Model WHS Laws

We created the model WHS laws in 2011.

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Read our Codes of Practice

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Person conducting a business or undertaking duties 

A PCBU (usually an employer) is responsible for eliminating or minimising the risk from fatigue at work as much as reasonably can.

To do this they should prevent workers becoming fatigued (which can harm their health) as well as managing increased risks from fatigued workers (e.g. increased risk of a crash if fatigued workers are driving or operating machinery). PCBUs must:

  • eliminate or minimise fatigue risks as much as you reasonably can.
  • consult workers and any health and safety representatives (HSRs) about fatigue risks and how you will manage them.
  • consult, cooperate and coordinate with other businesses you work with where you both have duties to manage fatigue.  

The model Code of Practice: Managing the risk of fatigue at work has practical information on managing fatigue and meeting your WHS duty. 

Worker duties

Workers must:

  • take reasonable care of their own health and safety (e.g. making sure they use the opportunities they have to sleep, so they are fit for work)
  • take reasonable care not to harm the health and safety of other people (e.g. don’t drive if fatigued)
  • comply with reasonable health and safety instructions (e.g. following an instruction to take regular breaks), and
  • co-operate with reasonable WHS policies or procedures that they have been notified of (e.g. follow policies for working second jobs or tell their boss if they are fatigued).

The workers fact sheet has general information about fatigue and fatigue management for workers. 


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Further Advice

SWA is not a regulator and cannot advise you about WHS issues in the workplace. If you need help please contact your state or territory work health and safety authority.