WHS Compliance
WHS Policy: What Every Employer Must Include
A WHS policy is the foundation of your safety management system. It sets out your commitment to health and safety and provides the framework for managing risks. Under WHS laws, having a documented WHS policy is a key element of meeting your primary duty of care.
What the Law Says
The Work Health and Safety Act 2011, Section 19 requires PCBUs to ensure, so far as reasonably practicable, the health and safety of workers. While the Act does not specifically mandate a written WHS policy, the Model Codes of Practice and regulators expect businesses to have one. The AS/NZS ISO 45001 standard also requires a documented WHS policy as part of an occupational health and safety management system.
What Employers Must Do
State your commitment
Begin with a clear statement of commitment to health and safety from the highest level of management.
Define responsibilities
Outline the WHS responsibilities for senior management, supervisors, workers, and contractors.
Cover key areas
Address hazard identification, risk assessment, incident reporting, emergency procedures, consultation, training, and continuous improvement.
Include compliance commitments
Commit to complying with all applicable WHS legislation, regulations, codes of practice, and standards.
Set objectives and targets
Include measurable WHS objectives such as reducing incident rates, completing risk assessments, and training targets.
Sign and date the policy
The policy should be signed by the most senior person in the organisation and dated to confirm currency.
Common Mistakes and How to Avoid Them
Mistake: Writing a policy that nobody reads
Fix: Keep it concise and practical. Display it prominently, include it in inductions, and refer to it regularly in safety meetings.
Mistake: Not reviewing the policy regularly
Fix: Review at least annually and after any significant incident, legislative change, or organisational restructure.
Mistake: Having a policy but no supporting procedures
Fix: A policy sets the commitment; procedures detail how to deliver on it. Ensure your policy is supported by practical procedures and safe work instructions.
Mistake: Not consulting workers
Fix: WHS consultation is a legal requirement. Involve workers in developing and reviewing the WHS policy.
Penalties and Consequences
While there is no specific penalty for not having a WHS policy, the absence of a documented policy weakens your position if investigated by a WHS regulator and may indicate a systemic failure to meet your primary duty of care. WHS penalties for duty breaches reach $1.5 million (body corporate, Category 2) and $3 million (Category 1).
When to Get Professional Help
Jordan Firme Business Consultants develops comprehensive WHS policies and management systems tailored to your industry and risk profile.
Frequently Asked Questions
While the WHS Act does not explicitly mandate a written WHS policy, regulators and Codes of Practice expect businesses to have one. It is considered a fundamental element of meeting your primary duty of care and is a key indicator of safety culture that regulators assess.
A commitment to health and safety, statement of responsibilities, compliance commitments, consultation arrangements, objectives and targets, hazard management approach, incident reporting requirements, training commitments, and review provisions.
Keep it concise — typically 1-2 pages. The policy should set the framework and commitment; detailed procedures should be in separate documents.
The most senior person in the organisation (CEO, Managing Director, or business owner). This demonstrates top-level commitment to health and safety.
At minimum annually, and also after significant incidents, legislative changes, organisational restructures, or changes to work activities. Document each review and any changes made.
Need a WHS Policy?
Our WHS consultants develop comprehensive WHS policies and management systems tailored to your business.
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