Work Health and Safety Regulation 2025 (NSW) – key changes

Psychosocial hazards

PCBUs must manage psychosocial risks using the hierarchy of controls, not just policies or EAPs. Higher order controls (those that don't require people to be effective) are now required, aligning with other jurisdictions.

Policies and procedures and EAP are not sufficient. 

• Conduct a gap analysis of current WHS management systems.

• Implement higher order controls such as improved work design, safety in design features (particularly important for front line staff), exposure limits to traumatic content (frequency and time), supervision, and cultural measures.

• Ensure risk assessments are updated and controls are documented.

• With increased Regulator focus now is the time to audit effectiveness of psychosocial controls.

Silica Worker Register

PCBUs involved in high-risk crystalline silica processing must register workers on a new SafeWork NSW online register within 28 days.

Non-compliance is a penalty notice offence and may impact negligence claims. 

• Identify high-risk silica processes. 

• Develop protocols for timely worker registration and health monitoring.

• With increased Regulator focus now is the time to audit dust mitigation measures. 

Lithium-ion batteries

Workplaces storing, handling, or installing 25+ tonnes of lithium-ion batteries must lodge emergency plans with Fire and Rescue NSW, including battery-fire scenarios. 

• Audit lithium-ion battery inventory. 

• Prepare or update emergency plans and submit to Fire and Rescue NSW if thresholds are met. 

Training authorisations

SafeWork NSW now approves or revokes training providers and courses, increasing scrutiny over mandatory training.

• Confirm all external training providers are authorised by SafeWork NSW.

• Update contracts and training records accordingly.

• Ensure a clear strategy for engaging with and managing HSRs as this is a key area of disputation.

Demolition licensing

Broader definition of "licensed demolition work" and clarified supervision requirements. 

• Update contractual terms and ensure compliance with new licensing and supervision provisions. 

Compliance & enforcement

88 new penalty notice offences introduced and penalty amounts increased. In particular, for companies:

• Failure to comply with an Improvement Notice  - increased from $4,500 to $11,250.

• Failure to notify SafeWork NSW of a notifiable incident –increased from $7450 to $12,500.

• High-risk work without authorisation –increased from $4,500 to $20,000.

• Update compliance registers and incident management procedures. 

• Communicate changes to staff through training and toolbox talks. 

Information searches

Any person may request (for a fee) information on plant registration or hazardous chemical records from SafeWork NSW. 

• Review and update policies and procedures to ensure compliance with new information access provisions.