WHS Compliance FAQ for Australian Small Business

At minimum, every Australian workplace needs: a Hazard Register (list of all workplace hazards), a Risk Register or Risk Assessment for each hazard, an Emergency Plan (evacuation procedures, first aid, emergency contacts), a system for Incident Reporting and Notifiable Incidents, evidence of WHS consultation with workers, and records of WHS training delivered. Depending on your industry you may also need Safe Work Method Statements (SWMS), a Chemical Register, Food Safety Program, or industry-specific documentation. CompliMate packs cover all of these for your specific industry and state.

Your safety plan should be reviewed whenever there is a significant change to your workplace — a new process, new equipment, new workers, or an incident. At a minimum, you should formally review all risk assessments at least once per year, even if nothing has changed. Safe Work Australia recommends reviewing your entire WHS management system annually and after any notifiable incident. Some states require documented reviews on a set schedule — check with your state regulator for specific requirements.

A WHS inspector can visit unannounced or with notice, depending on the reason. They will likely ask to see your Hazard Register, risk assessments, incident records, and proof of worker consultation. They may inspect the physical workplace, speak with workers, and photograph hazards. Inspectors can issue Improvement Notices (requiring you to fix something by a set date), Prohibition Notices (stopping an activity immediately), or in serious cases, prosecute you on the spot. The best preparation is having your documentation organised and up to date — CompliMate's inspection checklist helps you get ready in advance.

PCBU stands for Person Conducting a Business or Undertaking — essentially any business owner, operator, or entity running a business, regardless of size. This includes sole traders, partnerships, companies, and non-profit organisations. PCBUs have the primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers and others affected by the work. Key obligations include providing a safe work environment, safe systems of work, information and training, supervision, and reporting notifiable incidents to the regulator.

Yes. Under the WHS Act, PCBUs must provide information, instruction, and training to workers so they can work safely. This includes induction training for new workers, job-specific training for high-risk tasks, and regular refresher training. Training must be documented — keep records of who was trained, on what topic, when, and by whom. Free CompliMate training modules cover the most common WHS topics and include audio voiceovers for workers who prefer listening over reading.

Notifiable incidents are serious workplace incidents that must be reported to your state WHS regulator immediately (or as soon as practicable). They include: the death of a person, serious injury or illness (requiring immediate hospital treatment), and dangerous occurrences (something that could have caused death or serious injury, even if no one was hurt). In NSW call SafeWork NSW 13 10 50, in Victoria call WorkSafe Victoria 13 14 44, and similar numbers exist in all states. You must preserve the scene until an inspector arrives unless instructed otherwise or it's emergency-related.

The WHS regulation uses a hierarchy of controls — work from the top down: Eliminate (remove the hazard entirely), Substitute (replace with something safer), Engineering controls (isolating people from the hazard), Administrative controls (change how people work), and PPE (last resort). For each hazard, identify it, assess the risk (likelihood × consequence), apply the highest control measure reasonably practicable, document your decision, and review it when circumstances change. CompliMate's risk register template walks you through this process step by step.

A Safe Work Method Statement (SWMS) is a document that sets out the high-risk construction work activities you carry out, the hazards involved, and the control measures you will use. It must be prepared before high-risk work begins and kept on site. SWMS are a legal requirement for any person conducting a business that commissions high-risk construction work — this includes sole traders. The four steps are: identify the work, identify hazards, assess risks, and specify controls. For other industries outside construction, similar documents like Standard Operating Procedures (SOPs) or Task Risk Assessments serve a similar purpose.

Penalties under the WHS Act are significant. For individuals (including sole traders): Category 1 offences (reckless conduct exposing someone to death or serious harm) carry up to $600,000 and 5 years imprisonment; Category 2 offences (fail to ensure health and safety) carry up to $300,000; Category 3 offences (breach of health and safety duty) carry up to $50,000. For businesses: up to $3 million for Category 1, $1.5 million for Category 2, and $500,000 for Category 3. Beyond fines, you can receive Improvement Notices, Prohibition Notices, and have your business reputation damaged publicly through regulator naming.

You can do your own WHS compliance if you have the time and knowledge — many small businesses do. However, a WHS consultant can be worthwhile if you have complex hazards, limited time, or have received an inspection notice. The key is that the PCBU (you) remains ultimately responsible — you cannot outsource your legal obligations. If you do use a consultant, make sure they provide documented procedures you own and understand, not just verbal advice. CompliMate is designed specifically for small businesses who want to do compliance themselves without expensive consultants — the packs include step-by-step instructions in plain English at a fraction of the cost.