WHS Compliance Checklist NSW | Small Business Guide

WHS Compliance for Small Businesses in NSW

Work Health and Safety compliance is a legal requirement for every business in New South Wales — regardless of size. Under the Work Health and Safety Act 2011 (NSW), all persons conducting a business or undertaking (PCBUs) must ensure, so far as is reasonably practicable, the health and safety of their workers and others affected by their work.

For small businesses, meeting WHS obligations can feel overwhelming. The good news is that compliance does not require a mountain of paperwork — it requires a practical, proportionate system that reflects your actual risks and operations.

This checklist, developed by Hendricks Australia's WHS consultants in Sydney, covers the core requirements every small business in NSW must address.

WHS Compliance Checklist for NSW Small Businesses

1. Leadership and Policy

• [ ] A documented WHS Policy is in place, signed by the most senior person in the business
• [ ] The WHS Policy is displayed in the workplace and communicated to all workers
• [ ] WHS responsibilities are clearly defined for all roles, including management
• [ ] Senior leadership visibly models safe behaviour and participates in safety activities
• [ ] WHS performance is reviewed regularly at a management level

2. Hazard Identification and Risk Assessment

• [ ] A formal hazard identification process is in place for all work areas and activities
• [ ] Risk assessments have been completed for all significant hazards
• [ ] The hierarchy of controls has been applied to manage risks
• [ ] Risk assessments are reviewed after incidents, near misses, or changes to work processes
• [ ] Workers are involved in hazard identification and risk assessment

3. Safe Work Procedures

• [ ] Safe Work Method Statements (SWMS) are in place for all high-risk construction work (if applicable)
• [ ] Standard Operating Procedures (SOPs) exist for high-risk tasks
• [ ] Workers have been trained on relevant procedures — not just handed documents to sign
• [ ] Procedures are accessible in the workplace and regularly reviewed

4. Worker Consultation and Participation

• [ ] Workers are genuinely consulted on WHS matters before decisions are made
• [ ] A mechanism exists for workers to raise WHS issues without fear of reprisal
• [ ] Health and Safety Representatives (HSRs) are elected where requested by workers
• [ ] A Health and Safety Committee (HSC) is established where required (workplaces with 20+ workers where requested)
• [ ] Consultation records are kept

5. Training and Induction

• [ ] All workers complete a WHS induction before commencing work
• [ ] Task-specific training is provided for workers undertaking high-risk work
• [ ] Training records are maintained for all workers
• [ ] Workers who perform high-risk licensed work hold current High Risk Work Licences
• [ ] Emergency response training (including first aid) is provided to relevant workers

6. Emergency Preparedness

• [ ] An emergency response plan is documented and displayed in the workplace
• [ ] Emergency contacts are clearly posted (including SafeWork NSW: 13 10 50)
• [ ] First aid equipment is available, accessible, and regularly checked
• [ ] Adequate numbers of trained first aid personnel are on site
• [ ] Emergency drills are conducted at least annually
• [ ] Workers know what to do in an emergency

7. Incident Reporting and Investigation

• [ ] A process exists for reporting all incidents, near misses, and hazards
• [ ] Workers are encouraged to report without fear of blame or punishment
• [ ] All incidents are investigated to identify root causes (not just immediate causes)
• [ ] Corrective actions are tracked to completion
• [ ] Notifiable incidents are reported to SafeWork NSW immediately
• [ ] Incident records are kept and reviewed for trends

8. Plant and Equipment

• [ ] All plant and equipment is inspected before use and regularly maintained
• [ ] Maintenance records are kept
• [ ] Pre-start checks are conducted for mobile plant and powered equipment
• [ ] Plant is operated only by workers who are trained and competent (and licensed where required)
• [ ] Guarding and safety devices are in place and functional

9. Hazardous Chemicals

• [ ] A register of all hazardous chemicals in the workplace is maintained
• [ ] Safety Data Sheets (SDS) are current and accessible for all hazardous chemicals
• [ ] Workers are trained in the safe handling, storage, and disposal of hazardous chemicals
• [ ] Appropriate PPE is provided for chemical handling tasks
• [ ] Chemical storage areas are adequately ventilated and appropriately placarded

10. Personal Protective Equipment

• [ ] Appropriate PPE is provided at no cost to workers
• [ ] Workers are trained in the correct selection, use, maintenance, and storage of PPE
• [ ] PPE is inspected regularly and replaced when worn or damaged
• [ ] PPE use does not substitute for higher-order controls where they are reasonably practicable

11. Psychosocial Hazards

• [ ] Psychosocial hazards have been identified (workload, support, relationships, change management)
• [ ] A psychosocial risk assessment has been conducted
• [ ] Controls are in place to manage priority psychosocial risks
• [ ] Workers are aware of mental health support resources (e.g., Employee Assistance Program)
• [ ] Anti-bullying and harassment policies are in place and enforced

12. Record Keeping and Documentation

• [ ] Incident reports and investigation records are kept (minimum 5 years)
• [ ] Training records are kept (minimum 5 years after employment ends)
• [ ] Risk assessment records are kept and reviewed
• [ ] Workers compensation insurance is current
• [ ] Relevant codes of practice and guidance materials are accessible

Using This Checklist

This checklist is a starting point, not a comprehensive WHS audit. Every business has unique risks that require specific assessment and controls. Use this checklist to:

1. Identify obvious gaps in your current WHS compliance position
2. Prioritise actions based on the most significant risks in your business
3. Track progress on implementing improvements over time

For a comprehensive, independent assessment of your WHS compliance position, a formal WHS audit by an experienced consultant is the most reliable approach.

Next Steps

If you have identified gaps through this checklist, prioritise those in the "Incident Reporting," "Hazard Identification," and "Emergency Preparedness" sections first — these are typically the highest-risk areas for small businesses.

Hendricks Australia provides WHS compliance support for small and medium businesses across Sydney and NSW. Contact our team for a no-obligation conversation about where your business sits and what you need to do next.