WHS Regulation 2025 Now in Force

September 10, 2025 · IR & Employee Matters

The Work Health and Safety Regulation 2025 (WHS Regulation 2025) has officially commenced. CCF NSW thanks all members who contributed during the consultation phase.

While the WHS Regulation 2025 largely continues the 2017 Regulation, several key amendments are now in effect that civil contractors should be aware of.

Key Updates

1. Editorial and Terminology Changes

  • Updates to grammar, language, and formatting align the regulation with the NSW Parliamentary Counsel’s Office (PCO) drafting standard.
  • Provisions are now called sections rather than clauses to improve clarity and consistency.

2. NSW-Specific Requirements

  • Some provisions now include jurisdictional notes reflecting local requirements.
  • Example: workplaces storing 25,000 kg or more of lithium batteries must lodge a copy of their emergency plan with Fire and Rescue NSW.

3. Psychosocial Risks

  • The regulation strengthens requirements for managing psychosocial hazards, requiring PCBUs to apply the hierarchy of controls and treat mental health risks with the same priority as physical hazards.

4. Compliance and Enforcement

  • New penalty notice offences are included in Schedule 18A, enabling SafeWork NSW to issue on-the-spot fines for certain breaches.

5. Training Authorisations

  • SafeWork NSW can now authorise training providers and courses and charge applicable fees, ensuring training is consistent with WHS requirements.

6. Silica Worker Register

  • The regulation introduces the silica worker register, which comes into effect on 1 October 2025.
  • PCBUs must report details of workers performing high-risk crystalline silica processing to SafeWork NSW.
  • See SafeWork NSW guidance for full reporting obligations and compliance requirements.

Action Required:

  1. Review internal WHS systems to ensure alignment with the updated terminology and requirements.
  2. Update emergency plans and reporting procedures where NSW-specific provisions apply.
  3. Implement controls and consultation processes to manage psychosocial risks effectively.
  4. Ensure training providers are authorised and record training compliance for your workforce.
  5. Prepare for the silica worker register by identifying high-risk CSS activities and setting up reporting processes ahead of October 2025.

Ensure your Safety System is up to date, consider a CCF NSW Safety System Audit, for more information please call CCF NSW on 9009 4000.