, or penalties.

Who enforces the law?

Here are the key regulators across Australia:State/Territory/OtherWHS regulatorNSWSafeWork NSWVictoriaWorkSafe VictoriaQLDWorkSafe QueenslandWAWorkSafe WASASafeWork SATASWorkSafe TasmaniaNTNT WorkSafeACTWorkSafe ACTCommonwealthComcareYou must apply the rules that match your work location. In the Commonwealth system, Comcare is the main regulator. Visit your local regulator’s site to find the right codes of practice and safety information.

What the WHS Act says about responsibilities for health and safety

The model Work Health and Safety Act sets out the main rules for health and safety in Australia. It explains who is responsible, what they must do and how to manage risks at work. Most states and territories follow this act, with some adding local details.

What the act covers

The act applies to all types of work, from offices and shops to factories and farms. It sets out clear duties to protect workers, visitors and anyone affected by the business.Key parts of the act include:

• Duties of care for PCBUs (employers and businesses).
• Worker rights and responsibilities.
• Officer duties to ensure WHS systems are in place.
• Incident reporting rules.
• Consultation with workers about safety matters.
• Enforcement powers for regulators.

Each business must follow the WHS Act, manage hazards and keep the workplace safe. If not, they may face fines or legal action.Laws can change, but having the right policies and procedures in place helps keep your business ready and safe at all times.

Differences and similarities between WHS and OHS

Many people still use the term OHS when they talk about safety at work. It stands for occupational health and safety. Today, most of Australia follows WHS, or work health and safety. While both aim to protect people at work, they use different language and laws.

What changed and why

Before 2011, each state and territory had its own OHS laws. These laws were similar but not the same. This caused confusion, especially for businesses that worked across borders.To fix this, the Australian government introduced the model Work Health and Safety Act laws. These laws were designed to be the same across most regions.Now, most states and territories follow the WHS system. Only Victoria still uses the older OHS laws, but they share the same goals—keeping people safe.

WHS adoption timeline

The timeline of adoption of the model WHS laws by various states and territories is as follows:

• 2011: Commonwealth introduces model WHS laws.
• 2012: Model WHS laws are adopted in the ACT, NSW, QLD, NT.
• 2013: SA and TAS join.
• 2022: WA adopts the WHS Act.

WHS vs OHS

FeatureWHS (Work Health and Safety)OHS (Occupational Health and Safety)Used inMost of AustraliaVictoriaBased onModel WHS Act and regulationsState-specific lawsNational approachYesNoKey aimProtect people at workProtect people at workEmployer termPCBUEmployerUnderstanding both terms can help you meet your legal obligation. Business Kitz offers templates that work with both systems, so you can improve your WHS processes and procedures no matter where you operate.

How to write a clear health and safety policy

A strong health and safety policy helps your team know what to do and why it matters. It sets out your business’s goals, roles and safety steps. A clear policy also shows that you take your legal obligation seriously.

What your policy should include

Your policy should be short, clear and easy to follow. Avoid jargon and focus on what matters most—keeping people safe at work.Key parts of a good health and safety policy:

• PurposeExplain why the policy exists. For example, “This policy aims to protect workers, meet WHS laws and reduce harm in the workplace.”
• Roles and dutiesList who is responsible for what. This could include employers, managers and workers.
• ProcessesOutline how you handle risks, incidents and ongoing safety checks. Include how you report a hazard or injury.
• ReviewsExplain how often the policy will be reviewed. This keeps it current and aligned with any law or regulation changes.

Sample outline

Here’s a basic layout you can use:

1. Policy title and version.
2. Purpose statement.
3. Roles and responsibilities.
4. Hazard and risk control steps.
5. Incident reporting and response.
6. Review and update schedule.
7. Sign-off by management.

Tips for success

• Keep the tone simple and direct.
• Make sure every worker can understand it.
• Store it where staff can access it easily.
• Review it at least once a year.

Utilise Business Kitz WHS Policy and Procedures Template to help get you started. Our templates can be customised to suit your business and applied right away. This saves time and helps improve your safety processes and protocols.

Identifying and managing a workplace hazard

Every business must know how to spot and manage hazards. A hazard is anything that could cause harm to a person. It could be a wet floor, a noisy machine or high stress levels. Finding and fixing hazards is a key part of health and safety.

Types of hazards

Hazards come in many forms. You need to look at your workplace often to spot them early. Here are the main types:

• Physical hazardsThese include slippery floors, loose cables, loud noise or hot surfaces.
• Psychological hazardsThese involve mental strain, bullying, fatigue or high workload.
• Environmental hazardsThese include poor lighting, air quality or exposure to heat or cold.

Each hazard must be taken seriously. If left alone, it can lead to injury, stress or a major incident.

Common hazard checklist

Use this list to help find hazards in your workplace:

• Are walkways clear and dry?
• Are tools and machines in good condition?
• Do staff show signs of stress or fatigue?
• Is there enough light and fresh air?
• Are chemicals clearly labelled and stored?
• Do you hear loud or ongoing noise in work areas?
• Is emergency access clear at all times?

Tick off each point and add your own based on the tasks your team does. Once you spot a hazard, record it. This helps you track risks and meet your legal duties.

Conducting a risk assessment that actually works

A proper risk assessment helps you find dangers before they cause harm. It also helps you follow WHS laws and protect your team. Every workplace must do risk assessments to spot hazards, judge their impact and take action.

Use a simple 3-step process

Follow this framework to complete a risk assessment:

1. IdentifyWalk through your work area. Look for hazards that could cause harm. Talk to workers about what they see or feel. Use a checklist to keep track.
2. AssessWork out how likely the hazard is to cause harm and how serious the harm could be. This shows you what to fix first.
3. ControlDecide what steps to take to reduce or remove the risk. If you cannot remove it, put controls in place to protect people.

Implement a risk management process today to help secure your employees' safety.

What compensation looks like after an incident

When a worker gets injured or sick due to their job, they may be able to claim workers’ compensation. This system helps cover medical costs, lost wages and other support. Every employer has a legal obligation to provide access to this process.

What is workers’ compensation?

Workers’ compensation is a form of insurance. It provides payments to workers who suffer an injury or illness caused by their work. It also helps employers meet their legal duties without paying costs out of pocket.Each state or territory runs its own workers’ compensation scheme. While details may differ, the core rights and steps remain the same.

What employers must do

As an employer, you must:

• Hold a current workers’ compensation insurance policy.
• Report injuries within the set time limits.
• Give injured workers access to claim forms and support.
• Keep proper records of the incident.
• Stay in touch with the worker during their recovery.

You must report incidents quickly. Delays can lead to fines or disputes.

Steps in the compensation process

1. Worker reports the injury.
2. Employer records and notifies the insurer.
3. Worker submits a claim.
4. Insurer assesses the claim.
5. Payments or support begin if approved.

Accurate records are key to a smooth process. They help resolve issues and protect both the worker and the business.

Building a health and safety plan that teams will actually use

A health and safety plan is a simple, practical tool that helps protect workers and keep the workplace running, and in some cases, is legally required. But for a plan to work, your team must understand it and use it every day.

Why safety plans often fail

Many plans fail because they are:

• Too complex.
• Full of jargon.
• Hard to access.
• Not kept up to date.
• Written without input from the people doing the work.

When staff can’t follow a plan, safety breaks down. The best plans are short, clear and easy to apply.

Steps to build a useful plan

Follow these steps to build a plan your team can follow:

1. Set clear goalsStart with the purpose. Focus on what you want to achieve—like fewer injuries or safer practices.
2. List roles and dutiesExplain who is responsible for each part of the plan. Include managers, workers and safety officers.
3. Identify risks and hazardsUse a checklist to find what could cause harm in your workplace.
4. Write control actionsFor each risk, write what steps will reduce or remove it.
5. Create a response processExplain how to report incidents and what to do after one occurs.
6. Review and improveSet review dates. Update the plan if the workplace, tools or regulations change.

Ensure your team is safe and aware by implementing a clear workplace health and safety plan.

The commonwealth’s role in regulating national safety standards

In Australia, both the Commonwealth and the states and territories share responsibility for work health and safety. The system works best when both levels do their part. National standards give consistency. Local regulators handle day-to-day checks and support.

National vs local responsibilities

The Commonwealth sets out a broad, national view. It works with the states and territories to develop safety laws and guides. Each state or territory then decides how to apply and enforce those rules within its borders.This system lets safety laws work well across different types of jobs, from local cafés to large national companies.

What Safe Work Australia does

Safe Work Australia is the main national body that helps develop WHS laws and policies. It does not enforce the laws. Instead, it:

• Drafts the model WHS Act and regulations.
• Creates codes of practice and safety guides.
• Gathers and shares data on workplace injuries.
• Works with governments and industry to develop safety standards.

Each state or territory chooses whether to adopt these model laws. Most have, but some add their own rules.Following national standards helps your business stay consistent across regions. It also helps you meet your legal obligations under both local and national regulations.

Meeting your ongoing obligation to maintain safety standards

Health and safety is not a one-time task. It is an ongoing obligation that every business must meet. Once you set up a safety system, you must review, train and update it often. This helps you stay compliant with WHS laws and protect your team from harm.

Why reviews and updates matter

Workplaces change. New staff join, tasks shift or tools get replaced. If your safety plan stays the same, it can miss new risks. That’s why regular reviews are so important. They help you:

• Find new hazards.
• Check if current controls still work.
• Fix gaps in training or systems.
• Keep up with changes to WHS regulations or codes of practice.

You must also keep your workers informed. Regular training makes sure they know what to do and how to do it safely.

Set a review schedule

Plan your checks across the year. Use different timeframes for different tasks.TaskReview timingSafety proceduresEvery 3 monthsStaff WHS trainingEvery 6 monthsRisk assessmentsYearly or as neededPolicy updatesYearlyEquipment checksMonthly

Use tools to stay on track

Business Kitz makes it easy to stick to your schedule. Use the platform to:

• Store all WHS documents in one place
• Track review dates
• Set alerts for upcoming tasks

With reminders and ready-to-use templates, you can maintain your safety system with less effort. This helps you meet your legal duties and keep your workplace safe all year round.

How to regulate and enforce a strong internal safety culture

A strong safety culture starts from within. While regulators can check your compliance, real change happens when your team takes ownership of safety every day. A culture that values safety helps reduce risks, prevent harm and build trust across the workplace.

Internal vs external pressure

External pressure comes from legal obligations. If you do not follow WHS laws, a regulator may issue a warning or fine. While this helps drive change, it is often reactive.Internal pressure is different. It means your team sees safety as a shared responsibility. They do the right thing not because they have to, but because they know it matters. This leads to stronger habits, fewer incidents and better outcomes for your company.

Build a culture of accountability

To create a strong internal culture, you need clear steps that everyone can follow. These steps work best when they come from leadership and are supported by the whole team.Use the checklist below to get started:

• Lead by exampleManagers must follow the same safety rules as everyone else. Actions speak louder than policies.
• Encourage reportingMake it easy and safe for workers to report hazards or unsafe behaviour. Praise action, not silence.
• Celebrate safety winsShare positive results. For example, highlight zero-injury months or reward safe practices.
• Put safety in your daily talksAdd it to team meetings and updates so it stays top of mind.
• Apply lessons from past incidentsUse real examples to show how small actions prevent big problems.

When you regulate safety from the inside, your team stays ahead of the law and builds a safer, stronger workplace together.

Frequently asked questions about work health and safety

How do WHS duties relate to everyday tasks at work?

WHS duties relate to daily tasks by setting clear rules for safe work. Every role has its own duties under the WHS Act. Employers must provide a safe place to work. Workers must follow rules and report hazards.

What is the difference between WHS and occupational health and safety?

WHS stands for work health and safety. OHS means occupational health and safety. Both aim to protect people at work. WHS is the current system used in most parts of Australia. Victoria still uses OHS laws.

What is the health and safety act?

The Work Health and Safety Act is the main law that sets duties for employers, officers and workers. It helps prevent harm at work. The Act works alongside WHS regulations and codes of practice.

What are my responsibilities in each state and territory?

Each state and territory may apply WHS laws in slightly different ways. Most follow the model WHS act. Some add extra rules. You must check your local laws to stay compliant.

What role does the Commonwealth play in WHS?

The Commonwealth helps create national WHS rules. It does not enforce laws. Instead, Safe Work Australia works with each state or territory to guide best practice and keep rules consistent.

Where can I find reliable WHS information?

You can find trusted information from Safe Work Australia or your local WHS regulator.

What WHS documents do I need for my business?

You need a safety policy, risk assessment forms, incident logs and training records. These documents show you take action to minimise risks and protect your team. They are also useful for handling dispute resolution.

How can I develop a strong safety culture?

To develop a strong safety culture, lead by example. Talk about safety often. Train your team well. Use clear steps and tools to track hazards and fixes.

Final thoughts

Every business must take health and safety seriously. It protects people at work and helps you meet your legal duties.It is essential that you and your team understand what they must do and how to build safer systems:

• Spot and manage hazards.
• Write clear safety policies.
• Run risk checks.
• Handle incidents.
• Keep your safety plan up to date.
• Build a strong safety culture.

Business Kitz makes it easier to get it right. You get:

• Access to over 100 document and agreement templates.
• Easy digital signing with our Document Sign tool.
• Simplified employee, supplier and customer data management.
• Secure storage for all Business documentation with Business Kitz Document Vault.
• And much more!

Save time and stay on track with less effort. Streamline your business systems with Business Kitz today.Disclaimer: This content is intended to be used for educational and informational purposes only. Business Kitz does not offer legal advice and cannot guarantee the accuracy, reliability, or suitability of its website content for a particular purpose. We encourage you to seek professional advice from a licensed professional and verify statements before relying on them. We are not responsible for any legal actions or decisions made based on the information provided on our website.Unless expressly stated otherwise, all content, materials, text, images, videos and other media on this website and its contents are the property of their respective copyright owners.