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Question and answerEXC-OQA-0443

What OSH training must employers provide to workers in Australia?

excodex editorial teamAustralia

Part of: Occupational safety and health in Australia: law, authorities and employer duties

Short answer

WHS laws set no national minimum hours. The PCBU must give suitable, understandable information, training, instruction and supervision; specific rules add construction induction, high risk work licences, HSR courses (5 days plus 1 day yearly) and hazard training.

There is no fixed national syllabus or minimum number of hours. Under the model Work Health and Safety (WHS) laws the person conducting a business or undertaking (PCBU) must provide the information, training, instruction and supervision needed to protect people from the risks of the work, in a form they can understand. Specific regulations then add mandatory courses, cards and licences for particular work.

Short answer

  • General duty: section 19(3)(f) of the WHS Act and regulation 39: training must suit the work, its risks and the controls, and be readily understandable (language, literacy).
  • Construction: general construction induction training before any construction work (regulation 317), often called the "white card".
  • High risk work: a high risk work licence for classes such as scaffolding, dogging and rigging, cranes, forklifts and boilers (regulation 81, Schedule 3).
  • Health and safety representatives (HSRs): on request, a regulator-approved initial course of 5 days and 1 day of refresher training each year, chosen by the HSR, with paid time off within 3 months of the request and fees paid by the PCBU (section 72, regulation 21).
  • Hazard-specific: for example PPE use, confined spaces, hazardous chemicals, asbestos and crystalline silica.
  • Victoria has an equivalent general duty to provide information, instruction, training and supervision (OHS Act 2004, section 21(2)(e)).

The general duty in practice

The law does not prescribe topics or hours for routine OSH training, unlike Türkiye's training regulation. Instead the PCBU must judge what is "suitable and adequate" having regard to the nature of the work, the risks at the time, and the controls in place (regulation 39). That normally means:

  • a site induction covering hazards, emergency procedures, incident and hazard reporting, consultation arrangements and who the HSRs are;
  • task training on safe work procedures, plant and PPE before the worker does the task, and supervision until competent;
  • refresher or retraining when procedures, plant or risks change, or when monitoring or incidents show the training is not working.

Consultation with workers is required when deciding the procedures for providing information and training (WHS Act, section 49).

Training and licences named in the regulations

SituationRequirementCommonwealth WHS Regulations 2011
Any construction workGeneral construction induction training card (or, while the card is pending, a certification issued in the last 60 days); training again if it was completed more than 2 years ago and the worker has done no construction work in the last 2 years316 to 317
High risk workHigh risk work licence for the class of work81, Schedules 3 and 4
Personal protective equipmentInformation, training and instruction in proper use and wearing, storage and maintenance44
Confined spacesInformation, training and instruction on hazards, controls, PPE, entry permits and emergency procedures; training records kept 2 years76
Hazardous chemicalsSupervision needed to protect the worker, on top of the general training duty in regulation 39379
Crystalline silica substancesCrystalline silica training for workers involved in, or exposed by, high risk processing; record kept 5 years after the worker leaves529CD
First aidAdequate number of trained first aiders or access to them42

High risk work licences are issued by the regulator after training and assessment against the qualifications in Schedule 4. Asbestos removal work also requires licensing of the business and trained workers.

Example: A Turkish contractor brings 20 fitters to a refinery shutdown in Western Australia. Before construction work starts, each fitter needs general construction induction training. Crane operators and riggers need the right class of high risk work licence; a Turkish operator certificate is not a licence. The contractor then delivers a site induction in a language the workers understand, task training for confined space entry and gas testing, and supervision for new starters. If the crew elects an HSR, the HSR may choose an approved 5-day course and the contractor pays.

Comparison with the EU and Türkiye

The EU Framework Directive 89/391/EEC requires adequate training at recruitment, transfer, new equipment or technology, repeated periodically where necessary. In Türkiye, Article 17 of Law No. 6331 requires training before work starts, on a change of job, workplace or equipment and at regular intervals, and the training regulation made under it fixes minimum hours and renewal periods by hazard class. Australia defines the outcome and names specific licences instead.

Common mistakes

  • Assuming an overseas qualification replaces an Australian high risk work licence.
  • Delivering induction only in English to workers who cannot follow it; the law requires training to be readily understandable.
  • Refusing an HSR's chosen approved course because of cost; the PCBU must pay.

Related on excodex

Standards and further reading

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.

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Part of: Occupational safety and health in Australia: law, authorities and employer duties

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