Workplace safety
WHS requirements for small business
Every business with workers, however small, has the same core safety duty: ensure, so far as is reasonably practicable, the health and safety of workers and others affected by the work. In practice that means managing risks, consulting workers, providing first aid, facilities and an emergency plan, notifying serious incidents, and holding workers compensation insurance in your state.
Updated . General information, not legal advice.
What is my basic legal duty as a small business?
As a person conducting a business or undertaking (PCBU), you must ensure, so far as is reasonably practicable, the health and safety of your workers and that others are not put at risk by your work (model WHS Act s 19).
"Workers" includes employees, contractors, labour hire workers, apprentices and volunteers. Section 19(3) spells out what the duty covers, including:
- a work environment without risks to health and safety
- safe plant, structures and systems of work
- safe use, handling and storage of plant, structures and substances
- adequate welfare facilities, and access to them
- the information, training, instruction or supervision needed to protect people
- monitoring workers’ health and workplace conditions to prevent illness or injury.
Small business owners who make the key decisions are usually also officers, with a personal duty of due diligence.
Which WHS law applies to my business?
Victoria is the only jurisdiction that has not implemented the model WHS laws; it uses the Occupational Health and Safety Act 2004. WA’s Work Health and Safety Act 2020, based on the model laws, became operational on 31 March 2022.
The Commonwealth, ACT, NSW, NT and Queensland implemented the model laws on 1 January 2012, and SA and Tasmania on 1 January 2013. Each jurisdiction has local variations, so check the law and regulator for each state you operate in.
How do I manage safety risks?
Identify reasonably foreseeable hazards, eliminate the risks so far as is reasonably practicable, and if you can’t, minimise them using the hierarchy of control measures (model WHS Regulations regs 34–38).
- Identify hazards. Walk through the work and talk to the people doing it.
- Eliminate the risk if reasonably practicable, for example by removing a hazardous task altogether.
- Substitute, isolate or engineer the risk down: a safer substance, a guard, a barrier.
- Administrative controls for what remains: procedures, rosters, signage, training.
- Personal protective equipment last, for any risk still left.
- Maintain and review controls, including when something changes, a new hazard appears, or a notifiable incident occurs.
Psychosocial hazards such as high job demands, bullying and harassment must also be identified and their risks eliminated or minimised so far as is reasonably practicable (regs 55A–55D), although the reg 36 hierarchy doesn’t apply to them. Our psychosocial risk self-assessment is a starting point.
Do I have to consult my workers?
Yes. You must consult, so far as is reasonably practicable, with workers who are or are likely to be directly affected by a WHS matter (model WHS Act s 47; OHS Act 2004 (Vic) s 35).
Consultation means sharing relevant information, giving workers a reasonable chance to raise issues and contribute, taking their views into account, and telling them the outcome (s 48). It is required when identifying hazards and assessing risks, deciding on controls, deciding whether welfare facilities are adequate, proposing changes that may affect health or safety, and setting procedures for consultation, issue resolution, monitoring and training (s 49). Check what applies with our consultation duty checker.
What first aid, facilities and emergency plans do I need?
You must provide first aid equipment and access to it, enough trained first aiders (or access to them), adequate toilets, drinking water, washing and eating facilities, and an emergency plan for the workplace (model WHS Regulations regs 41–43).
| Requirement | What the regulation says |
|---|---|
| Facilities (reg 41) | Adequate toilets, drinking water, washing and eating facilities, kept in good working order, clean, safe and accessible |
| First aid (reg 42) | First aid equipment and access to it, access to facilities for giving first aid, and an adequate number of trained first aiders or access to them |
| Emergency plan (reg 43) | Procedures for responding, evacuating, notifying emergency services and getting medical help; testing of procedures; training for relevant workers |
What is adequate depends on the nature of the work and hazards, the size and location of the workplace, and the number and make-up of the people there. Our first aid requirements calculator and amenities calculator give a starting point.
In Victoria, welfare facilities fall under the general employer duty in OHS Act s 21, which includes providing adequate facilities for employee welfare (s 21(2)(d)). WorkSafe Victoria’s compliance code "First aid in the workplace" explains how to comply.
What must I do if someone is seriously hurt?
Notify your WHS regulator immediately of a death, serious injury or illness, or dangerous incident, preserve the site, and keep the notification record for at least 5 years.
Our guide to notifiable incidents covers the definitions, timing and each regulator’s notification line. Separately, report work injuries to your workers compensation insurer as your scheme requires.
Do I need workers compensation insurance?
Most businesses must have workers compensation insurance, under the scheme run in each state or territory where their workers are based.
| Jurisdiction | Workers compensation authority |
|---|---|
| NSW | State Insurance Regulatory Authority (SIRA) regulates the scheme |
| Victoria | WorkSafe Victoria |
| Queensland | WorkCover Queensland |
| South Australia | ReturnToWorkSA |
| Western Australia | WorkCover WA |
| Tasmania | WorkSafe Tasmania |
| Northern Territory | NT WorkSafe |
| ACT | WorkSafe ACT |
Insurance covers payments to workers with a work-related injury or illness, including lost wages and medical and rehabilitation costs. Premiums are set under each scheme’s own rules. Our workers compensation premium calculator gives an estimate.
Where can a small business get free help?
Your state or territory WHS regulator and Safe Work Australia publish free guidance, and some regulators run funded advisory programs for small businesses.
- Safe Work Australia’s small business page and model codes of practice.
- In Victoria, the WorkSafe-funded OHS Essentials program offers free visits to small businesses with 60 workers or fewer that hold a WorkCover insurance policy.
- SafeWork SA’s advisors give free information and practical advice tailored to a workplace’s industry, size and risk.
Questions
Do WHS laws apply to a business with only one or two employees?
Yes. The primary duty applies to every person conducting a business or undertaking with workers, regardless of size.
Do I need a written emergency plan for a small office?
Yes. Regulation 43 of the model WHS Regulations requires an emergency plan for each workplace, scaled to the work, hazards, size, location and people there, so a small low-risk office’s plan can be short.
How many first aiders do I need?
There is no single number in the regulations. You must have an adequate number of trained first aiders or access to them, considering your work, hazards, size, location and workforce.
Is workers compensation insurance compulsory?
For most employers, yes. Each state and territory runs its own scheme, so register with the scheme where your workers are based.
Sources
- Safe Work Australia: Model WHS Act (5 December 2025), ss 19, 47–49
- Safe Work Australia: Model WHS Regulations (5 December 2025), regs 34–43, 55A–55D
- Safe Work Australia: Small business
- Safe Work Australia: WHS regulators and workers compensation authorities
- Occupational Health and Safety Act 2004 (Vic), ss 21, 35
- WorkSafe Victoria: Compliance code, First aid in the workplace
Checked against these sources on 5 November 2026. Spotted something out of date? Tell us.