The Commencement of the Work Health and Safety Regulation 2025 (NSW)

Under the Subordinate Legislation Act 1989 (NSW), regulations are subject to automatic repeal after a set period unless they are remade. This process ensures that laws remain current, relevant, and effective.

The Work Health and Safety Regulation 2017 was scheduled for repeal on 1 September 2025, prompting SafeWork NSW to undertake a comprehensive review and consultation process. As a result, the Work Health and Safety Regulation 2025 commenced on 22 August 2025.

Why was the regulation remade?

The key objectives of the remake include:

• Improving clarity of regulatory requirements;
• Removing outdated or redundant provisions; and
• Aligning licensing, training, and supervision standards, particularly in high-risk industries such as demolition and asbestos removal.

What has changed?

While the 2025 Regulation largely continues the framework of the 2017 version, several important updates have been introduced:

1. Modernised Drafting Standards: Language and formatting have been updated to align with NSW Parliamentary Counsel’s Office standards. Provisions are now referred to as sections rather than clauses.
2. Clearer Jurisdictional Notes: NSW-specific requirements are now more clearly marked. For example, workplaces storing more than 25,000 kg of lithium batteries must lodge documentation with SafeWork NSW.
3. Enhanced Licensing and Training Standards: High-risk sectors such as demolition and asbestos removal face stricter requirements.
4. Psychosocial Risk Management: Strengthened provisions require businesses to identify and manage psychosocial hazards in the workplace.
5. Training Provider Authorisation: SafeWork NSW now has powers to authorise training providers and courses, and to charge applicable fees.
6. Streamlined Compliance: Outdated or duplicative rules have been removed to reduce complexity and improve compliance efficiency.

Potential impact

Businesses should take proactive steps to align with the updated Work Health and Safety Regulation 2025. This includes reviewing and updating internal policies to reflect the new terminology and section references, ensuring compliance with NSW-specific requirements, particularly for high-risk activities, and confirming that licensing, supervision, and training standards meet the revised expectations. Additionally, organisations must address their obligations around psychosocial risk management, which are receiving increased regulatory attention.

Stricter licensing and training requirements in sectors such as demolition and asbestos removal may prompt insurers to reassess policy wordings and client risk profiles. Non-compliance could expose businesses to enforcement action and jeopardise insurance coverage, especially where policies stipulate adherence to current legislation. Companies that fall short of these new compliance benchmarks may be categorised as higher risk, potentially facing increased premiums, reduced coverage limits, or more restrictive policy conditions.

Ultimately, staying ahead of these regulatory changes is key to making sure businesses stays insurable and can keep running smoothly as risks and requirements become more demanding.