WHS Quick Reference Guide
A rapid reference for essential WHS concepts, duties, and processes for construction work in NSW.
Primary Duties Summary
PCBU (Person Conducting a Business or Undertaking)
Primary Duty: Ensure health and safety of workers and others, so far as reasonably practicable (WHS Act s.19)
Key Actions:
- Eliminate risks, or if not reasonably practicable, minimize risks
- Provide safe systems of work
- Provide safe plant, structures, and substances
- Provide information, training, instruction, and supervision
- Consult with workers on WHS matters
- Monitor worker health and workplace conditions
- Maintain facilities (amenities, first aid, emergency equipment)
Penalties: Up to $3 million (body corporate) or $600,000 (individual)
Officers (Directors, Senior Managers)
Due Diligence Duty: Exercise due diligence to ensure PCBU complies with WHS duties (WHS Act s.27)
Six Elements:
- Acquire and maintain knowledge of WHS matters
- Understand operations and associated hazards/risks
- Ensure adequate resources for WHS
- Ensure appropriate processes for WHS information
- Ensure processes to comply with duties
- Verify provision and use of resources and processes
Penalties: Up to $600,000 (individual)
Workers
Worker Duties (WHS Act s.28):
- Take reasonable care for own health and safety
- Take reasonable care not to adversely affect others
- Comply with reasonable instructions
- Cooperate with reasonable WHS policies
Rights:
- Right to cease unsafe work
- Right to elect Health and Safety Representatives
- Right to be consulted on WHS matters
4-Step Risk Management Process
Step 1: Identify Hazards
How:
- Inspect workplace regularly
- Consult workers and HSRs
- Review incidents, near misses, records
- Consider design and planning opportunities
Common Construction Hazards:
- Falls (heights, slips, trips)
- Mobile plant and vehicles
- Electricity
- Hazardous substances (silica, asbestos, chemicals)
- Manual handling
- Confined spaces
- Noise
- Psychosocial (time pressure, bullying)
Step 2: Assess Risks
Questions:
- How could harm occur?
- How severe could harm be? (death, serious injury, medical treatment, first aid)
- How likely is harm to occur? (certain, very likely, possible, unlikely, rare)
Risk Level = Severity × Likelihood
Action Priority:
- Extreme: Stop work immediately
- High: Immediate action required
- Moderate: Action within defined timeframe
- Low: Manage with routine procedures
Step 3: Control Risks
Hierarchy of Control (most effective to least):
Level 1: Elimination (remove hazard entirely)
- Prefabricate at ground level instead of working at heights
- Use mechanical aids eliminating manual lifting
Level 2: Minimize Risk
- Substitution: Replace with less hazardous option (water-based paint vs. solvent-based)
- Isolation: Separate people from hazard (guardrails, exclusion zones)
- Engineering: Physical changes (dust extraction, machine guards, RCDs)
Level 3: Administrative Controls + PPE (least effective alone)
- Procedures, SWMS, training, signage, permits
- Hard hats, safety boots, hi-vis, respirators, harnesses
Step 4: Maintain and Review
Review When:
- Controls not effective
- Before changes that may introduce new risks
- New hazards identified
- Consultation indicates review needed
- Scheduled intervals (high-risk: quarterly; moderate: six-monthly; low: annually)
High-Risk Construction Work (SWMS Required)
Work requiring a Safe Work Method Statement (WHS Reg 291):
- Work at heights >2m risk of fall
- Work on telecommunications towers
- Work near energized electrical installations
- Work in or near confined spaces
- Demolition work
- Work on or near pressurized gas mains
- Diving work
- Work in shafts/tunnels
- Work involving use of explosives
- Work on roads with traffic exposure
- Work near traffic-bearing surface, water, or other liquids
- Work involving disturbance of asbestos
- Structural tilt-up or precast concrete erection
- Work on or adjacent to pressurized gas distribution mains
SWMS Must Include:
- Description of high-risk work
- Identified hazards
- Risk assessment
- Control measures (following hierarchy)
- How controls implemented, monitored, reviewed
Construction Project Requirements (>$250,000)
Principal Contractor Duties
Must:
- Prepare WHS Management Plan
- Provide site-specific induction
- Manage SWMS from subcontractors
- Ensure consultation, cooperation, coordination
- Manage general workplace arrangements (access, amenities, emergency procedures)
WHS Management Plan Must Include
- Health and safety arrangements for construction project
- Consultation, cooperation, coordination mechanisms
- Site-specific health and safety induction processes
- Procedures for managing incidents and emergencies
- How construction work monitored and reviewed
Emergency Planning Essentials
Every Construction Site Must Have:
Emergency Plan Including:
- Evacuation procedures (routes, assembly points, signals)
- Medical treatment procedures (first aid, calling 000)
- Rescue procedures (heights, confined spaces, trenches)
- Communication procedures (internal and with emergency services)
- Testing procedures (drills, minimum quarterly)
Emergency Contacts:
- Emergency services: 000
- SafeWork NSW: 13 10 50
- Site supervisor: [mobile number]
- First aiders: [names/contact]
Notifiable Incidents to SafeWork NSW:
- Death of a person
- Serious injury or illness (hospitalization, amputation, serious burns, loss of consciousness)
- Dangerous incidents (collapse, explosion, fire, release of substance, uncontrolled implosion/explosion)
Consultation Requirements
Must Consult With Workers On (WHS Act s.47):
- Identifying hazards and assessing risks
- Decisions about control measures
- Adequacy of worker facilities
- Proposed changes that may affect WHS
- Procedures for consultation, resolving issues, monitoring health, providing information/training
Effective Consultation Involves:
- Sharing relevant information
- Giving workers reasonable opportunity to express views
- Taking views into account
- Advising outcome of consultation
Methods:
- Toolbox talks
- Health and Safety Representatives (HSRs)
- WHS Committees
- SWMS reviews
- Incident investigations
First Aid Requirements
Minimum for Construction Sites:
First Aid Kits:
- Adequate for workplace size and risks
- Readily accessible
- Maintained and restocked
First Aiders:
- Number based on:
- Nature of work and associated risks
- Size and location of workplace
- Number and composition of workers
Recommended Minimums:
- Low-risk sites <25 workers: 1 first aider
- Low-risk sites 25-100 workers: 2 first aiders
- High-risk construction: 1 first aider per 25 workers
High-risk sites may require:
- Advanced first aid trained personnel
- Advanced first aid kits
- Dedicated first aid room
Common Construction WHS Regulations
| Hazard/Activity | Key Regulation | Key Control |
|---|---|---|
| Working at Heights | WHS Reg 79 | Edge protection, fall arrest systems, SWMS |
| Scaffolding | WHS Reg 215-228 | Design, inspection, tagging, competent erector |
| Confined Spaces | WHS Reg 64-75 | Entry permit, atmospheric testing, rescue plan |
| Excavation | WHS Reg 305 | Locate services, shoring/battering, edge protection |
| Electrical Work | WHS Reg 140-165 | Isolation, testing, RCDs, licensed electricians |
| Asbestos | WHS Reg 419-450 | Licensed removalists, controls, notifications |
| Silica Dust | WHS Reg 49-58 | Water suppression, extraction, RPE, health monitoring |
| Noise | WHS Reg 56-59 | Eliminate/minimize at source, hearing protection |
| Mobile Plant | WHS Reg 203-214 | Operators licensed, traffic management, pedestrian separation |
Useful Resources
SafeWork NSW:
- Website: safework.nsw.gov.au
- Phone: 13 10 50
- Codes of Practice (free downloads)
- Safety alerts and bulletins
Key Codes of Practice:
- How to manage work health and safety risks
- Construction work
- Managing the risk of falls at workplaces
- Confined spaces
- Hazardous manual tasks
- Managing risks of respirable crystalline silica
White Card (Construction Induction):
- Mandatory for all construction workers
- Valid Australia-wide
- Must be carried on site
High-Risk Work Licenses:
- Scaffolding (basic, intermediate, advanced)
- Rigging (basic, intermediate, advanced)
- Dogging
- Crane operation
- Forklift
- Elevated work platform (EWP)
Key Definitions
PCBU: Person Conducting a Business or Undertaking—includes companies, sole traders, partnerships (not volunteer organizations or home occupiers not conducting business)
Reasonably Practicable: What is reasonably able to be done considering likelihood of harm, severity of harm, knowledge about hazard/risk, availability of controls, and cost (cost cannot be used as excuse for doing nothing)
Worker: Anyone who carries out work for PCBU—employees, contractors, subcontractors, labor hire, apprentices, trainees, work experience, volunteers
Officer: Company director, partner in partnership, person who makes/participates in making decisions affecting substantial part of business
Structure: Anything constructed—buildings, bridges, towers, scaffolding, formwork, excavations, roadways
High-Risk Construction Work: Work requiring SWMS (see list above)
Construction Project: Construction work costing ≥$250,000
Principal Contractor: PCBU with management/control of construction project workplace
Quick Action Checklists
Starting New Construction Work
- Identify all hazards for the work
- Assess risks (or apply known controls)
- Prepare SWMS if high-risk construction work
- Consult with workers on hazards and controls
- Provide training and instruction
- Ensure required licenses/competencies
- Verify controls in place before work starts
- Establish emergency procedures
- Provide PPE (if required after higher controls)
Daily Site Setup
- Site access clear and safe
- Pedestrian/vehicle separation in place
- Edge protection checked and secure
- Scaffolding tagged (green = safe to use)
- Electrical equipment RCD-protected, cables protected
- First aid kit accessible, first aider on site
- Emergency procedures reviewed (toolbox talk)
- Amenities available (toilets, drinking water)
- Weather conditions safe for work (wind for heights, heat stress)
Incident Response
- Ensure scene safe (remove people from danger)
- Provide first aid (call first aider, call 000 if serious)
- Preserve scene (if serious injury/death/dangerous incident)
- Notify SafeWork NSW (13 10 50 if notifiable incident)
- Investigate (identify causes, implement corrective actions)
- Record (incident report, investigation findings)
- Review controls (prevent recurrence)