Achieving Compliance with OHS in High-Risk Industries
Compliance with occupational health and safety (OHS) laws and regulations in Australia’s high-risk industries is a legal requirement and establishes the minimum acceptable standard for workplace safety. Adhering strictly to these laws helps protect employees, contractors, and visitors, while reducing the risk of incidents, regulatory penalties, and reputational harm to the business. However, legal compliance should be viewed as a baseline, not the ultimate goal. Effective and responsible organisations aim to go beyond statutory requirements by adopting industry best practices and a culture of continuous safety improvement. This proactive approach is essential for ensuring genuinely safe and reliable operations.
While OHS compliance can seem complex, it is an essential, everyday part of a well-managed operation.
UNDERSTANDING OHS LEGISLATIVE REQUIREMENTS
Australian OHS law is structured at multiple levels:
- State and Territory Acts: Each state and territory has its own Work Health and Safety (WHS) Act. These Acts define the primary legal duties of employers—referred to as Persons Conducting a Business or Undertaking (PCBUs)—as well as the responsibilities of workers and others in the workplace.
- Regulations: WHS regulations made under each Act provide more detailed and specific legal requirements for managing particular hazards, activities, or industries.
- Codes of Practice: Safe Work Australia develops model Codes of Practice to offer practical guidance on meeting the requirements of the Acts and regulations. While these codes are not legally binding unless adopted by a specific jurisdiction, they are accepted as reflecting what is considered “reasonably practicable” for achieving compliance.
This structure ensures both a uniform national approach and the flexibility for each jurisdiction to address its unique requirements.
Enforcement of WHS laws is carried out at the state and territory level, with each jurisdiction responsible for inspections, investigations, and penalties. Businesses must follow the laws relevant to every location in which they operate.
FEDERAL GOVERNMENT AND SAFE WORK AUSTRALIA
The federal government has established national model WHS laws and Safe Work Australia, a body that develops and promotes national policy and model codes. The federal Work Health and Safety Act 2011 (Cth) applies primarily to Commonwealth workplaces, while all other workplaces fall under relevant state or territory legislation.
DUTIES OF CARE IN OHS
The foundation of all OHS law is the duty of care. A PCBU must take every practicable step to ensure the health and safety of workers, contractors, and visitors. This applies across all operations, on and off site.
ESTABLISHING A SAFETY POLICY FRAMEWORK
An effective OHS policy sets the tone for your organisation’s safety commitment. It should:
- Clearly state management’s commitment to providing a safe workplace.
- Define the scope (who and what is covered, including contractors and visitors).
- Assign roles and responsibilities at every level, from executives to front-line workers.
- Set measurable objectives, such as reducing incident rates or completing annual training.
- Commit to proactive risk identification and control.
- Outline processes for clear communication and consultation with the workforce (e.g., through safety meetings or committees).
USING MODEL CODES OF PRACTICE
Model codes are practical resources available for managing specific risks—such as working at heights, hazardous manual tasks, electrical safety, or consultation arrangements. Each state and territory incorporates these codes into their laws differently; consult local regulators to clarify which apply to your site. These documents set clear expectations for safe systems of work.
IMPLEMENTING OHS PROCEDURES: SIX KEY STEPS
- Hazard Identification and Risk Assessment
Systematically inspect your operations—including equipment, work activities, and substances—to identify hazards. Assess each hazard to determine its likelihood and the potential severity of harm, using structured risk assessment methods. - Control Measures (Applying the Hierarchy of Controls)
Implement the most effective controls first. Wherever possible, eliminate hazards. If not possible, substitute with less hazardous methods, isolate hazards, or use engineering controls. Administrative processes (such as safe work procedures) and PPE are less effective and should be used in combination with higher-level controls. - Training and Supervision
Provide structured and ongoing training to all workers. This includes initial inductions, job-specific training, and refresher courses. Effective supervision ensures procedures are followed, particularly for new or high-risk tasks. - Record Keeping
Accurate records are essential. Maintain documentation for hazard identification, risk assessments, controls, incidents, training, and audits. Good record-keeping allows for analysis, facilitates regulatory inspections, and provides legal protection. - Emergency Preparedness
Prepare for foreseeable emergencies relevant to your site, such as fires, chemical spills, or injuries. Display clear emergency procedures, train staff in their roles, and hold regular emergency response drills. - Regular Audits and Continuous Improvement
OHS systems and conditions change over time. Schedule regular audits to verify compliance, identify weaknesses, and track progress toward safety objectives. Use audit results to drive continuous improvement.
MONITORING COMPLIANCE WITH OHS
OHS compliance requires ongoing verification and action. Useful tools and approaches include:
- Checklists for routine site safety inspections.
- Digital tools or apps, such as electronic Permit to Work systems, to streamline reporting and corrective actions.
- Authoritative government resources from local regulators and Safe Work Australia.
- External safety consultants or auditors for an independent review.
BUILDING A STRONG SAFETY CULTURE
Compliance should be integrated into daily operations—not treated as a stand-alone effort. A genuine safety culture is built through visible leadership commitment, workforce engagement, reliable systems, and ongoing improvement. Effective Permit to Work systems are a critical part of this process, especially for controlling non-routine and hazardous work.
For practical guidance, download our Permit-to-Work Compliance Checklist and take the next step toward safer, more compliant operations.
