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Regulatory References - NSW Construction

Legislative Framework​

Work health and safety in NSW construction is governed by:

Primary Legislation:

  • Work Health and Safety Act 2011 (NSW)
  • Work Health and Safety Regulation 2017 (NSW)

Regulator:

  • SafeWork NSW

Codes of Practice:

  • Approved codes of practice provide practical guidance on compliance

Work Health and Safety Act 2011 (NSW)​

Key Duties​

Section 19 - Primary Duty of Care (PCBU): Ensure, so far as reasonably practicable, health and safety of workers and that others not put at risk.

Section 27 - Due Diligence Duty (Officers): Officers must exercise due diligence to ensure PCBU complies with WHS duties.

Section 28 - Worker Duties: Workers must take reasonable care, cooperate with reasonable policies, comply with instructions.

Section 29 - Other Persons Duties: Persons at workplace must take reasonable care, comply with instructions.

Section 46 - Cooperation and Coordination: PCBUs must consult, cooperate, coordinate with other duty holders on same matter.

Section 47-49 - Consultation: PCBU must consult workers on WHS matters.

Consultation and Representation​

Part 5 Division 2 - Health and Safety Representatives (s.50-70):

  • Worker right to request HSR election
  • Work group negotiations
  • HSR functions and powers
  • HSR training entitlements

Part 5 Division 3 - Issue Resolution (s.80-82):

  • Issue resolution procedures
  • Worker right to cease unsafe work (s.84-85)

Part 5 Division 4 - WHS Committees (s.71-77):

  • Establishment requirements
  • Committee functions

Enforcement​

Part 10 - Enforcement:

  • Inspector powers
  • Improvement notices (s.191)
  • Prohibition notices (s.195)

Part 11 - WHS Undertakings, Enforceable Undertakings, Offences:

  • Offences and penalties
  • Categories of offences (Category 1, 2, 3)

Work Health and Safety Regulation 2017 (NSW)​

General Risk Management​

Regulation 35-38 - Risk Management:

  • Reg 35: Duty to manage risks
  • Reg 36: Hierarchy of control measures
  • Reg 37: Managing risks when multiple duty holders
  • Reg 38: Review of control measures

Specific Hazard Regulations​

Hazardous Chemicals (Reg 345-354):

  • Labels and SDS requirements
  • Risk assessment and controls
  • Specific prohibitions

Confined Spaces (Reg 66-82):

  • Risk assessment and control plan
  • Entry permits
  • Emergency procedures

Falls (Reg 70-82):

  • Fall prevention duty
  • Requirements for specific work (scaffolding, ladders)

Plant (Reg 201-228):

  • Design registration
  • Safe operation requirements
  • Operator competency

Electrical (Reg 140-157):

  • Electrical safety requirements
  • Competent persons

Asbestos (Reg 419-490):

  • Identification and assessment
  • Licensed removal requirements
  • Exposure standards

Noise (Reg 56-60):

  • Exposure standards
  • Audiometric testing requirements

Hazardous Manual Tasks (Reg 60-62):

  • Risk assessment requirements

Construction-Specific Regulations​

Part 6.1 - General Construction Induction Training (Reg 297-299):

  • White Card requirement
  • Approved training providers

Part 6.2 - Construction Work (Reg 300-323):

  • Reg 308: Principal contractor duties
  • Reg 309: WHS Management Plan (projects ≥$250,000)
  • Reg 310-311: Inductions
  • Reg 314: Consultation, cooperation, coordination

Part 6.3 - High-Risk Construction Work (Reg 324-344):

  • Reg 324-325: SWMS requirements
  • Reg 326-327: Reviewing and revising SWMS
  • Reg 328-330: Availability and compliance with SWMS

Part 6.4 - Demolition Work (Reg 345-355):

  • Demolition work plan requirements
  • Licensed demolition work

Part 6.5 - Excavation (Reg 356-366):

  • Excavation requirements
  • Support and barriers

Part 6.6 - Scaffolding (Reg 369-387):

  • Design and construction requirements
  • Inspection and tagging

Key Regulatory Thresholds - Construction​

Construction Projects ≥$250,000​

Requirements (WHS Reg 309):

  • Principal contractor must be appointed
  • WHS Management Plan must be prepared
  • Plan must include:
    • Hazards and risks
    • Control measures
    • Consultation, cooperation, coordination arrangements
    • Site-specific induction information

High-Risk Construction Work (WHS Reg 291)​

Requires SWMS:

  • Work at heights (risk of fall >2m)
  • Work in/near confined spaces
  • Demolition work
  • Structural alterations
  • Use of explosives
  • Work near energized electrical installations
  • Work on/near chemical, fuel, refrigerant lines
  • Work in contaminated/flammable atmosphere
  • Work on telecommunication towers
  • Diving work
  • Work adjacent to road/rail/shipping lane
  • Work with powered mobile plant movement
  • Work in/near water (drowning risk)

Notifiable Incidents (WHS Act s.35, 38)​

Must notify SafeWork NSW immediately if:

  • Death of person
  • Serious injury or illness:
    • Requires immediate treatment/admission to hospital
    • Immediate treatment for: amputation, serious head injury, serious burns, spinal injury, loss of bodily function, serious lacerations
  • Dangerous incident (even if no injury):
    • Uncontrolled explosion, fire, escape of substance
    • Electric shock
    • Fall of person from height >2m
    • Collapse/partial collapse of structure, excavation, plant
    • Implosion, explosion, fire
    • Escape/spillage of substance
    • Damage to plant from uncontrolled electrical arc

Notification: 13 10 50 (24 hours) or online

Site preservation: Do not disturb incident site (except rescue, make safe, for police/inspector)

Licensing Requirements​

High-Risk Work Licenses:

  • Scaffolding (basic, intermediate, advanced)
  • Rigging (basic, intermediate, advanced)
  • Forklift
  • Boom-type elevating work platform
  • Crane (various classes)
  • Confined space entry
  • Vehicle loading crane

Asbestos Removal:

  • Class A license (friable asbestos, >10m² non-friable)
  • Class B license (<10m² non-friable)

Demolition:

  • Licensed demolition work (structures >$20,000 cost or where asbestos present)

Electrical:

  • Licensed electrician for electrical work

Exposure Standards and Limits​

Noise (WHS Reg 56)​

  • Exposure standard: 85 dB(A) LAeq,8h
  • Peak limit: 140 dB(C) LCpeak

Crystalline Silica (WHS Reg 49)​

  • Exposure standard: 0.05 mg/m³ (8-hour TWA)

Asbestos (WHS Reg 420)​

  • Exposure standard: 0.1 fibers/mL (airborne asbestos fibers, 8-hour TWA)

Manual Handling​

  • No specific weight limits in WHS Regulation
  • Risk management approach required

Penalties (as of 2024)​

WHS Act Offenses​

Category 1 (Reckless conduct, risk of death/serious injury):

  • Individual: Up to $600,000 and/or 5 years imprisonment
  • Body corporate: Up to $3,000,000

Category 2 (Failure to comply with duty, exposure to risk):

  • Individual: Up to $300,000
  • Body corporate: Up to $1,500,000

Category 3 (Failure to comply with duty):

  • Individual: Up to $100,000
  • Body corporate: Up to $500,000

Note: Penalties are maximum amounts. Courts determine actual penalties based on circumstances.

Compliance Tools​

Approved Codes of Practice (Referenced in this Framework)​

All available from: safework.nsw.gov.au

General:

  • How to manage work health and safety risks
  • Work health and safety consultation, cooperation and coordination
  • First aid in the workplace
  • Managing the work environment and facilities

Construction:

  • Construction work
  • Managing the risk of falls at workplaces
  • Demolition work
  • Excavation work
  • Confined spaces
  • Safe design of structures

Hazards:

  • Managing risks of hazardous chemicals in the workplace
  • Preparation of safety data sheets for hazardous chemicals
  • Labelling of workplace hazardous chemicals
  • Managing risks of respirable crystalline silica at workplaces
  • Managing noise and preventing hearing loss at work
  • Hazardous manual tasks
  • Managing risks of plant in the workplace
  • Managing electrical risks in the workplace
  • Managing and control of asbestos in workplaces
  • How to safely remove asbestos

Regulator Contact​

SafeWork NSW:

Incident Notification: 13 10 50 (24 hours) or online

Advice Line: 13 10 50 (weekdays 8:30am-5pm)

Inspections/Complaints: Online portal or 13 10 50

How to Use This Reference​

Finding Specific Requirements:

  1. Identify duty holder: PCBU, Officer, Worker, Designer/Manufacturer?

    • See relevant duty section in WHS Act

  2. Identify hazard/work type: Falls? Confined space? Demolition?

    • See specific regulation part (e.g., Part 6.2 Construction, Part 4.1 Hazardous Chemicals)

  3. Check if high-risk work: Does it require SWMS?

    • See WHS Reg 291 (list of high-risk construction work)

  4. Check thresholds: Project value? Asbestos quantity? Noise level?

    • See regulatory thresholds section above

  5. Find practical guidance: How to comply?

    • See approved Code of Practice for specific topic

  6. Consult framework pages: Detailed guidance on implementing requirements

Updates and Changes​

Check for updates:

  • Legislation: legislation.nsw.gov.au
  • SafeWork NSW: safework.nsw.gov.au
  • Subscribe to SafeWork NSW email alerts

This framework current as of: January 2025