WHS Regulation 2025 (NSW): What Changed and What It Means
The most significant update to NSW WHS regulations in a decade. Psychosocial controls, silica register, and 88 new penalty offences.
Key changes in the WHS Regulation 2025
The WHS Regulation 2025 (NSW) commenced on 22 August 2025, replacing the WHS Regulation 2017 which was due for automatic repeal on 1 September 2025. This is not a minor update — the new regulation introduces enforceable requirements for psychosocial hazard management, mandates a silica worker register, adds 88 new penalty notice offences, and increases penalty notice amounts by 24%.
The psychosocial risk provisions (s.55C and s.55D) now require PCBUs to apply the hierarchy of controls to psychosocial hazards. This means elimination must be considered first, followed by substitution, isolation, and engineering controls before relying on administrative controls and training. The days of addressing psychosocial hazards solely through policies and training are over — the regulation now demands the same structured control approach that applies to physical hazards.
Part 8A.1 introduces the silica worker register, which commenced on 1 October 2025. PCBUs who carry out silica risk work must maintain a register of workers who perform that work, including details of the work performed, the duration of exposure, and the results of any air monitoring. This is a new administrative obligation that many construction and manufacturing businesses are still coming to terms with.
The 88 new penalty notice offences, added by a July 2024 amendment and carried into the 2025 Regulation, allow SafeWork NSW inspectors to issue on-the-spot fines for a wider range of breaches. Penalty notice amounts have increased by 24% compared to the previous regulation. Additional changes include lithium-ion battery storage requirements and training provider authorisation provisions.
Affected Industries
| Industry | Impact Level | Key Change | |
|---|---|---|---|
| Construction | high | Silica register, psychosocial controls, penalty increases for HRCW breaches | View Solution → |
| Steel fabrication | high | Silica register for cutting/grinding, psychosocial controls, chemical register updates | View Solution → |
| General manufacturing | high | Psychosocial hierarchy of controls, updated penalty framework | View Solution → |
| Aged care | high | Psychosocial controls directly targeting healthcare sector hazards | View Solution → |
| All industries | medium | 88 new penalty notice offences and 24% penalty increase apply to all PCBUs | View Solution → |
What you need to do now
Review psychosocial hazard controls
Assess whether your psychosocial hazard management applies the hierarchy of controls as required by s.55C and s.55D. Policies and training alone are no longer sufficient.
Open Module →Establish silica worker register
If your workers perform silica risk work (cutting, grinding, drilling concrete, stone, or engineered stone), establish a silica worker register as required by Part 8A.1.
Open Module →Understand new penalty offences
Review the 88 new penalty notice offences to understand which apply to your operations. On-the-spot fines are now available for a much wider range of breaches.
Open Module →Update training programs
Ensure training providers are authorised and training programs reflect the updated regulation requirements.
Open Module →Regulatory Timeline
Regulation 2025 Compliance Tools
EHS Atlas modules updated to reflect WHS Regulation 2025 requirements including psychosocial risk hierarchy, silica worker register, and updated penalty framework.
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