Australian workers could gain stronger health and safety protections under a major review of the model work health and safety (WHS) laws, which recommends reforms to enforcement, worker representation and emerging workplace risks.
Released by Safe Work Australia, the Best Practice Review of the model Work Health and Safety (WHS) laws makes 21 recommendations aimed at strengthening national consistency and ensuring legislation keeps pace with changing workplaces. The review comes after 222 workers died from traumatic workplace injuries in 2025, the highest annual workplace death toll since 2012.
For Victorian workers, the findings raise questions about whether our state is keeping pace with WHS developments elsewhere in Australia.
Recommendations from the review include:
· elevating the risk management approach at Part 3.1 of the WHS Regulations into the WHS Act to ensure that the hierarchy of control measures applies to the management of psychosocial risks
· strengthening health and safety representatives (HSR) powers, training entitlements and consultation rights in line with various state legislation
· giving unions greater scope to pursue serious safety breaches when regulators do not act
Other proposals would limit non-disclosure agreements that impede safety investigations and prevent insurance or indemnity arrangements from covering the legal costs of people facing WHS prosecutions.
The review calls for national strategies to address artificial intelligence and emerging digital technologies, climate change, and harmful workplace behaviours. These would tackle risks including workplace surveillance, work intensity, extreme heat, poor air quality, violence and harassment.
The review also recommends new industry-specific Codes of Practice, initially prioritising retail, education and training, agriculture, and construction. The review found strong support for harmonised laws, while warning that jurisdictional differences can undermine regulatory consistency and workplace safety cultures.
Although Victoria helped shape the national model WHS framework, it continues to operate under its own Occupational Health and Safety Act 2004, historically regarded as providing superior rights and powers for workers and their representatives. However, Victorian Trades Hall Council (VTHC) argues that Victoria can no longer assume it leads the nation in all aspects of workplace safety, with other jurisdictions having introduced measures that go further in protecting workers and empowering their representatives.
Victoria’s record on safety reform raises questions about whether the state has done enough to maintain its position as a national leader in worker protection. With 11 of the past 15 years under Labor governments, there is a strong case for greater progress in strengthening workers’ rights and safety protections.
There are also concerns that Victoria’s safety regulator has been slow to respond to changes in the workplace. As emerging technologies, psychosocial hazards and climate-related risks reshape working life, timely regulatory action is required to ensure legislation and enforcement keep pace, and that workers are not left exposed to preventable harms.
This review provides an opportunity for our government to address these gaps - but recommendations alone will not improve safety. Meaningful legislative reform, responsive regulation, effective enforcement and genuine worker participation will be essential if Victoria is to reclaim its position as a national leader and ensure workers receive the strong protections they deserve.
Read more: Best Practice Review of the model Work Health and Safety laws | Safe Work Australia