NSW Enacts WHS Regulation 2025

The Work Health and Safety Regulation 2025 officially commenced on 22 August 2025, replacing the previous WHS Regulation 2017, which was automatically repealed on 1 September 2025. The updated regulation continues to support the Work Health and Safety Act 2011, outlining procedural and operational requirements for NSW workplaces. While much of the 2017 regulation remains intact, the 2025 update brings critical editorial, terminological, and compliance-related changes that businesses must address.

🛠️ Key Changes and Updates in WHS Regulation 2025

1. Editorial and Terminological Revisions

• Updated language and formatting in line with NSW Parliamentary Counsel’s Office (PCO) drafting standards
• All "clauses" now referred to as "sections"
• NSW-specific rules introduced (e.g., mandatory emergency plan submission for sites handling ≥25,000 kg of lithium batteries)

2. Updated Definitions

• Certified safety management systems must now align with AS/NZS 45001:2018
• New definition of "class" for demolition and traffic control licensing (replaces “type”)
• Clarified definitions for electricity supply authorities, serially produced vessels, and asbestos training courses

3. High-Risk and Dangerous Work

• Dangerous goods definitions aligned with the WHS Act and ADG Code
• Pressure equipment now assessed using AS 4343:2014
• Strengthened rules for psychosocial risk management
• Demolition licensing updated with clarified supervisor duties and training requirements
• Electrical work references updated to AS/NZS 3012:2019 and AS 2832.1:2015
• New provisions for plant registration and hazardous chemical searches with applicable fees

4. Food Delivery Riders

• Duties reorganised into chronological order
• Clarified obligations for high-visibility PPE and induction training
• Providers must verify rider training unless previously completed with another provider

5. Training and Authorisation

• SafeWork NSW authorised to approve training providers and courses
• New sections for high-risk work, demolition, traffic control, asbestos removal, and construction induction

6. Compliance and Enforcement

• Schedule 18A introduces new penalty notice offences
• Schedule 2 clarifies fees for major hazard facility licensing and administration
• Updated confidentiality provisions and references to outdated laws removed or replaced

7. Australian Standards Updates

Key safety standards updated to current versions, including:

• AS/NZS 45001:2018 – OHS management systems
• AS/NZS 3012:2019 – Electrical installations for construction
• AS/NZS 1891.1:2020 – Fall arrest systems
• AS/NZS 1906.4:2023 – High-visibility garments

8. Other Notable Changes

• Silica Worker Register introduced – effective 1 October 2025
• Emergency plan submissions required for workplaces with large lithium battery volumes
• Clarified definitions for ports, mines, and petroleum sites

✅ Important Recommendations for Businesses

🔄 Update emergency plans if handling large volumes of hazardous materials like lithium batteries
🧰 Review licensing and training obligations, especially for demolition, high-risk, and gig economy roles
📋 Align your safety systems with updated Australian Standards
💼 Prepare for new fees and penalty provisions
🧠 Strengthen psychosocial risk management strategies and related documentation

Reference: WHS Regulation 2025 – SafeWork NSW