Under WHS laws, businesses must maintain a range of records relating to risk management, worker health, and high-risk activities. Failure to comply can result in significant penalties.

 

Who is responsible?

In most cases, the obligation to create and retain WHS records rests with the person conducting a business or undertaking (PCBU). 

Record-keeping requirements are primarily set out in the Model Work Health and Safety Regulations, which have been adopted (with some variations) across most Australian jurisdictions.

Note: Requirements and regulation numbers may differ slightly depending on your State or Territory. Victoria operates under separate legislation.

 

Penalties for non-compliance

Failure to keep required WHS records can result in financial penalties. Penalties are typically higher for companies than individuals. Penalty units are indexed and regularly updated. 

Note: Avoid relying on fixed dollar values. Check current penalty unit rates in your jurisdiction.

 

Key record-keeping requirements

Confined spaces 
Concerning work in confined spaces, PCBUs must:

  • keep written risk assessments in writing for at least 28 days after the work it relates to is completed. 

  • retain records for 2 years if a notifiable incident occurs

  • keep training records for 2 years

  • retain entry permits until the work is completed

High-risk work 

PCBUs must keep a record of the written evidence provided to the PCBU that a worker has the relevant licence or required competencies to do the work. Records must be retained for at least 1 year after the work is performed, or 1 year after supervision ends.

 

Electrical equipment and electrical installations 

PCBUs must keep testing and inspection records until the next test, or the disposal/removal of equipment. 

Additionally PCBUs must retain risk assessments for energised electrical work for 28 days, or 2 years if a notifiable incident occurs and ensure records are accessible to workers and inspectors.

Residual current device (RCD) testing records must also be retained until the next test or disposal.

 

Safe Work Method Statements (SWMS)

For high-risk construction work, a SWMS must be prepared before work begins and be kept until the work is completed.

 

Plant 

For certain high-risk plant (e.g. with safeguarding systems), records must be kept of  inspections and testing, maintenance and alterations, and commissioning and decommissioning.

Retention periods vary but may include 5 years, the life of the plant, or until control of the plant is transferred. 

 

Hazardous chemicals 

PCBUs must maintain:

  • a hazardous chemicals register

  • a manifest (for certain high-risk chemicals)

  • testing and maintenance records for fire protection systems

Health monitoring records for exposure to hazardous chemicals must be kept for at least 30 years (confidentially stored). 

 

Lead 

Where workers are engaged in lead risk work, PCBUs must conduct and retain health monitoring records and comply with specific retention and notification requirements. 

 

Asbestos 

PCBUs must maintain an asbestos register, an asbestos management plan, training records (minimum 5 years) and health monitoring records (long-term retention required).

 

Air-borne contaminants 

Results of the monitoring of air-borne contaminant levels must be kept for at least 30 years. 

 

General diving work 

Dive plans, dive safety logs, and risk assessments relating to general diving work must be kept for prescribed periods.

 

Practical tips for employers

To ensure compliance with the relevant WHS Regulation in your jurisdiction, PCBUs should:

  • Identify applicable regulatory requirements (e.g. WHS Regulation 2025 (NSW))

  • Maintain a centralised record system

  • Track retention periods (many extend to 30 years)

  • Ensure records are accessible, secure and confidential where required

  • Periodically audit WHS documentation

 

Bottom line

WHS record‑keeping obligations are imposed under the Work Health and Safety Regulations (as adopted in each jurisdiction). Different hazards and activities carry specific, and sometimes long-term, record retention requirements. Failure to comply can result in regulatory penalties, increased liability and difficulties managing incidents and claims.