Review of Workplace Health and Safety laws in the construction industry

The national review of the Work Health and Safety (WHS) regulatory framework in the building and construction industry (the review) was completed in 2018.  The review was conducted by Seyfarth Shaw Australia with assistance from the former Department of Jobs and Small Business.

Date opened
Date closed

Background information

The former Department of Jobs and Small Business commissioned a review to examine the effectiveness of WHS laws in preventing the top three causes of fatalities in the industry: falls from heights or being hit by falling objects (40%), vehicle incidents (16%) and contact with electricity (12%).

The review also examined the performance of companies accredited by the Office of the Federal Safety Commissioner, including any aspects of the Australian Government Building and Construction WHS Accreditation Scheme, that could inform options to improve outcomes across the building and construction industry.

Principles for the review

The review was guided by the following principles:

  1. that the needs of all sectors within the building and construction industry are appropriately considered, particularly noting the high number of small businesses within the industry
  2. any recommended amendments to existing laws, regulations, codes or guidance material are to be supported by substantial evidence of their effectiveness in improving safety, enabling the development of any required Regulation Impact Statements, and
  3. that recommendations do not undermine the model WHS legislation and a harmonised approach to WHS.

The review process

An issues paper was released on 29 March 2018 and key building and construction industry stakeholders, including regulators and employer and employee representatives, provided written submissions and/or met with the reviewer.

Following completion of the review, the report was provided to Safe Work Australia to help inform the 2018 review of the model WHS laws.

Consultation papers

Terms of Reference for the Review of WHS laws in the construction industry

Issues Paper for the Review of Work Health and Safety Regulatory Framework in the Building and Construction Industry

Final report

Following completion of the review, the report was provided to Safe Work Australia to help inform the 2018 review of the model WHS laws.

Review of the WHS regulatory framework in the building and construction industry