01/10/2025
Time to read
4 minutes

The NSW Government has remade the Work Health and Safety (WHS) Regulation, with the Work Health and Safety Regulation 2025 replacing the 2017 version from 22 August 2025.

While most rules remain unchanged, the new regulation introduces significant increases to on-the-spot fines, catching many in the construction sector off guard. The higher penalties target common site safety risks and will have a substantial impact on businesses operating non-compliantly.

Key areas affected

The most notable fine increases apply to:

  • Working on roofs, heights or platforms without proper fall protection

  • Ladders that are unsecured or not set up correctly, or unsafe access to roofs and platforms

  • Building scaffolds or operating other high-risk plant (e.g. forklifts, cranes) without the appropriate High Risk Work Licence

Fine increases at a glance

  • Falls – inadequate fall protection

    • Sole traders: was $900 → now $1,750

    • Companies: was $4,500 → now $8,750

  • Safe access – failure to provide safe access/exit in fall-risk areas

    • Sole traders: was $900 → now $1,750

    • Companies: was $4,500 → now $8,750

  • Failure to comply with an Improvement Notice (SafeWork NSW)

    • Sole traders: was $900 → now $2,250

    • Companies: was $4,500 → now $11,250

  • Failure to notify SafeWork NSW of a notifiable incident
    (e.g. fatality, serious injury, dangerous incident)

    • Sole traders: was $1,500 → now $2,500

    • Companies: was $7,450 → now $12,500

  • High-risk work without authorisation
    (e.g. scaffolds above 4 m, cranes, forklifts, boom EWPs >11 m)

    • Sole traders: was $900 → now $4,000

    • Companies: was $4,500 → now $20,000

Inspectors will be actively advising businesses of these changes on-site and during inspections. 

It’s important to note that a fine issued to a worker does not automatically mean their employer will also be fined, and vice versa. Each party can be fined separately or both can be fined if the situation warrants it.

Other notable changes

  • Editorial and terminology updates to align with the NSW Parliamentary Counsel’s Office drafting standards

  • Strengthened requirements to manage psychosocial risks using the hierarchy of controls

  • Additional penalty notice offences added to Schedule 18A

  • New provisions enabling SafeWork NSW to authorise training providers and courses and charge related fees

  • NSW-specific provisions, including emergency plan lodgement for workplaces storing 25,000 kg or more of lithium batteries

  • Introduction of the silica worker register, commencing 1 October 2025

Stay compliant

Master Builders NSW encourages members to review these changes in detail and ensure their sites remain compliant to avoid costly penalties.

For more information, visit SafeWork NSW – Legislation or contact SafeWork NSW on 13 10 50.