Workplace Health & Safety (WHS) Legal Services
Work health and safety is integral to your business’s success and compliance.
At MCB Lawyers, our Northern Beaches WHS specialists advise businesses and officers across New South Wales on legal obligations, risk mitigation, incident response and regulatory defence.
Safe Workplaces. Strong Legal Protection.
Effective workplace health and safety (WHS) compliance is essential to protecting your employees and your business. Our experienced WHS lawyers in NSW provide clear, strategic advice on risk management, officer and PCBU duties, and SafeWork NSW investigations. At MCB Lawyers, we combine legal precision with practical insight to help employers create safer, compliant, and more resilient workplaces.
Common WHS Mistakes to Avoid
Overlooking psychosocial hazards, relying only on physical risk controls, failing to consult workers and delaying incident reporting are frequent traps that create serious exposure under NSW WHS laws. Proactive risk assessment, clear policies and timely notifications make a measurable difference.
Why WHS Matters for Your Business
- Businesses must comply with duties under the Work Health and Safety Act 2011 in NSW — as PCBU or officer.
- Penalties and enforcement action under WHS laws are increasingly rigorous — recent cases show serious consequences.
- Effective WHS programs promote safe, productive workplaces — reducing risk, costs and compliance exposure.
Understanding Work Health & Safety Law in NSW
Under NSW law the primary duty is placed on persons conducting a business or undertaking (“PCBU”) and officers to ensure, so far as is reasonably practicable, the health and safety of workers and others.
This includes obligations under the newer Work Health and Safety Regulation 2025, which came into effect on 22 August 2025 in NSW.
Our Workplace Health & Safety Legal Services
WHS Compliance & Risk Audits
Comprehensive review of your WHS systems and risk controls to ensure compliance with the Work Health and Safety Act 2011 (NSW) and WHS Regulation 2025.
Officer & PCBU Legal Duties
Clear, practical guidance for directors, managers and PCBUs on their WHS responsibilities, personal exposure and due-diligence duties under NSW law.
Incident Response & Regulatory Defence
Strategic legal support following workplace incidents — from SafeWork NSW notifications to investigations and defence in regulatory enforcement proceedings.
WHS Policy, Training & Consultation
Designing and implementing WHS policies, staff training programs and consultation frameworks that foster safe, compliant and productive workplaces.
Why MCB Lawyers for Your WHS Legal Needs
Our WHS team combines legal depth with practical workplace insight. We advise PCBUs, officers and safety leaders on due diligence, policy design, consultation frameworks and incident response—balancing compliance with operational realities.
Whether you’re strengthening your safety management system or responding to a regulator, we deliver clear, actionable guidance to protect your people, operations and reputation across NSW.
Ready to strengthen your WHS management and legal readiness?
Speak with our Manly-based WHS lawyers for a compliance review, incident strategy or training support. Operate safely and confidently in NSW.
Book a ConsultationResources & Further Reading
Explore official guidance and trusted information to better understand your work health and safety obligations in New South Wales.
- SafeWork NSW – Work Health and Safety Information on WHS laws, incident notifications and compliance requirements.
- Safe Work Australia – Model WHS Laws Resources explaining national model WHS legislation and duties.
- Fair Work Ombudsman – Health & Safety at Work Practical advice on managing safety and workplace rights.
- NSW Government – Health & Safety at Work Guidance for employers and workers on WHS responsibilities and safety programs.
- WorkSafe QLD – WHS Laws Comparative view of WHS obligations across jurisdictions for national employers.
- ATO – Workers’ Compensation and Insurance Guide Understanding how workers’ compensation interacts with WHS duties and payroll compliance.
Frequently Asked Questions
What are my responsibilities as an employer under WHS laws?
As an employer, you must provide a safe work environment, identify and manage risks, offer safety training, and ensure that your workplace meets WHS standards. We can help you implement policies and practices that align with these requirements to protect both your team and your business.
What should I include in a WHS policy?
A WHS policy should cover procedures for identifying risks, handling incidents, reporting hazards, and ensuring regular safety training. It should be clear, accessible to all employees, and tailored to your specific work environment. We assist in creating comprehensive WHS policies that keep your workplace safe and compliant.
How often should risk assessments be conducted?
Risk assessments should be conducted regularly, especially when new equipment, processes, or personnel are introduced. We recommend periodic reviews to stay proactive about safety and can guide you on a schedule that suits your workplace needs.
What should I do if a workplace incident occurs?
If an incident happens, it’s essential to respond quickly and document everything. This includes first-aid response, incident reporting, and notifying relevant authorities if needed. We can guide you through proper incident response and investigation procedures to ensure compliance and transparency.
Are WHS training sessions mandatory for employees?
Yes, WHS training is generally required for employees, especially if they work in environments with specific hazards. Training ensures that everyone understands safety protocols and knows how to respond in an emergency. We can help you set up training programs that are effective and compliant.
How do I handle a WHS complaint from an employee?
Treat WHS complaints seriously and investigate them promptly. It’s important to communicate with the employee, assess the situation, and take corrective actions as necessary. We offer guidance on handling complaints professionally to ensure issues are addressed without creating conflict.
What is the role of a WHS representative, and do I need one?
A WHS representative acts as a bridge between employees and management, raising any safety concerns on behalf of the team. Workplaces with a certain number of employees may be required to have a WHS representative. We can help determine if you need one and support you in setting up this role.
Can I be held liable if an employee gets injured at work?
Yes, employers can be held liable if they fail to meet WHS obligations, especially if negligence is proven. Following WHS laws and implementing preventive measures greatly reduces this risk. We’re here to ensure you have the right policies in place to protect your business and your employees.
What are the penalties for not complying with WHS regulations?
Non-compliance can lead to fines, penalties, and in severe cases, prosecution. Penalties depend on the severity of the breach and whether it led to harm. We can help you maintain compliance and avoid these penalties by proactively managing WHS requirements.
How can an employment lawyer help with WHS compliance?
Our team at MCB Lawyers provides legal guidance on meeting WHS standards, implementing safety policies, managing incidents, and handling regulatory investigations. With our support, you can focus on creating a safe work environment with confidence.
What should I do if a WHS regulator contacts my business?
If a WHS regulator reaches out, it’s important to cooperate fully and provide any requested information. We can represent you during regulatory inquiries, ensuring you meet all requirements and helping you respond appropriately.
How can I promote a safety-first culture in my workplace?
Regular training, clear policies, and open communication about safety all contribute to a strong safety-first culture. We can work with you to develop strategies that make safety a core value in your workplace, helping to keep everyone motivated and committed to WHS standards.