New work health and safety (WHS) laws commenced in NSW on 1 January 2012. The WHS laws replaced the occupational health and safety (OHS) laws in NSW.
The WHS laws were developed using the model WHS laws developed by Safe Work Australia.
From 1 January 2012, WorkCover administers and provides advice on the:
The WHS Act sets out the legal obligations that must be complied with to provide for the health and safety of workers.
The Guide to the model Work Health and Safety Act provides an overview of the WHS Act. It is designed to help people generally understand their health and safety duties, rights and responsibilities at work. It is not intended to be read in place of the WHS Act.
The WHS Regulation expands on the requirements of the WHS Act by providing further details on how the Act is to be complied with.
The Guide to the model Work Health and Safety Regulations provides an overview of the structure of the WHS Regulation. Cross references to relevant additional regulations are provided, as are references to provisions of the WHS Act. This guide will help readers identify what duties or rights are contained in each part of the Regulation. It is not intended to be read in place of the WHS Regulation.
Compliance and enforcement of WHS legislation in NSW is the role of WorkCover NSW and the Department of Trade and Investment for mining workplaces.
The work health and safety legislation is supported by the WorkCover compliance policy and prosecution guidelines that supplement the National compliance and enforcement policy.
This website provides general information about the duties and rights of persons conducting a business or undertaking (PCBU - the new term that includes employers), officers, workers and others under the WHS laws. However, it is intended to provide general information about the law only and is not intended to represent a comprehensive statement of the law as it applies to particular problems or to individuals, or as a substitute for legal advice.
Seek legal advice if you need assistance on the application of the law to your situation.
Call 13 10 50 for more information about WHS law and policy.