The Times Australia
Small Business News

.

Work Health & Safety Law for Small Businesses

  • Written by Nathan Owen Safety Consultant

Small businesses are subject to a vast array of legal requirements, from tax and accounting to HR and industrial relations. In this article we'll break down the key WHS (work health and safety) legal requirements and provide some advice to ensure your business is compliant.

WHS Law Advice for Small Business


The Harmonised WHS Legislation

For work health and safety, the states and territories have authority to set laws and enforce compliance (with the exception of commonwealth employees). To assist businesses and to reduce red tape, the harmonised legislation was created to provide legislative consistency across the states and territories.


The Harmonised WHS Act and Regulations

The harmonised WHS Act ("the Act") sets out key WHS laws for business owners (called "PCBUs"). It also provides the framework for enforcement and gives powers to certain parties, for example, WHS inspectors or union officials.

The Regulations provide more specific guidance on how to comply with the Act and also give further legal duties for specific workplace hazards, for example, hazardous chemicals or confined space work.


The Harmonised WHS Codes of Practice

The Codes of Practice ("the Codes") provide detailed advice on many common hazards and hazardous activities. The Codes are written in plain English and cover subjects like:

  • Working at Heights

  • Asbestos and Demolition

  • Plant and Equipment.

To help manage risks in your business, the Codes are more useful than the Act or Regulations as the Codes will provide step-by-step, practical advice on how to manage hazards.



Complying with the WHS Act

Key Legal Duties and How to Comply

The main legal requirement for businesses under the Act is the “Primary Duty of Care”. This essentially states that businesses are responsible for ensuring the safety of all workers, and must:

  • Provide a safe work environment, safe plant / structures and safe systems of work

  • Ensure the safe use of plant, structures and substances

  • Provide welfare facilities (like toilets and eating areas)

  • Provide training and supervision.

In relation to these duties, and many others, the term "reasonably practical" is used. In simple terms, businesses must do all that they reasonably can to ensure a safe workplace.


Duty to Consult with Workers

Another key legal requirement under the Act is that businesses must consult with workers on WHS matters. For example, if you are writing a new safety policy or procedure, workers should be consulted with. During this consultation it is vital that workers are given opportunity to express their views and to contribute to the decision-making process.


Complying with the WHS Regulations

Compliance with the Regulations is also legally required, however, many of these regulations may not be relevant for your business, depending on what industry you are in.


General WHS Duties

Regulations that are relevant for most industries are outlined in the General Workplace Management section. These regulations include duties for business owners to ensure:

  • Adequate information, training and instruction (appropriate to the level of risk involved with the job or task)

  • A safe general working environment (including safe access and egress, sufficient lighting and ventilation)

  • Adequate first aid and emergency plans (relevant to the nature of work or workplace)

  • Provision of suitable personal protective equipment (PPE)

  • Effective management of remote or isolated work, airborne contaminants, falling objects and psychosocial risks.


Other Duties

The Regulations then outline specific requirements for hazardous work or high risk industries. Depending on what industry you work in, these may or may not be relevant, and include:

  • Noise, manual handling, confined spaces and working at heights

  • High risk work (including licensing requirements)

  • Construction, demolition, asbestos and other industry specific requirements.

The Regulations differ from the Act in that they provide some detailed requirements on how to comply. For example, for working at heights the regulations state that the work should be completed from the ground (e.g., by using an extendable tool) or off a solid construction (e.g., scaffolding) if possible.


Complying with the Codes of Practice

The Codes should be the "go to document" for small business owners looking to improve their WHS performance. The Codes are written in a way that is readily understandable and provide step by step and detailed advice on how to conduct a job safely.


General Advice for Small Business

A good place to start is to review the relevant Codes and make notes on the requirements that are relevant to your workplace. After this, talk to your workers and go through the Code and decide which controls or safety practices will work and how you plan to implement them.

All decision making should take a risk-based approach. That is, the higher the risk is, the higher the amount of effort that should go into managing that risk.


Where to Get Help

The state regulators publish a wealth of material online to help businesses and sole traders comply with legislation and improve safety performance. Some even offer free programs to help the promotion of workplace health and safety. For example, the IPAM program is provided by Work Health and Safety Queensland free of charge. Check their website for contact information for general enquiries. Safe Work Australia also publishes content and material which can be useful in meeting your WHS obligations and managing safety issues.

Other NGOs may provide free services in relation to specific hazards, for example, Beyond Blue provide services to assist with depression, anxiety or other mental health issues.


About the author

https://spiresafety.com.au/

nathan@spiresafety.com.au

https://www.linkedin.com/company/spire-safety/     

https://www.facebook.com/Spire.Safety

Property Times

Top Tips for Finding the Ideal Block to Build Your Home

There’s something deeply personal and exciting about building your own home. You’re not just choosing paint colours or furniture, you’re creating a space that reflects your lifestyle, your dreams, and your future. However, before you start sketchin...

The Home Buying Process Explained Step by Step

Buying a home is a thrilling milestone, but it can also feel like navigating a maze without a map. With paperwork, finances, and decisions at every turn, understanding the home-buying process is crucial for success. Whether you're a first-time buye...

Thinking of Selling Your Home? Here’s What You Need to Know

Selling a home is more than just putting up a “For Sale” sign. It’s a strategic process that involves preparation, pricing, and negotiation - all aimed at getting the best value for your property. Let’s go through the most important steps to take b...

Smart Ways to Earn Passive Income from Real Estate

Imagine making money without doing much work. You get paid even while you sleep, travel, or do fun things. This is called passive income. Indeed, real estate has great ways to do this. You don't have to be a landlord all day; similarly, you don't h...

Food & Dining

Onsite Caterer vs a Full Service Venue: 9 important things to explore

Choosing between an external catering company and an all-inclusive venue is a major decision that affects cost, flexibility, food quality, and the overall event experience. Venues with in-house catering offer convenience and streamlined coordinatio...

Meal Prep as Self-Care? The One Small Habit That Could Improve Your Mood, Focus & Confidence

What if the secret to feeling calmer, more focused, and emotionally resilient wasn’t found in a supplement or self-help book — but in your fridge? That’s the surprising link uncovered by leading dietitians Anna Debenham and Alex Parker from The Biti...

Cult Favourite, TokyoTaco, Opens Beachfront at Mooloolaba this June

FREE Tokyo Tacos to Celebrate!  Cult favourite Japanese-Mexican restaurant TokyoTaco is opening a beachfront venue at the Mooloolaba Esplanade on Queensland’s Sunshine Coast this June.  The doors of the new venue will open on 18 June and to cel...

International lager claims crown as Australia’s most preferred beer

Launching its inaugural ‘Brand Map of Australia’, Tracksuit reveals Corona as the nation’s most preferred beer  Sydney, Thursday, 29 May 2025 - From iconic mass-produced lagers to innovative craft brews, beer is woven into the fabric of Australi...

Business Times

Agentforce for Financial Services: Merging AI and Human Expertise…

In this rapidly evolving world of financial services, deploying customer experiences that are personalized and intelligen...

Samsara Eco and lululemon announce 10 year partnership

lululemon and Samsara Eco Announce 10-Year Plan to Advance Recycled Material Portfolio Plan will see lululemon source a...

Barelli Bathrooms announces celebrity interior designer Kellie Ri…

Barelli Bathrooms, a leading name in contemporary bathroom accessories and design, is proud to announce its new national ...

The Times Features

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...

Why You’re Always Adjusting Your Bra — and What to Do Instead

Image by freepik It starts with a gentle tug, then a subtle shift, and before you know it, you're adjusting your bra again — in the middle of work, at dinner, even on the couch. I...

How to Tell If Your Eyes Are Working Harder Than They Should Be

Image by freepik Most of us take our vision for granted—until it starts to let us down. Whether it's squinting at your phone, rubbing your eyes at the end of the day, or feeling ...