WHS regulation 2026 PPE Australia
⏱ 7 min read
📋 In This Guide
📋 What Is a PCBU and What Are Their Core Duties?
Under Australian WHS law, the term PCBU (Person Conducting a Business or Undertaking) covers far more than a traditional employer. It includes businesses, partnerships, unincorporated associations, not-for-profits, head contractors, labour hire companies, and staffing agencies — essentially any entity that directs work.
According to Safe Work Australia, every PCBU carries a primary duty of care: to ensure, so far as is reasonably practicable, the health and safety of workers and others affected by their work. This duty involves four core obligations:
- Identify hazards and assess risks across all work activities
- Apply the Hierarchy of Controls — eliminate → substitute → isolate → engineer → admin → PPE. PPE is always the last resort.
- Implement and maintain control measures to ensure ongoing effectiveness
- Consult workers in health and safety decisions
🗓️ 2025–2026 Key Regulatory Changes — Complete Timeline
Sources: Safe Work Australia, SafeWork NSW, Herbert Smith Freehills Kramer (Dec 2025), Action OHS Consulting (Jan 2026), Safety For Life Australia (Jan 2026).
| Date | Key Change | Who It Affects |
|---|---|---|
|
22 Aug 2025 NSW WHS Regulation 2025 |
New regulation commenced in NSW — mandatory psychosocial risk controls, silica worker register, lithium-ion storage rules, revised demolition licensing, and updated PPE requirements. | All NSW workplaces |
|
1 Oct 2025 NSW Silica Worker Register |
All workers performing high-risk crystalline silica work must be registered in the NSW Silica Worker Register portal. | NSW construction & stone industries |
|
5 Dec 2025 Model WHS Amendments |
Safe Work Australia published major amendments: Reg 44 PPE obligation broadened, incident notification requirements significantly expanded (violent incidents, extended absences, work-related suicides). | All jurisdictions except Victoria |
|
1 Jan 2026 NSW Audiometric Testing |
Mandatory hearing tests for workers exposed to hazardous noise — at 3 months of employment, then every 2 years. | NSW noisy workplaces |
|
12 Feb 2026 NSW Digital Work Systems |
NSW became the first jurisdiction globally to impose WHS duties on PCBUs using AI, automation, and digital platforms — protecting workers from excessive workloads, intrusive monitoring, and psychosocial risks from technology. | All NSW workplaces using digital platforms |
|
1 Jul 2026 NSW Codes of Practice + SA Construction |
NSW Codes of Practice gain full legal weight — PCBUs must comply unless demonstrating an equivalent or higher standard. SA aligns high-risk construction work definition with national standard (falls from >2m). | NSW all workplaces; SA construction |
|
1 Dec 2026 Workplace Exposure Limits (WEL) |
WES replaced by WEL nationwide — stricter limits for airborne contaminants (dust, fumes, vapours, gases), aligned more closely with international benchmarks. Start preparing now. | All Australian workplaces |
According to Action OHS Consulting (January 2026), employers should begin reviewing ventilation systems, PPE (especially respirators and gloves), exposure monitoring programs, and safe work procedures now — well before the December 2026 deadline. The new WEL limits may be significantly stricter than current WES values.
🧤 Regulation 44: The Expanded PPE Obligation
The most significant PPE-specific change came on 5 December 2025, when Safe Work Australia published amendments to the model WHS Regulations. The key update affects Regulation 44 — the clause governing PCBU duties around PPE provision and use.
Before: The PPE obligation only applied where PPE was required as a result of applying the Hierarchy of Controls.
After: The amended clause applies wherever PPE is used to minimise a WHS risk — regardless of whether the hierarchy of controls has formally identified PPE as the required measure.
Source: Herbert Smith Freehills Kramer, December 2025. This change was made in response to a narrow interpretation of the PPE clause by the NSW Industrial Relations Commission.
The 6 Core PPE Obligations for Every PCBU
Based on Safe Work Australia official guidance and Regulations 44 and 45:
- Provide PPE at no cost — Workers must never pay for their PPE. Deducting costs from wages or charging workers is a separate offence with its own penalties.
- Select appropriate PPE — Must be suitable for the work and the specific hazard involved. Critically, the size and fit must be appropriate for each individual worker (clarified in December 2025 amendments).
- Provide training and instruction — Workers and workplace visitors must receive training on how to correctly use, wear, store, and maintain PPE.
- Ensure correct use — The PCBU must verify that workers are actually wearing and using PPE correctly.
- Address fit and comfort issues — If PPE is uncomfortable, doesn't fit properly, or causes an adverse reaction, the PCBU must resolve the problem.
- Maintain records — PPE issuance logs, training records, and maintenance schedules must be kept and available for inspection.
💸 WHS Penalties — How Much Are the Fines?
Maximum monetary penalties under the model WHS Act are indexed annually to CPI. The figures below are current as at 1 July 2025 (Safe Work Australia official publication).
| Offence Category | Conduct Required | Max Fine — Body Corporate | Max Fine — Individual (PCBU/Officer) | Imprisonment |
|---|---|---|---|---|
| Category 1 | Gross negligence or reckless conduct exposing a person to risk of death or serious injury | $11,839,000 | $2,368,000 | Up to 5 years |
| Category 2 | Failure to comply with a WHS duty that exposes a person to risk of death or serious injury | $3,945,700 | $789,350 | None |
| Category 3 | Failure to comply with a WHS duty (risk exposure does not need to be proven) | $1,972,800 | $394,800 | None |
| Failing to provide PPE | Not providing PPE, or not providing information/training about PPE | $40,040 | $8,030 | None |
| Charging workers for PPE | Deducting PPE costs from wages or charging workers directly | $33,440 | $6,710 | None |
Source: Safe Work Australia — Maximum Monetary Penalties under WHS Laws (1 July 2025). Figures for NSW use indexed penalty unit value of $123.31 (2025–26). Source: Courtenell, February 2026.
Under the NSW WHS Act, any insurance policy purporting to cover WHS penalties is void. Officers cannot insure against personal WHS fines. This applies to both the company and individual directors. Category 2 is the most commonly prosecuted offence — and it does not require proof of recklessness, only a duty breach that exposed someone to risk. Source: Fair Workplace Solutions, March 2026.
🏭 Industry-by-Industry PPE Guide
Selecting the wrong type of PPE for the task is itself a Regulation 44 breach. Below is a quick reference guide by industry.
| Work Type | Legally Required PPE | KameLo Recommendatio |
|---|---|---|
| Construction & Mining | Cut-resistant gloves (Cut Level C or above recommended), hard hat, safety boots, Hi-Vis | C602 / 770-CUT / 401-AV /405 |
| Welding & Metal Fabrication | Heat-resistant leather gloves, flame-retardant workwear, eye protection, respirator | 918-L / 819-PD / 308-HPPE /917-L |
| Electrical Work | Insulating gloves (voltage-rated), arc-flash PPE where applicable | 400V (007-WP) / 1000 V CATU CLASS 0 / 500V CATU CLASS 00 |
| Chemical Handling | Chemical-resistant nitrile or rubber gloves — specific to chemical type | |
| Hi-Vis Required Sites | High-visibility garments meeting AS/NZS 4602.1 — retroreflective tape required |
https://www.kamelo.com.au/collections/hi-vis |
| General Manufacturing & Logistics | Lightweight PU or nitrile-coated gloves — grip and dexterity priority | |
| Food Delivery (NSW) | Hi-Vis outer garment — legally mandatory since 2022. Training records must be kept. |
🚨 Incident Notification — Expanded Duties from December 2025
As reported by Herbert Smith Freehills Kramer (December 2025), Safe Work Australia has significantly expanded the incident notification framework. PCBUs must now notify their WHS regulator of a "relevant occurrence" — a broader category than the former "notifiable incident."
Three New Notification Categories
- Notifiable extended absences: A work-related injury or illness causing 15 or more consecutive days of absence. PCBUs have 14 days from becoming aware of the absence to notify their regulator.
- Violent incidents: Work-related violent incidents must now be reported — a new category not previously required.
- Work-related suicides and attempts: PCBUs must notify where a link exists between the event and the conduct of the business or undertaking.
The definition of "serious injury or illness" has also been expanded to include: fractures of the pelvis, skull or facial bones; and serious brain injuries resulting from blows or repeated shocks to the head.
These national model WHS amendments do not automatically apply in Victoria. Victoria operates under its own OHS Act. However, Victoria's OHS (Psychological Health) Regulations 2025 commenced on 1 December 2025, significantly strengthening obligations around psychosocial risk management. Source: Action OHS Consulting, January 2026.
✅ Your 2026 WHS PPE Compliance Checklist
If a SafeWork inspector arrived at your workplace tomorrow, could you demonstrate compliance with each of the following?
- Audit all PPE currently in use — verify it is fit for purpose and the correct type for each hazard
- Confirm PPE issuance records are documented — worker name, item, date, quantity
- Verify training records exist — when, who, and what was covered
- Confirm no worker is paying for their own PPE or having costs deducted from wages
- Check PPE fits each worker correctly — size and comfort (updated requirement, Dec 2025)
- Conduct a psychosocial hazard assessment and document findings
- NSW: Confirm silica workers are registered in the NSW Silica Worker Register (from Oct 2025)
- NSW: Arrange audiometric testing for noise-exposed workers (mandatory from Jan 2026)
- Begin WEL readiness review — assess current airborne contaminant exposure levels against upcoming Dec 2026 limits
- Update incident reporting procedures to capture new categories: 15-day absences, violent incidents, work-related suicides
❓ Frequently Asked Questions
Q1. Can workers purchase their own PPE and be reimbursed?
Yes — PCBUs can provide PPE directly or offer a PPE allowance. However, even where an allowance is provided, the responsibility to ensure the PPE selected meets legal standards and is appropriate for the task remains with the PCBU. Charging workers for PPE or deducting costs from wages is a separate offence. Source: Safe Work Australia official guidance.
Q2. Does business insurance cover WHS fines?
No. Under NSW WHS law, any insurance policy purporting to cover WHS penalties is explicitly void. This applies to both corporate fines and personal liability for officers and directors. WHS penalties must be paid directly by the liable party.
Q3.Does the PPE obligation extend to labour hire and contractors?
Yes. Regulation 44(2) requires each PCBU to provide workers with PPE unless it has already been provided by another PCBU. Where multiple PCBUs are involved (e.g. a labour hire arrangement), the obligation to provide PPE must be clearly allocated in advance — typically in writing as part of the engagement contract.
📚 References & Sources
- Safe Work Australia — PPE Duties Overview (safeworkaustralia.gov.au, verified April 2026)
- Safe Work Australia — Maximum Monetary Penalties under WHS Laws (1 July 2025)
- Herbert Smith Freehills Kramer — "Major reforms to the model WHS framework" (16 December 2025)
- Action OHS Consulting — "WHS Regulatory Updates Australia: January 2026" (23 January 2026)
- SafeWork NSW — Legislation page (safework.nsw.gov.au, verified January 2026)
- Safety For Life Australia — "WHS Requirements in Australia for 2026" (12 January 2026)
- Courtenell — "Three Categories of WHS Offences & NSW Penalty Units 2025–2026" (February 2026)
- Hall & Payne Lawyers — "Do employers have to provide PPE in NSW?" (September 2025)
- BlueSafe Online — "WHS Penalties and Fines in Australia" (reviewed March 2026)
- SafeWork SA — "WHS High Risk Construction Work Amendment Regulations 2025" (2 March 2026)
- Fair Workplace Solutions — "WHS Penalties NSW: What Every Business Owner Needs to Know" (March 2026)
This blog provides general information only and does not constitute legal advice. Information is current as at April 2026. For advice specific to your workplace, consult a qualified WHS practitioner or solicitor.