Amendments to Model WHS Laws: What Employers Should Be Preparing For

This is an abridgement of article by SafeWork Australia

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Safe Work Australia has recently published amendments to the model Work Health and Safety (WHS) laws, including updates to both the model WHS Act and model WHS Regulations. These changes reflect evolving workplace risks and a growing national focus on stronger protections for both physical and psychological health.

It is important for employers to note that model WHS laws do not automatically apply in every state or territory. Each jurisdiction must separately adopt these amendments before they become legally enforceable. However, the updates provide a clear indication of the future direction of WHS regulation across Australia and highlight areas where employers should be reviewing their current practices.

One of the most significant changes relates to expanded incident notification requirements. The amendments broaden the types of incidents that must be reported to regulators, reinforcing the expectation that serious risks are identified and addressed early.

Under the updated model laws, notifiable incidents now include:

• Dangerous incidents involving mobile plant and serious falls
  

• Violent incidents, including physical and sexual assault
  

• Work-related suicides and attempted suicides
  

• Work-related injuries or illnesses resulting in 15 or more consecutive days off work
  

These changes place a stronger emphasis on psychosocial hazards and reinforce the responsibility of employers to recognise and manage risks beyond traditional physical injuries. Employers should ensure their incident reporting processes and internal escalation pathways are capable of capturing these events accurately and promptly.

The amendments also introduce changes to high-risk work licensing, particularly in relation to crane operations. Broad licence categories have been removed to ensure workers hold the specific licence required for the equipment they operate, and a dogging qualification is now required for most crane licence classes. These updates strengthen competency requirements and reinforce the importance of matching skills, training, and licensing to the task being performed.

Additional regulatory updates clarify expectations around personal protective equipment, streamline administrative processes such as licence application timeframes, and update requirements for certain high-risk activities, including asbestos-related work. While these changes may appear administrative, they reflect a broader push for consistency, clarity, and accountability across WHS systems.

For employers, these amendments serve as a timely reminder to review and strengthen key areas of their safety management approach. This includes ensuring incident reporting systems are strong, worker competencies and licences are verified, risk controls are regularly reviewed, and psychosocial hazards are actively managed alongside physical risks.

Even where these amendments have not yet been adopted locally, they signal rising regulatory expectations. Employers who act early to align their policies, procedures, and training with these changes will be better positioned to meet future legal requirements and protect their workforce.

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