Updated September 2026
Introduction
Every business in Australia has a legal duty to manage work health and safety. Yet the same misconceptions come up in conversations with business owner’s week after week, and they are often the reason a business is exposed when something goes wrong or a regulator comes knocking.
Those duties sit under the Work Health and Safety (WHS) Act in each state and territory, or the Occupational Health and Safety (OHS) Act 2004 in Victoria, supported by regulations and approved codes of practice. The framework has moved significantly in the last few years. Psychosocial hazard regulations now apply in every jurisdiction, industrial manslaughter is an offence in every state and territory, and most jurisdictions now prohibit insurance cover for WHS fines.
Where relevant, each myth includes a reference to the Work Health and Safety Act 2011 (WHS Act) and the WHS Regulations. Section numbers follow the model WHS Act 2011 as adopted in NSW. Equivalent provisions apply in the other harmonised jurisdictions and WA’s WHS Act 2020, and in Victoria under the OHS Act 2004, although section numbers may differ.
In this article, we work through 30 of the most common myths, grouped into four areas, and set out the reality behind each one.
Part 1: Who Is Responsible
Myth 1: “We are a small, low risk business, so WHS does not really apply to us.”
Reality: Every business has hazards, and the duty applies to every business, whatever its size or industry, including sole traders and partnerships.
Every person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of its workers and anyone else affected by its work. What is “reasonably practicable” takes into account your circumstances, so a five-person office will not need the same system as a 500-person manufacturing site. The duty itself is identical, and so are the maximum penalties. Being smaller or lower risk changes the controls you need. It does not change whether the duty applies.
Even offices and other “low risk” environments carry real hazards:
Physical
- Ergonomic and manual handling strain
- Slips, trips and falls
- Electrical equipment and leads
- Fire and emergency preparedness
Psychosocial
- Bullying, harassment, sexual harassment and discrimination
- High job demands and unrealistic deadlines
- Low job control and poor support
- Remote or isolated work
A regulator investigating an incident will not ask how many staff you have before asking what you did to manage the risk.
Legal reference: WHS Act 2011: s5 (meaning of PCBU), s18 (reasonably practicable), s19 (primary duty of care).
Myth 2: “If something goes wrong, the company gets fined, not me personally.”
Reality: Directors and other officers carry a personal duty of due diligence and can be prosecuted and fined personally.
An “officer” is anyone who makes, or participates in making, decisions that affect the whole or a substantial part of the business. That includes directors and senior executives and, in most SMEs, the owner or managing director. Officers must exercise due diligence to ensure the business complies with its duties. In practice, that means taking reasonable steps to:
An “officer” is anyone who makes, or participates in making, decisions that affect the whole or a substantial part of
the business. That includes directors and senior executives and, in most SMEs, the owner or managing director.
Officers must exercise due diligence to ensure the business complies with its duties. In practice, that means taking
reasonable steps to:
- Acquire and keep up to date knowledge of WHS matters
- Understand the nature of the operations and the hazards and risks involved
- Ensure the business has appropriate resources and processes to eliminate or minimise those risks
- Ensure the business has processes to receive and respond promptly to information about incidents, hazards
and risks - Ensure the business has, and implements, processes for complying with its legal duties
- Verify that these resources and processes are provided and used
Officers can be prosecuted whether or not the business itself is convicted. Under the model WHS laws, the maximum penalty for an officer for the most serious (Category 1) offence now exceeds $2.3 million, plus imprisonment. As of 30 September 2026, in all states and territories except the Northern Territory and Tasmania, it is unlawful to insure against or be indemnified for a WHS fine, so the penalty comes out of your own pocket.
Legal reference: WHS Act 2011: s4 (definition of officer), s27 (duty of officers), s27(5) (due diligence), s31 (Category 1 offence), s272A (prohibition on insurance and indemnity, where adopted).
Myth 3: “Industrial manslaughter laws are only for big companies and construction sites.”
Reality: Industrial manslaughter is now an offence in every Australian state and territory, and it applies to
businesses of every size.
Tasmania became the final jurisdiction to legislate in September 2024. The offence applies where a business or
officer breaches a WHS duty and that conduct causes a death, with the required level of fault (such as negligence or gross negligence) varying between jurisdictions.
Maximum penalties now reach up to 25 years’ imprisonment for individuals in some jurisdictions, and fines of more
than $20 million for bodies corporate. A small business owner who is also the director is exposed in exactly the same way as a large corporate board.
Legal reference: WHS Act 2011 (NSW): Part 2A, s34C (industrial manslaughter). Each jurisdiction has its own equivalent offence and
penalties.
Myth 4: “We have a safety officer (or an external consultant), so WHS is their responsibility.”
Reality: Your duty cannot be transferred or delegated to anyone else.
The WHS Act is explicit that a duty cannot be transferred to another person. A safety officer, a WHS consultant or an external provider can assist you towards compliance, but the business and its officers remain accountable for the outcome.
Everyone in the workplace does have a role. Workers must take reasonable care for their own health and safety and that of others, follow reasonable instructions, and cooperate with reasonable policies. Those worker duties sit
alongside yours, not in place of them.
Legal reference: WHS Act 2011: s14 (duties not transferrable), s28 (duties of workers).
Myth 5: “That is someone else’s responsibility. It is the landlord’s building, the client’s site or the
principal contractor’s job.”
Reality: Where more than one business has a duty for the same matter, each one holds the full duty, and they
must consult, cooperate and coordinate with each other.
Shared duties are common. A labour hire provider and the host business. A tenant and the building owner. A supplier delivering to a customer’s premises. A subcontractor working under a principal contractor. Staff who work at client premises or in clients’ homes.
Each duty holder must meet its duty to the extent it has the capacity to influence and control the matter, and must consult, cooperate and coordinate with every other duty holder, so far as is reasonably practicable. “We assumed they had it covered” is not a defence. Document those conversations: who controls what, which controls are in place, and how issues will be raised and resolved.
Legal reference: WHS Act 2011: s16 (more than one person can have a duty), s20 (management or control of workplaces), s46 (duty to
consult with other duty holders).
Myth 6: “Our contractors have their own insurance and ABN, so their safety is their problem.”
Reality: Anyone who carries out work for your business, in any capacity, is a “worker” under WHS laws, and your
duty extends to everyone else affected by your work.
Under section 7 of the WHS Act, a worker is not just an employee. It includes anyone who carries out work in any
capacity for your business, such as:
- Employees, whether full-time, part-time or casual
- Contractors and subcontractors
- Employees of your contractors and subcontractors
- Labour hire workers placed with your business, where you share the duty with the labour hire provider
- Outworkers
- Apprentices and trainees
- Work experience students
- Volunteers
If you are a sole trader or partner who carries out the work yourself, you are a worker too.
Outsourcing the work does not outsource the duty. You still need to check licences, insurances, competency and safe work documentation, include contractors in your inductions, and monitor that the work is being done safely. Keep records of every check, because if a contractor is injured on your premises or while doing your work, you will need to show what you did.
Your duty also goes beyond workers. You must ensure, so far as is reasonably practicable, that the health and safety of other people is not put at risk by your work. That includes customers and clients, visitors, friends and family members, tradespeople and service technicians working on site, delivery drivers and members of the public. Visitors have their own duty to take reasonable care and follow reasonable instructions, such as signing in and following site rules, but that does not reduce yours.
Legal reference: WHS Act 2011: s7 (meaning of worker), s19(1) (duty to workers), s19(2) (duty to other persons), s29 (duties of other
persons at the workplace).
Myth 7: “Volunteers are not covered under WHS laws.”
Reality: Volunteers who carry out work for a business or undertaking are “workers” and are owed the same duty
of care as paid staff.
That means the same risk management, induction, training and supervision.
A volunteer association is only outside the WHS Act while it has no employees at all. The moment it employs even one paid person to carry out work for it, such as a part-time coordinator or administrator, it becomes a PCBU and owes the primary duty of care to every worker, paid or unpaid. Many associations and community organisations operate in exactly this way without realising the law applies to them in full.
Volunteer officers, such as unpaid board or committee members, cannot be prosecuted for failing their officer due diligence duty, although they still hold duties as workers, and the organisation itself remains fully liable. In Victoria, volunteers are protected through the employer’s duty to persons other than employees.
Legal reference: WHS Act 2011: s5(7) and s5(8) (volunteer associations), s7 (meaning of worker), s34 (exception for volunteers).
Part 2: Systems, Documents and Proof
Myth 8: “We have a safety manual on file, so we are compliant.”
Reality: Having documents and operating a system are two different things. Compliance sits on a spectrum, and
regulators assess what actually happens in the workplace.
Documentation alone does not make a business any safer unless it is put into practice, and regulators know that.
Inspectors will ask to see your documents, but they will not stop there. They will ask you to show how your safety
management system actually works: as an ongoing, living and breathing management system that your workers
know and use.
Most businesses sit at one of four levels:
- Level 1: Non-compliance. No documented system. Safety is managed informally, and incidents are dealt with after they happen.
- Level 2: Paper compliance. Policies and procedures exist, often generic or downloaded, but they are not tailored to the business, workers have not been trained on them, and nobody can show they are followed.
- Level 3: Operational compliance. The system is tailored to the actual risks, workers are inducted, trained and consulted, controls are in use, and records prove it.
- Level 4: Defensible compliance. The system is reviewed and audited regularly, officers verify it is working,and the business acts on early warning signs such as hazard reports and near misses before harm occurs. If something does go wrong, the business can show it did what was reasonably practicable.
Level 2 is a dangerous place to be. It creates false confidence, and after an incident it can show that the business
knew what should have been done and did not do it. Level 3 should be the minimum target, with Level 4 the
standard that best protects the business and its officers.
Legal reference: WHS Act 2011: s19 (primary duty of care), s27(5) (officer due diligence, including verification), s171 (power to require production of documents and answers to questions).
Myth 9: “We work safely on the job, so we do not need the paperwork.”
Reality: If it is not documented, you cannot prove it happened.
“We all know what we are doing” is not evidence. After an incident, an inspector will ask to see what you had in
place, and your records are how you show you did what was reasonably practicable. Typical records include:
- WHS policies, a safety manual and a worker handbook
- Hazard registers and risk assessments
- Safe work procedures, SWMS and job safety analyses (JSAs)
- Induction, training and competency records
- Consultation records, such as toolbox talk and safety meeting minutes
- Safety data sheets and a hazardous chemicals register, where chemicals are used or stored
- Inspection, maintenance and incident records
Legal reference: WHS Act 2011: s17 (management of risks), s19 (primary duty of care).
Myth 10: “We make the safety decisions. We do not need to consult our workers.”
Reality: Consulting workers on health and safety is a legal duty, not a courtesy.
You must consult, so far as is reasonably practicable, with workers who are, or are likely to be, directly affected by a health and safety matter. That includes when identifying hazards and assessing risks, deciding on control measures, deciding on welfare facilities, and proposing changes that may affect health and safety.
Consultation means sharing information, giving workers a reasonable opportunity to express their views, and taking those views into account. Toolbox talks, safety meetings, health and safety representatives and committees are all practical ways to do it. Record them. Workers often see hazards well before management does.
Legal reference: WHS Act 2011: s47 (duty to consult workers), s48 (nature of consultation), s49 (when consultation is required).
Myth 11: “A quick induction and some on-the-job training is all our people need.”
Reality: Induction and training are an ongoing legal duty in every workplace, not a day-one formality, and common sense is not a legal standard.
The duty includes providing the information, training, instruction and supervision workers need to do their work
safely, in every industry, not just construction. The general construction induction (the “White Card”) is a separate
requirement for construction work, but every workplace still needs its own site-specific induction. At a minimum,
cover:
- Emergency procedures, exits and assembly points
- First aid arrangements and first aid officers
- Key hazards and controls for the site and the role
- How to report hazards, incidents and concerns
- Key policies, including bullying, harassment, sexual harassment and discrimination
Record every induction and have the worker sign off on it.
On-the-job training is valid, but it needs to be structured, matched to the specific tasks and hazards, and
documented: who was trained, on what, when and by whom. What is obvious to a 20-year veteran is not obvious to a new starter, a casual on their second shift, or a worker who has come from a different industry.
In our experience, many businesses run a strong induction on day one, then assume their WHS obligations to that worker end there. They do not. An induction is the starting point, not the finish line. The duty to provide information, training, instruction and supervision continues for as long as the person works for you, through refresher training, toolbox talks, ongoing supervision, and re-induction when their role, equipment, procedures or site change, or when they return from an extended absence.
Legal reference: WHS Act 2011: s19(3)(f) (information, training, instruction and supervision). WHS Regulations: r39 (information, training and instruction), r317 (general construction induction training).
Myth 12: “We know our risks, so we do not need to do risk assessments.”
Reality: Risk management is the foundation of the entire WHS framework, and a documented assessment is how you prove you have done it.
T
he process is set out in the regulations:
Step 1: Identify the hazards, both physical and psychosocial.
Step 2: Assess the risks, considering how likely harm is and how serious it could be.
Step 3: Control the risks using the hierarchy of control: eliminate first, then minimise through substitution,
isolation and engineering controls, then administrative controls, and PPE last.
Step 4: Review the controls to confirm they work, and review again after any incident, change or worker
concern.
For some activities, a written record is expressly required, such as a SWMS for high-risk construction work. For
everything else, a documented assessment is the most practical evidence that you have met your duty.
Legal reference: WHS Act 2011: s17 (management of risks). WHS Regulations: Part 3.1, r32 to r38 (managing risks to health and safety).
Myth 13: “Codes of practice are just guidelines. We do not have to follow them.”
Reality: In NSW and Queensland, following the applicable code of practice, or doing better, is now a legal duty. Everywhere else, codes are admissible in court as evidence of the standard expected.
Until recently, codes of practice were advisory in most states and territories. If something went wrong, the regulator had to prove the business failed to meet its duty. The code was evidence of the standard expected, but not the duty itself.
Queensland changed that in 2018, and NSW followed from 1 July 2026. Under a new section 26A of the NSW WHS Act, a business must either comply with the applicable approved code of practice or manage the risk in a different way that achieves an equivalent or higher standard of health and safety. The code is now the benchmark. If your system does not match it, you need to be able to show how your approach meets or exceeds it. Failing to do either is a breach in its own right, even if no one has been hurt, and officers’ due diligence extends to ensuring the business complies. Silence or inaction is not a defence.
In the other jurisdictions, codes remain admissible in court as evidence of what is known about a hazard and how to control it, and inspectors can refer to them when issuing improvement or prohibition notices. Either way, if you have not followed the relevant code and cannot show a better alternative, you are in a very difficult position. The same logic applies to industry and Australian Standards: they are useful benchmarks, but they do not replace the broader duties in the Act.
Recent changes worth knowing about include:
- Psychosocial hazards: regulations now apply in every jurisdiction, with Victoria’s Psychological Health
Regulations and Compliance Code commencing on 1 December 2025. - Sexual and gender-based harassment: a model Code of Practice was published in December 2023.
- Biological hazards: a new model Code of Practice was published in March 2026 and adopted in NSW from 10 July 2026.
- Workplace exposure limits: Workplace Exposure Standards for airborne contaminants transition to Workplace Exposure Limits on 1 December 2026.
- Digital work systems (NSW): legislation passed in February 2026 creates a duty to manage risks fromb algorithms, AI and automated work allocation and monitoring. The main provisions commence after SafeWork NSW publishes supporting guidelines.
Model codes only take legal effect once your state or territory approves them, so check with your regulator which
codes apply to you.
Legal reference: WHS Act 2011: s26A (duty to comply with approved codes of practice: NSW from 1 July 2026, Queensland from 1 July 2018), s274 (approved codes of practice), s275 (use of codes of practice in proceedings).
Myth 14: “We are accredited and audited by our industry regulator, so our WHS is covered.”
Reality: Industry accreditation and WHS law are parallel systems. Meeting one does not satisfy the other.
Many industries have their own safety regulator or accreditation scheme, such as the National Heavy Vehicle
Regulator for road transport, CASA for aviation, AMSA for maritime and the Office of the National Rail Safety
Regulator for rail. Sectors such as the NDIS and aged care have their own quality and safeguards regulators.
These schemes govern a specific risk: the vehicle on the road, the aircraft in the air, or the quality of care delivered to a client. The WHS Act governs the relationship between a business and its workers, whatever the industry. A transport operator can pass a Chain of Responsibility audit under the Heavy Vehicle National Law and still be exposed for a manual handling injury in its yard, or psychological harm caused by rostering.
The same applies to voluntary certifications. Certification to a standard such as ISO 45001 shows your system has
been audited against that standard. It is not a legal finding that you have met your WHS duties. Evidence from one system can support the other, but the two must be managed together, not assumed to be the same thing.
In a small number of sectors, such as offshore petroleum facilities and Queensland mining, dedicated safety
legislation applies in place of the general WHS Act, so confirm which framework applies to your operations.
Legal reference: WHS Act 2011: s19 (primary duty of care). Heavy Vehicle National Law: s26C (primary duty, Chain of Responsibility).
Myth 15: “Our workers hold all the right licences, so we are covered.”
Reality: A licence shows a person is permitted to operate the equipment. It does not show that the task, the plant or the conditions on the day are safe.
You still need site-specific training and competency checks, maintained and inspected plant and equipment, risk
assessments and safe work procedures, appropriate PPE, supervision, and records of all of it.
For example, a licensed forklift operator who arrives affected by alcohol or drugs, or who is fatigued after a double shift, should not be operating plant. Allowing it would be a clear failure of your duty, licence or not.
Legal reference: WHS Act 2011: s19(3) (safe plant, systems of work, training and supervision), s44 (prescribed qualifications or experience).
Myth 16: “Our staff have a driver’s licence, so driving for work is covered.”
Reality: A vehicle used for work is a workplace, and driving is often the highest-risk task a worker performs.
Vehicle incidents are the leading cause of work-related deaths in Australia. According to Safe Work Australia, they
accounted for 42% of the 188 worker fatalities in 2024. That risk is not limited to transport drivers. It includes sales staff, technicians, service and delivery workers, and anyone travelling between sites or visiting clients, whether in a company vehicle or their own car.
A driver’s licence shows a person is legally permitted to drive. It does not show that the vehicle is safe, the schedule is realistic or the driver is fit for the journey. Work driving needs to be assessed and managed like any other hazard,
including:
- Vehicle selection, servicing and roadworthiness
- Journey planning, realistic schedules and rest breaks to manage fatigue
- Regular licence checks and driver fitness for work, including drugs and alcohol
- Rules on mobile phone use and other distractions
- Load restraint and securing equipment in the vehicle
- Breakdown, incident and emergency procedures, particularly for workers travelling alone or in remote areas
Where heavy vehicles are involved, Chain of Responsibility obligations under the Heavy Vehicle National Law apply as well, not instead.
Legal reference: WHS Act 2011: s8(2) (a vehicle is a workplace), s19 (primary duty of care). Heavy Vehicle National Law: s26C (primary duty, Chain of Responsibility).
Myth 17: “They are just everyday cleaning products, so chemicals are not a WHS issue.”
Reality: Many everyday products are classified as hazardous chemicals, and the rules apply whether you use industrial chemicals or a cupboard of cleaning products.
Hazardous chemicals are found in almost every workplace, from cleaning and laundry products to degreasers, fuels,adhesives and pool chemicals. Where products are classified as hazardous, the business must, among other things:
- Obtain the current safety data sheet (SDS) for each product and make it readily accessible to workers
- Keep a register of the hazardous chemicals used, handled or stored at the workplace
- Ensure every container is correctly labelled, including when a product is decanted into a smaller container
- Manage the risks of storage, handling, spills and incompatible chemicals being stored together
- Provide training, appropriate PPE, and first aid and emergency arrangements for exposure
Some requirements do not apply to consumer products used in household quantities and in the way a household
would use them. A business using products in bulk, or as part of its day-to-day operations, is rarely using them the way a household would. From 1 December 2026, airborne contaminants will also be measured against the new Workplace Exposure Limits.
Legal reference: WHS Regulations: Chapter 7, including r341 (labelling), r344 (safety data sheets), r346 (hazardous chemicals register) and r351 (managing risks).
Myth 18: “We provide PPE, so we are compliant.”
Reality: PPE is the last line of defence in the hierarchy of control, not the first.
The regulations require you to eliminate risks first. Only where that is not reasonably practicable do you minimise
them, through substitution, isolation and engineering controls, then administrative controls, and only then PPE.
PPE relies on correct selection, fit, use and maintenance by every worker, every time. It does not remove the hazard, and it can introduce new risks such as heat stress, discomfort or reduced visibility. Where PPE is required, you must provide it, train workers in its use, and maintain it.
Legal reference: WHS Regulations: r36 (hierarchy of control measures), r44 to r47 (personal protective equipment).
Myth 19: “Once our WHS system is set up, we do not need to review it.”
Reality: A WHS system is only as good as its last review.
Control measures must be reviewed, and revised where needed, when a control is not working, before a change that may create a new risk, when a new hazard is identified, when consultation shows a review is needed, and when a health and safety representative requests one.
The law also moves. The last few years alone have brought psychosocial regulations nationally, industrial
manslaughter in every jurisdiction, new codes of practice, the transition to Workplace Exposure Limits and, in NSW, enforceable codes of practice and a new digital work systems duty. A system built a few years ago and never updated is likely already out of date.
Safety management is an ongoing legal obligation. It is something you do, not something you did.
Legal reference: WHS Regulations: r38 (review of control measures).
Part 3: Psychosocial Safety and People
Myth 20: “WHS is only about physical safety.”
Reality: Psychological health is part of WHS, and managing psychosocial hazards is now an explicit regulatory requirement in every Australian jurisdiction.
Psychosocial hazards must be identified and controlled with the same rigour as physical hazards, using the same risk management process. The cost of getting it wrong is significant. According to Safe Work Australia’s Key Work Health and Safety StatisticsAustralia 2025, workers with a mental health condition claim spend almost five times longer off work than those with other serious claims, and the median compensation paid is around four times higher. Yet in our experience,businesses generally manage their physical hazards better than their psychosocial hazards.The model Code of Practice: Managing psychosocial hazards at work identifies a range of common psychosocial hazards, including:
How work is designed
- High job demands, including excessive workloads and unrealistic deadlines
- Low job demands, such as long periods of monotonous or repetitive work
- Low job control over how and when work is done
- Lack of role clarity
- Fatigue from long hours, shift work or inadequate breaks
- Remote or isolated work
How work is managed
- Poor support from supervisors or colleagues
- Poorly managed organisational change and job insecurity
- Inadequate reward and recognition
- Poor organisational justice, such as inconsistent or unfair decisions
Workplace behaviour
- Bullying, harassment, sexual harassment and discrimination
- Aggression and violence, including from customers and clients
- Conflict or poor workplace relationships
Work environment
- Exposure to traumatic events or material
- Poor physical working conditions, such as excessive noise, heat or cramped workspaces
Legal reference: WHS Act 2011: s4 (health includes psychological health), s19. WHS Regulations: r55A to r55D (psychosocial risks).
Model Code of Practice: Managing psychosocial hazards at work.
Myth 21: “We have an Employee Assistance Program (EAP), so psychosocial risk is managed.”
Reality: An EAP supports workers after harm has occurred. It does not control the hazard at the source.
The regulations require you to eliminate or minimise psychosocial risks by addressing their causes: workloads,
rostering, role clarity, support, how conflict and behaviour are managed, and how change is implemented. An EAP is a valuable support and should be part of the mix, but on its own it does not meet the duty. If staff are burning out because of chronic understaffing, counselling sessions do not fix the roster.
Legal reference: WHS Regulations: r55A to r55D (psychosocial risks), r36 (hierarchy of control measures).
Myth 22: “Sexual harassment is an HR matter, not a WHS issue.”
Reality: It is both, and the obligations are now preventative, not just reactive.
Sexual harassment is a psychosocial hazard under WHS laws, and a model Code of Practice on sexual and gender-based harassment was published in December 2023. Separately, the Sex Discrimination Act 1984 places a positive duty on employers to take reasonable and proportionate measures to eliminate sexual harassment, sex
discrimination and related unlawful conduct, as far as possible. The Australian Human Rights Commission has had
power to enforce that duty since December 2023.
Responding to complaints is no longer enough. You must be able to show what you are doing to prevent harassment in the first place.
Legal reference: WHS Act 2011: s19. WHS Regulations: r55A to r55D. Sex Discrimination Act 1984 (Cth): s47C (positive duty).
Myth 23: “Working from home is not our responsibility.”
Reality: If your people work from home, their home is a workplace, and your duty goes with them.
You must manage the risks of the home-work environment so far as is reasonably practicable, even though you have less direct control. That includes workstation set-up and ergonomics, electrical safety, isolation and communication, working hours and fatigue, and the risk of family and domestic violence.
An ergonomic assessment of each home workstation is one of the most practical controls available. Body stressing, which covers muscular strain from sustained posture and repetitive movement, is the most common cause of serious workers compensation claims in Australia, accounting for more than one-third of them in Safe Work Australia’s 2023‑24 data. A kitchen table, a laptop screen at the wrong height and an unsupportive chair can cause genuine injury over time. The assessment should cover seating, desk and screen height, keyboard and mouse position, lighting and the surrounding work area. It should be documented and repeated whenever the worker moves or their set-up changes.
Together with a clear working from home policy, regular check-ins and a simple way to report incidents and concerns, it forms the practical starting point for managing remote work safely.
Legal reference: WHS Act 2011: s8 (meaning of workplace), s19 (primary duty of care).
Myth 24: “If an accident happens, it is the worker’s fault.”
Reality: Worker error is rarely the root cause, and it never cancels the business’s duty.
Workers do have duties to take reasonable care and follow reasonable instructions. But incidents almost always
involve system factors: inadequate training, poor supervision, faulty equipment, time pressure or unsafe systems of work. A regulator will ask what you did to anticipate and prevent the error.
Investigate incidents to find the system failure, fix it, and document the outcome. Where a worker has genuinely
breached a clear procedure, they were trained in, address it through a fair and consistent disciplinary process, and record it.
Legal reference: WHS Act 2011: s19 (primary duty of care), s28 (duties of workers).
Myth 25: “We are a small team, so we do not need a health and safety representative.”
Reality: Workers can ask for a health and safety representative (HSR) to be elected at any time, whatever the size of the team, and the business must facilitate the election.
Once elected, an HSR is entitled to attend approved training and to paid time to carry out the role. A trained HSR can issue a provisional improvement notice and, in certain circumstances, direct that unsafe work stop. If an HSR, or five or more workers, request a health and safety committee, the business must establish one within two months.
Engaging constructively with this process is far better than being caught out by it.
Legal reference: WHS Act 2011: s50 (request for election of HSR), s70 (obligations to HSRs), s72 (HSR training), s75 (health and safety committees), s85 (direction to cease unsafe work), s90 (provisional improvement notices).
Part 4: Incidents, Insurance and Cost
Myth 26: “No one has been hurt yet, so our workplace must be safe.”
Reality: The absence of incidents is not evidence of safety or compliance.
Many hazards take years to cause harm, such as noise, dust, chemicals and prolonged psychological strain. Many
incidents go unreported, and near misses are often not recorded at all. WHS laws are preventative: a business can be prosecuted for exposing someone to a risk, even if nobody is injured. Waiting for an incident is not a strategy.
Legal reference: WHS Act 2011: s32 and s33 (Category 2 and Category 3 offences).
Myth 27: “Minor incidents are not a big deal.”
Reality: Minor incidents and near misses are early warnings, and some incidents must be reported to the regulator immediately.
A minor cut can become infected. A near miss today is often tomorrow’s serious injury. Record and investigate them all. Certain incidents are “notifiable” and must be reported to your WHS regulator immediately after you become aware of them:
- The death of a person
- A serious injury or illness, such as one requiring immediate treatment as a hospital in-patient, an amputation, or a serious head, eye, spinal or burn injury
- A dangerous incident, even if no one is hurt, such as an uncontrolled fire, explosion or chemical release, electric shock, a collapse, or an object falling from height
The site must be preserved until an inspector arrives or directs otherwise, except to assist an injured person or make the area safe, and records must be kept for at least five years. Failing to notify is itself an offence.
Legal reference: WHS Act 2011: s35 to s37 (notifiable incidents), s38 (duty to notify, including record keeping), s39 (duty to preserve incident sites).
Myth 28: “We have a first aid kit, so we are prepared for an emergency.”
Reality: A first aid kit is only a start. Every workplace must have adequate first aid arrangements and a written emergency plan that workers know and have practised.
Workers must have access to first aid equipment and facilities, and to an adequate number of people trained to
administer first aid. What is adequate depends on the nature of the work, the hazards, the size and location of the workplace and the number of workers, and it needs to cover every shift and every site, not just business hours at head office.
Every workplace must also have an emergency plan, prepared, maintained and put into practice. It must set out how the business will respond to an emergency, including evacuation, notifying emergency services, medical treatment and assistance, and communication between everyone coordinating the response. The procedures must be tested, and workers must be trained in them.
In our experience, many businesses have the kit, but no written plan, no evacuation drills, and no trained first aider rostered on every shift. Check kits are stocked, first aid certificates are current, and your plan reflects the workplace as it runs today.
Legal reference: WHS Regulations: r42 (first aid), r43 (emergency plans).
Myth 29: “We have workers compensation and public liability insurance, so we are covered.”
Reality: Insurance pays for some of the consequences of an incident. It does not meet your WHS duties, and it cannot pay your WHS fines.
Workers’ compensation is compulsory insurance for employers. It covers an injured worker’s medical and
rehabilitation costs and weekly payments while they are unfit for work, and every claim puts upward pressure on
your premiums. Public liability insurance may respond to a civil claim from an injured visitor or customer, such as
medical costs and lost income after a slip on your premises.
Neither responds to a regulator’s investigation or prosecution. Your WHS duty extends to everyone at or affected by your work, including workers, visitors, customers, delivery drivers, tradespeople, clients in their own homes and members of the public. In all states and territories except the Northern Territory and Tasmania, it is unlawful to insure against or be indemnified for a WHS fine. Legal defence costs may still be insurable, but the fine is paid by the business or individual.
Insurance manages the financial fallout after something goes wrong. Only a working safety management system
reduces the chance of it happening in the first place.
Legal reference: WHS Act 2011: s19 (primary duty of care), s19(2) (duty to other persons), s20 (management or control of workplaces), s272A (prohibition on insurance and indemnity, where adopted).
Myth 30: “WHS is too expensive and time-consuming for a business our size.”
Reality: The cost of a proportionate system is small compared with the cost of getting it wrong.
The cost of an incident includes fines, legal fees, higher workers compensation premiums, lost productivity, replacing and retraining staff, and reputational damage. A well-run system reduces absenteeism and turnover, lifts morale and productivity, and can decide whether you win tenders and contracts with larger organisations, which often ask to see your safety management system before engaging you.
Getting there does not mean reinventing the wheel. Most businesses are already doing much of what is needed, just informally and without a record. A safety management system builds WHS into the way the business already runs: your inductions, rosters, team meetings, maintenance and supervision. Safety becomes part of the everyday
workflow, not a separate layer of paperwork.
Cost is relevant, but only up to a point. Under the WHS Act, cost can only justify not implementing a control if it is grossly disproportionate to the risk. The obligation is scaled to your business, and the investment can be too. The businesses that pay the most for WHS are almost always the ones that took a reactive approach.
Legal reference: WHS Act 2011: s18 (reasonably practicable, including cost).
Where to Find the Legislation
The legal references in this article use the section numbers of the WHS Act 2011. The Act that applies to your
business depends on where you operate. Each is available free from the official government legislation website,
together with its supporting Regulations. Click on the name of the Act to open it.
Jurisdiction Legislation
New South Wales Work Health and Safety Act 2011
Victoria Occupational Health and Safety Act 2004
Queensland Work Health and Safety Act 2011
Western Australia Work Health and Safety Act 2020
South Australia Work Health and Safety Act 2012
Tasmania Work Health and Safety Act 2012
Australian Capital Territory Work Health and Safety Act 2011
Northern Territory Work Health and Safety (National Uniform Legislation) Act 2011
Commonwealth (Comcare) Work Health and Safety Act 2011 (Cth)
National model laws Model WHS Act, Regulations and Codes of Practice (Safe Work Australia)
Conclusion
Most of these myths share a common thread: they treat WHS as paperwork, insurance or someone else’s job. The
law treats it as an active, ongoing duty that sits with the business and, personally, with its officers.
The bar has lifted significantly in recent years. Psychosocial regulations apply nationally, industrial manslaughter is an offence in every jurisdiction, new codes of practice continue to arrive, and in most states and territories WHS fines can no longer be insured. The businesses best protected are those operating at Level 3 or 4: a tailored system that is used, reviewed and verified.
A useful test: if an inspector walked in tomorrow, could you show what you have in place, that your workers know
about it, and that it is being followed?
If you would like to discuss where your business currently sits, or how Peninsula can assist towards compliance with your Fair Work and WHS obligations, please contact me directly.
We can help your business too.
Kind regards
Brett Winduss
Business Development Manager
p: 0418 935 057
e: brett.winduss@peninsulagrouplimited.com
w: peninsulagrouplimited.com.au
a: Level 6, 180 Thomas Street, Sydney 2000
Peninsula advises, supports and protects over 30,000 businesses across Australia & NZ with their Workplace
Relations and Work Health & Safety obligations.
Disclaimer: The information provided in this newsletter is for general informational purposes only and does not constitute legal,financial, or professional advice.
While every effort has been made to ensure the accuracy and relevance of the information, Peninsula accepts no responsibility for any errors, omissions, or reliance placed on this information.
This article reflects legislation and guidance current as of 30 September 2026. WHS laws differ between states and territories, so check the requirements that apply in your jurisdiction.