WHS and OHS Regulatory Update: August 2025

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In Short

• New NSW workplace safety reforms introduce mandatory Codes of Practice, greater enforcement powers, and new reporting requirements for improvement notices.

• As of 1 August 2025, Queensland inspectors will conduct audits on buildings constructed before 1990 to ensure proper asbestos risk management.

• A serious workplace fall resulted in fines totalling $795,000, highlighting the need for effective training, incident reporting, and adherence to safety codes.

Tips for Businesses
Review and update your safety systems to align with the new NSW Codes of Practice and reporting duties. If operating in older Queensland buildings, complete asbestos risk assessments and control measures. Reinforce training on equipment use and incident reporting to prevent serious injuries and avoid large fines.

Legislative Update

The NSW Government has recently passed reforms that will see significant changes to the Industrial Relations Act 1996 (NSW) and the Work Health and Safety Act 2011 (NSW). 

The key changes seek to establish new processes for addressing bullying and harassment in the workplace while strengthening existing WHS provisions and enforcement practices. 

Some of the key amendments include: 

1. implementing mandatory Codes of Practice employers will be required to adhere to;
2. new enforcement powers for SafeWork NSW to enforce compliance and improve information sharing across different jurisdictions; and
3. reporting obligations for employers to report improvement notices issued by health and safety representatives to SafeWork NSW. 

We will continue to monitor and report on this matter (including when the changes will come into effect). 

Asbestos Management Compliance Audits in Queensland

From 1 August 2025, Workplace Health and Safety Queensland inspectors have commenced auditing businesses operating from buildings constructed before 1990 and those likely to contain asbestos. 

Focus on Physical Risks to Safety 

A series of serious workplace incidents involving machinery and equipment highlights critical gaps in safety protocols across many organisations. These cases demonstrate that regardless of the type of business, employers can benefit from implementing robust safety mechanisms and reviewing inadequate work processes.

The incidents revealed recurring issues such as: 

1. insufficient worker training for equipment operation and maintenance tasks;
2. poor incident reporting practices, with some businesses failing to report serious injuries; and 
3. repeat offences indicating systemic safety culture problems.

The consequences of non-compliance have led to employers facing substantial fines of up to $90,000. 

These cases serve as important reminders that proactive safety measures, proper training, and robust reporting systems are essential across all workplaces to prevent serious injuries.

Cases and Incidents

A worker suffered serious injuries after falling 2.2 metres. The incident resulted in both the business and the company director receiving significant fines.

1. What Happened?

The worker suffered multiple injuries and has ongoing health issues as a result of the fall. The employer had implemented a safety management plan that had assessed the risk of falls from such a height as a moderate risk. While the employer had identified the risk within their safety management plan, they did not put appropriate steps in place to effectively mitigate the risk. 

2. What Was the Outcome?

The employer faced a fine of $750,000. Additionally, the company director was personally fined $45,000. 

3. Key Takeaways

While safety management plans can be effective ways to identify and record risks to safety within the workplace, consideration should be given to effective management of the organisation’s risk exposure.

In this case, the employer had not taken into account the Code of Practice for the Prevention of Falls in Workplaces. WorkSafe Commissioner Sally North noted that the Code of Practice would have provided practical guidance to effectively manage fall risks and should be followed in all workplaces where risks of falls exist.