WHS Compliance in Construction | Key Requirements 2025

The Construction Industry Safety Landscape

Construction is consistently among the industries with the highest rates of serious injuries and fatalities in Australia. According to Safe Work Australia, construction accounts for a disproportionate share of worker deaths each year — primarily from falls from heights, being struck by moving objects, and electrocution.

For construction businesses in Sydney and NSW, WHS compliance is not optional — it is a legal imperative backed by significant penalties for non-compliance. This guide covers the key requirements that every construction business must address in 2025.

Understanding the Construction Industry Framework

Construction WHS is governed by:

• Work Health and Safety Act 2011 (NSW)
• Work Health and Safety Regulation 2017 (NSW) — Part 6.1 specifically addresses construction
• Code of Practice: Construction Work
• Code of Practice: Managing the Risk of Falls in Housing Construction
• Code of Practice: Safe Design of Structures

The regulatory framework creates a layered system of duties — from the principal contractor at the top, through subcontractors, to individual workers. Each party has specific, non-delegable responsibilities.

High Risk Work Licences

Workers performing certain high-risk tasks must hold the relevant High Risk Work Licence issued under the Work Health and Safety Regulation 2017. Categories relevant to construction include:

• Scaffolding (Basic, Intermediate, Advanced)
• Rigging (Basic, Intermediate, Advanced)
• Crane operation (various classes including Tower Crane, Mobile Crane, Derrick Crane)
• Forklift operation
• Pressure equipment operation
• Boiler operation

PCBUs must not allow unlicensed workers to perform licensed high-risk work. Verification of licences should be part of every induction process and should be periodically re-checked.

Safe Work Method Statements (SWMS)

For high-risk construction work (HRCW), a Safe Work Method Statement must be prepared before work commences. The Work Health and Safety Regulation 2017 defines 19 categories of HRCW, including:

• Work at heights greater than 2 metres
• Work near energised electrical installations
• Demolition work
• Work in confined spaces
• Work on or near pressurised gas mains
• Work involving explosives
• Work in an area with artificial extremes of temperature
• Work in or around water where there is risk of drowning
• Tilt-up and precast concrete work
• Work on telecommunications towers
• Tunnelling work
• Work involving the use of explosives
• Work involving a risk of a person being buried or trapped by material movement

SWMS must be prepared by a competent person, in consultation with workers, and must be site-specific — not generic templates. See our SWMS development guide for detailed guidance.

Principal Contractor Obligations

The principal contractor (PC) — the PCBU with overall management and control of a construction project — bears significant additional responsibilities:

WHS Management Plan

Before construction work commences, the PC must prepare a WHS Management Plan that: - Identifies the work to be undertaken - Documents the arrangements in place to ensure WHS obligations are met - Specifies the site rules - Describes the arrangements for managing incidents, emergencies, and site access - Identifies when the plan will be reviewed

The plan must be kept up to date throughout the project and made available to all workers on request.

Induction

The PC must ensure all workers on site complete a site-specific induction before commencing work. In addition, all construction workers must hold a General Construction Induction (White Card — CPCCWHS1001 or equivalent).

Coordination of Multiple Duty Holders

When multiple PCBUs are operating on the same site, the PC must establish clear communication protocols and coordination arrangements to ensure that the obligations of each PCBU are met and that risks arising from the interaction of different work activities are managed.

Site Safety Monitoring

The PC is responsible for ongoing monitoring of safety performance across the site, including regular safety inspections, toolbox talks, and review of subcontractor SWMS compliance.

High-Risk Activities — Specific Requirements

Working at Heights

Falls from heights remain the leading cause of construction fatalities in Australia. Requirements include:

• A fall prevention plan for all work at heights exceeding 2 metres
• Preferred use of fall prevention devices (guardrails, covers) over fall arrest systems
• Regular inspection and maintenance of fall arrest equipment
• Training of all workers who may be exposed to fall hazards

Excavation and Trenching

Excavations over 1.5 metres deep require specific safety measures, including benching, battering, or shoring to prevent collapse. Ground-penetrating radar or other location services must be used to identify underground services before excavation begins.

Asbestos

Many older buildings in Sydney and NSW contain asbestos-containing materials (ACM). Any work that may disturb ACM requires a licensed asbestos removalist (Class A or Class B depending on the type of asbestos) and a specific asbestos removal control plan.

Confined Spaces

Work in confined spaces requires a confined space entry permit, risk assessment, atmospheric monitoring, and emergency rescue arrangements. Workers must be trained and competent for confined space entry.

Safety Audits in Construction

Regular safety audits are a critical tool for construction businesses to verify that systems are working and identify improvement opportunities. Effective construction safety audits cover:

• SWMS adequacy and compliance
• Plant and equipment inspections
• Housekeeping and site organisation
• Personal protective equipment use and condition
• Emergency preparedness
• Subcontractor WHS performance
• Training and competency records

Hendricks Australia conducts construction safety audits across Sydney and NSW, providing objective, expert assessment of your site safety performance.

Practical Compliance Tips for 2025

• Conduct pre-start safety meetings (toolbox talks) daily
• Implement a robust hazard reporting system with visible feedback
• Ensure all plant and equipment has current inspection and maintenance records
• Verify subcontractor licences and SWMS before work commences
• Maintain current and accessible emergency response procedures
• Track corrective actions to completion with clear ownership and deadlines

Contact Hendricks Australia to discuss WHS compliance support for your construction business.