Workplace Health and Safety Policy (Australia)

A Workplace Health and Safety Policy in Australia is a legally binding written instrument.

The primary legislative framework governing WHS in Australia is the Work Health and Safety Act 2011 (Cth) (the WHS Act) and the Work Health and Safety Regulation 2017 (Cth) (the WHS Regulation), developed by Safe Work Australia as model legislation. As of 2026, the model WHS Act has been adopted by the Commonwealth, New South Wales (Work Health and Safety Act 2011 (NSW)), Queensland (Work Health and Safety Act 2011 (Qld)), South Australia (Work Health and Safety Act 2012 (SA)), the Australian Capital Territory (Work Health and Safety Act 2011 (ACT)), the Northern Territory (Work Health and Safety (National Uniform Legislation) Act 2011 (NT)), and Tasmania (Work Health and Safety Act 2012 (Tas)). Victoria is governed by the Occupational Health and Safety Act 2004 (Vic) and the Occupational Health and Safety Regulations 2017 (Vic), which are administered by WorkSafe Victoria. Western Australia adopted its own Work Health and Safety Act 2020 (WA), which is closely aligned with the model legislation and is administered by WorkSafe WA.

The central obligation on employers is found in section 19 of the WHS Act. A person conducting a business or undertaking (PCBU) must confirm, so far as is reasonably practicable, the health and safety of workers engaged by or caused to be engaged by the PCBU, and the health and safety of workers whose activities in carrying out work are influenced or directed by the PCBU. The duty extends to the physical and psychological health of workers. The qualifier so far as is reasonably practicable requires the PCBU to weigh the likelihood and degree of harm of a hazard or risk against the availability and cost of measures to eliminate or minimise it, giving primacy to eliminating the risk entirely before considering lesser controls.

Under section 27 of the WHS Act, officers of a PCBU — including directors and senior managers — have a positive personal duty to exercise due diligence to confirm the organisation complies with its WHS obligations. This personal duty is not merely derivative of the organisation's duty; it is an independent obligation on each officer individually. Due diligence requires officers to acquire and maintain up-to-date knowledge of WHS matters, understand the operations and associated WHS risks of the business, confirm the PCBU has appropriate resources and processes to eliminate or minimise WHS risks, confirm the organisation has appropriate processes for receiving and responding to information about incidents, hazards, and risks, and verify that those resources and processes are being implemented effectively. Officers can face substantial personal fines and, in serious cases involving Category 1 offences involving reckless conduct, imprisonment.

Workers also have personal duties under section 28 of the WHS Act. They must take reasonable care for their own health and safety, take reasonable care that their acts or omissions do not adversely affect the health and safety of others, comply with any reasonable instruction given by the PCBU, and cooperate with any reasonable WHS policy or procedure. Safe Work Australia supports national WHS data collection, analysis, and the development of model laws and codes of practice, while the relevant state and territory WHS regulator — such as SafeWork NSW, WorkSafe Victoria, WorkSafe WA, and Workplace Health and Safety Queensland — has responsibility for enforcement within its jurisdiction.

A Workplace Health and Safety Policy is needed by every person conducting a business or undertaking (PCBU) in Australia, regardless of the size, industry, or nature of the organisation. The Work Health and Safety Act 2011 (Cth) and its state and territory equivalents impose obligations on all PCBUs, from sole traders with one employee to large multinational corporations, and a documented WHS Policy is the foundation of any effective WHS management system.

The most pressing need for a formal WHS Policy arises when an organisation is starting up and needs to establish the governance and procedural framework for managing WHS risks from the outset. The WHS Policy sets the tone at the highest level of the organisation — it is the document that demonstrates Board and senior management commitment to health and safety, and it provides the framework within which all more detailed WHS procedures, safe work method statements, and risk assessments operate.

A WHS Policy is also urgently needed when an organisation has experienced a workplace incident, injury, illness, or near-miss that has revealed gaps in its existing WHS management framework. Following a notifiable incident — as defined in sections 35 to 37 of the WHS Act, including the death of a person, a serious injury or illness, and a dangerous incident — the relevant state or territory WHS regulator will investigate and expect to see evidence of a documented and implemented WHS management system. An organisation that cannot demonstrate a coherent WHS Policy and associated procedures is likely to face significantly greater regulatory scrutiny and potential prosecution.

Organisations that engage workers in higher-risk industries — including construction, manufacturing, agriculture, mining, healthcare, hospitality, and retail — have a particularly acute need for a thorough WHS Policy because of the elevated likelihood and severity of potential hazards in those environments. The WHS Regulation 2017 (Cth) and its state and territory equivalents impose specific, more detailed obligations on PCBUs in relation to particular hazards and industries, such as the management of hazardous chemicals, plant and equipment, confined spaces, falls from height, and psychosocial risks.

Organisations that are seeking to tender for government contracts — at the Commonwealth, state, or local government level — are typically required to demonstrate a documented and implemented WHS management system as a condition of eligibility. A well-drafted WHS Policy supported by a suite of WHS procedures is a key element of the documentation required in most government procurement contexts.

Existing organisations must also review and update their WHS Policy whenever there is a significant change in operations, personnel, technology, or legislation — such as the introduction of new duties around psychosocial hazards and psychological health under the WHS Regulation 2022 amendments, or the adoption of new codes of practice by Safe Work Australia or the relevant state and territory regulator. The policy should be reviewed at a minimum annually, and whenever a WHS incident occurs that suggests the current framework needs strengthening.

Small businesses with fewer than 15 employees are also subject to the WHS Act and its general duty of care provisions, and a documented WHS Policy — even in a simplified form appropriate to the scale of the business — demonstrates the employer's commitment to safety and provides evidence in the event of a WorkCover insurance claim or a WHS regulator investigation.

A thorough Australian Workplace Health and Safety Policy should include all the key elements needed to satisfy the obligations of the Work Health and Safety Act 2011 (Cth) and the WHS Regulation 2017 (Cth), demonstrate senior management commitment to safety, and form the foundation of an effective WHS management system.

The first essential element is a commitment statement from the highest level of the organisation. The WHS Policy should be formally endorsed and signed by the most senior officer of the business — the Chief Executive Officer, Managing Director, or equivalent — and should include a clear, unambiguous commitment to providing and maintaining a safe and healthy workplace for all workers and others affected by the organisation's activities. This commitment should acknowledge the organisation's obligations under section 19 of the WHS Act and the due diligence duties of officers under section 27.

The second essential element is a statement of scope and application. The policy should clearly state which activities, sites, and categories of worker it applies to, including employees, contractors, labour hire workers, volunteers, and visitors where appropriate. The scope statement should confirm that the policy applies to all states and territories in which the organisation operates, and should reference the relevant WHS legislation in each jurisdiction where the model WHS Act has been adopted and in Victoria and Western Australia where separate legislation applies.

The third essential element is a clear allocation of WHS responsibilities across the organisation. The policy should define the WHS responsibilities of the Board and senior leadership (including the section 27 due diligence obligations of officers), managers and supervisors (including their obligation to implement WHS procedures and manage WHS risks in their areas of responsibility), workers (including their section 28 duties to take reasonable care and comply with WHS instructions), and any dedicated WHS personnel such as a WHS Manager or Health and Safety Representatives elected under Part 5 of the WHS Act.

The fourth essential element is a description of the organisation's approach to hazard identification, risk assessment, and risk control. The policy should reference the hierarchy of controls — elimination, substitution, isolation, engineering controls, administrative controls, and personal protective equipment — as required by the WHS Regulation 2017 (Cth), and should confirm that the organisation will seek to eliminate risks at the highest level of the hierarchy before relying on lower-order controls.

The fifth essential element is a commitment to worker consultation and participation. Section 47 of the WHS Act imposes a duty on PCBUs to consult with workers when identifying and assessing hazards and risks, making decisions about risk controls, proposing changes to the workplace that may affect safety, and developing and reviewing WHS policies and procedures. The policy should describe the mechanisms through which the organisation will fulfil this consultation duty, including the role of Health and Safety Representatives and Health and Safety Committees where established.

The sixth essential element is a procedure for incident reporting and investigation. The policy should require all incidents, injuries, illnesses, near-misses, and hazardous conditions to be reported promptly, describe the investigation process for different categories of incident, and confirm the organisation's obligations to notify the relevant WHS regulator immediately of any notifiable incident under section 38 of the WHS Act and to preserve the incident scene under section 39.

The seventh essential element is a commitment to training, induction, and competency assurance. Workers must be provided with the information, training, instruction, and supervision necessary to protect them from WHS risks under section 19(3)(f) of the WHS Act. The policy should confirm the organisation's commitment to providing adequate WHS induction for new workers and ongoing WHS training for all workers in relevant hazard management. The policy should be reviewed at least annually and updated to reflect changes in legislation, operations, or the organisation's WHS risk profile.

Under the Fair Work Act 2009 (Cth), the Fair Work Commission (FWC) adjudicates workplace disputes. Section 394 of the Fair Work Act 2009 governs unfair dismissal claims. The Fair Work Ombudsman (FWO) enforces compliance with the National Employment Standards (NES). The Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data handling. The Australian Taxation Office (ATO) administers PAYG withholding and superannuation guarantee obligations under the Superannuation Guarantee (Administration) Act 1992. The forms-legal.com Workplace Health and Safety Policy (Australia) template covers the mandatory elements under Fair Work Act 2009 (Cth).