Legislation Overview
WHS Act 2011 (NSW)
The primary legislation establishing duties for persons conducting a business or undertaking (PCBUs), officers, and workers. Harmonised with the model WHS Act.
WHS Regulation 2025 (NSW)
Updated regulations specifying detailed requirements for hazardous chemicals, noise, manual tasks, confined spaces, construction, plant, and workplace facilities.
WEL Transition — December 2026
NSW is transitioning from Workplace Exposure Standards (WES) to Workplace Exposure Limits (WELs) by December 2026. PCBUs must prepare for updated chemical exposure limits.
Penalty Structure
| Offence Category | Body Corporate | Individual / Officer |
|---|---|---|
| Category 1 — Reckless conduct | $11,150,183 | $2,318,844 and/or 10 years imprisonment |
| Category 2 — Failure to comply (risk of death/serious injury) | $1,500,000 | $300,000 |
| Category 3 — Failure to comply (general) | $500,000 | $100,000 |
| Industrial Manslaughter (from Sep 2024) | $20,000,000 | Up to 210 years imprisonment |
Key Compliance Requirements
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of workers and others.
Officers must exercise due diligence to ensure the PCBU complies with its duties, including keeping up-to-date knowledge of WHS matters.
Workers must take reasonable care for their own health and safety and cooperate with reasonable policies and procedures.
Managing risks from hazardous chemicals including SDS, registers, health monitoring, and atmospheric monitoring.
Managing risks of hearing loss from noise exposure. Exposure standard: LAeq,8h of 85 dB(A) and LC,peak of 140 dB(C).
Identifying and managing risks from manual tasks involving repetitive force, sustained posture, or high force.
Entry permits, atmospheric testing, rescue procedures, and risk assessment for confined space work.
Notifiable Incidents
Call 13 10 50 immediately
A PCBU must notify the regulator immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred. The incident site must be preserved until an inspector arrives or directs otherwise.
Notifiable incidents include: death, serious injury or illness, and dangerous incidents (e.g. uncontrolled explosion, escape of gas, electric shock).
Approved Codes of Practice
How EHS Atlas Maps to NSW Requirements
Chemical register & SDS management
Chemical Vault
Centralised SDS library with auto-expiry alerts and GHS classification.
Risk assessments (s.19 duty)
Risk Matrix Engine
Configurable 5x5 risk matrices with hierarchy of controls and residual risk scoring.
Officer due diligence (s.27)
Executive Dashboard
Real-time compliance scorecards and board-ready reporting for officers.
Noise monitoring records
Exposure Monitoring
Track noise dosimetry, area monitoring, and personal exposure against WELs.
Confined space permits
Permit-to-Work
Digital confined space entry permits with atmospheric monitoring integration.
Incident notification (13 10 50)
Incident Register
Notifiable incident detection with auto-generated regulator notification forms.
Training records & competencies
Training Matrix
Track WHS inductions, competencies, and licence renewals with expiry alerts.
Stay compliant in New South Wales
EHS Atlas maps every SafeWork NSW requirement to a module you can action today.
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