NSW introduces on-the-spot fines for WHS offences

NSW introduces on-the-spot fines for WHS offences, giving SafeWork NSW inspectors new powers to issue penalty notices for electrical safety breaches and asbestos offences under an amendment to the Work Health and Safety Act.

The updated rules allow inspectors to issue on-the-spot fines for work carried out near overhead powerlines, with prescribed offences attracting a fine of $3,600 for a corporate body and $720 for an individual.

Why SafeWork NSW Is Cracking Down on Electrical Safety

Head of SafeWork NSW, Natasha Mann, said the change reflects a growing concern around electrical incidents on worksites across Australia.

“In the past two and half years, SafeWork NSW has responded to more than 1,000 workplace incidents involving workers coming into contact with electricity, two of which resulted in fatalities,” Ms. Mann said.

“The most common risks associated with electrical work include contact with overhead powerlines, underground services and unsafe wiring that includes temporary wiring, installations, and electrical equipment.”

What This Amendment Means for Risk Management

For businesses, this amendment signals a shift toward stronger enforcement of health and safety obligations on site. Effective risk management now requires closer attention to electrical hazard controls, not just after an incident occurs, but as part of everyday operational planning.

Sound safety management practices should already address common exposure points, including:

• Contact with overhead powerlines during construction or maintenance activity
• Underground services struck during excavation work
• Unsafe wiring, temporary installations and faulty electrical equipment

Businesses that fail to embed these controls into daily safety management systems face a heightened risk of on-the-spot penalties, alongside the broader safety consequences of electrical incidents.

Strengthening Safety Management on Site

Robust safety management starts with clear documentation and consistent site practices. Tools like a Digital JSA - Job Safety Analysis Template can help teams identify electrical hazards before work begins, supporting compliance with the updated WHS requirements.

Principal contractors managing multiple trades on complex sites may also benefit from a structured Construction Site Management Pack for Principal Contractors, which centralises safety management documentation across a project.

For businesses performing high-risk tasks such as spot welding near live electrical infrastructure, a dedicated Spot Welding SWMS supports safer task planning and clearer accountability for workers on site.

Broader Health and Safety Management Considerations

Electrical hazards rarely exist in isolation. Equipment maintenance and chemical handling procedures often intersect with electrical safety management, particularly where machinery, wiring and hazardous substances share the same work areas.

Businesses reviewing their broader safety management framework may find it useful to reference an SOP for Equipment Maintenance alongside an SOP for Chemical Handling & Storage, ensuring consistent safety management across every operational area, not just electrical work.

Recognising Strong WHS Management Across NSW

SafeWork NSW's push for stronger enforcement sits alongside recognition of businesses demonstrating strong safety management. Organisations interested in benchmarking their own performance can review coverage of the SafeWork NSW WHS Excellence Showcase, alongside similar initiatives such as the WorkSafe Victoria WHS Awards.

Mine operators should also note related compliance obligations covered in our article on the deadline for NSW mine operators submitting annual WHS reports, which highlights how safety management extends well beyond general construction settings.

Key Takeaway for Businesses

This amendment reinforces that safety management is no longer just about incident response, it's about proactive compliance. Businesses across construction, manufacturing and healthcare sectors should review current practices now, well ahead of any SafeWork NSW site visit, to ensure workers remain protected and penalty exposure stays minimised.

Read more here.