WHS Prosecutions Are on the Rise in 2025: Don't Let Your Business Be Next

If you think workplace safety is just about wearing a hi-vis vest and hoping for the best, think again. In 2025, Australian workplace safety regulators are cracking down harder than a tradie on a meat pie at smoko. With a surge in WHS prosecutions, it's high time businesses got their safety ducks in a row.

Why Are WHS Prosecutions Increasing in 2025?

Several key drivers are behind the increase in prosecutions this year:

• Strengthened legislation: States and Territories have toughened up on enforcement, introducing or reinforcing Industrial Manslaughter provisions. This means large fines and possible imprisonment.

• Public pressure after workplace tragedies: High-profile incidents in 2024–2025 have spurred public demand for accountability, prompting regulators to act swiftly and visibly.

• More inspectors, more audits: Agencies like Safe Work Australia have been granted more resources, and they’re using them — ramping up site visits, issuing notices, and launching legal proceedings at record rates.

📍 Real-World Example: Concreter Fined After Worker Struck in Stomach

One clear example came in May 2025, when Borelli Concrete Pumping Pty Ltd was fined $72,000 after a worker was struck in the abdomen by a concrete pump hose, resulting in significant internal injuries.

According to SafeWork SA, the worker had not been properly trained for the task, and there was no documented Safe Work Method Statement (SWMS) in place that covered the specific hazards of the job. Investigators found that the business failed to adequately assess the risks associated with the concrete pour and failed to ensure that controls were implemented to prevent foreseeable injuries.

👉 Read the full case at SafeWork SA

This prosecution sends a clear message to small and medium construction operators: “if it’s not documented, it didn’t happen.” Without a compliant SWMS, training records, and a risk assessment tailored to the site and task, your business is flying blind — and that can cost you dearly.

Understanding Your WHS Legal Obligations

Under the WHS Act, every Person Conducting a Business or Undertaking (PCBU) has a duty of care to ensure the health and safety of workers. This includes:

• Identifying and managing risks

• Consulting with workers on safety matters

• Maintaining accurate safety documentation

• Providing necessary training and supervision

Neglecting these obligations can lead to hefty fines or even criminal charges. Remember, ignorance of the law is no excuse — unless you're a cat, and even then, it's a stretch.

Common Documentation Failures That Lead to Legal Action

Regulators aren’t just nitpicking forms — they’re investigating whether businesses have taken real steps to protect workers. Unfortunately, many prosecutions stem from failures that are entirely preventable. These include:

• Outdated or missing SWMS for high-risk work

• No documented risk assessments or hazard identification

• Poor induction and training records — especially for contractors

• Incomplete or missing incident reports

• No evidence of consultation with workers, which is a legal requirement under WHS laws

One of the most sobering examples of what can go wrong occurred in February 2021, but has resulted in prosecution in 2025 — proving that WHS breaches can catch up with employers years later.

📰 Services Australia Charged Over Violent Incident

In a shocking case, Services Australia was charged under the WHS Act after a Centrelink employee was stabbed multiple times by a client inside a Canberra service centre. The attack left the worker with serious injuries and significant psychological trauma.

Investigators found multiple systemic failings:

• Inadequate security measures: Despite previous violent incidents and known client behaviour issues, risk assessments did not lead to sufficient controls (such as more staff or better screening).

• Poor communication: Internal alerts about the attacker’s escalating behaviour were not passed on effectively to frontline workers.

• Failure to review: Earlier incidents weren’t properly investigated or followed up with updated safety plans.

👉 Read the article from Canberra Times

This case is a chilling reminder that WHS laws don’t just apply to tradies or factories — they apply everywhere. Whether it’s a construction site or a government office, businesses and agencies have a legal duty to assess risks, consult workers, and document how they’re protecting people.

And if you’re thinking, “That’s just a one-off,” remember: failures to document risks or respond to near misses can open you up to legal action — even years later.

What Regulators Are Looking For

During inspections, regulators expect to see:

• An active WHS Management System or OH&S Management System

• Documented risk assessments and control measures, including SWMS

• Records of worker consultations

• Evidence of training and inductions

• Ongoing review and improvement processes

Think of it as a safety audit, not a treasure hunt — though finding all your documents in one place might feel like striking gold. All of these are components of our WHS Management Systems and OH&S Management Systems (both in accordance with AS/NZS ISO 45001).

High-Risk Industries Being Targeted

Certain sectors are under increased scrutiny due to higher incident rates:

• Construction

• Logistics & Warehousing

• Manufacturing

• Health & Aged Care

• Mining & Energy

If your industry is on this list, it's not because regulators have a vendetta — it's because the risks are real, and the consequences can be severe.

How to Prepare for a WHS Audit in 2025

Here's a quick checklist to ensure you're audit-ready:

• ✅ Is your WHS Management System or OH&S Management System up to date?

• ✅ Are your SWMS and risk assessments current and site-specific?

• ✅ Have all workers completed relevant training and documented inductions?

• ✅ Do you maintain records of worker consultations?

• ✅ Are incident reports properly filed and investigated?

A well-organised Safety Management System isn't just about compliance — it's about protecting your most valuable asset: your people.

The Cost of Non-Compliance

Let’s be blunt — non-compliance isn’t just risky, it’s expensive. And we’re not just talking about fines.

Take the case of Silver Raven Pty Ltd, which was hit with a $180,000 fine after a worker was seriously injured due to equipment failure. The incident, which occurred during a routine task, could have been prevented with proper maintenance records, up-to-date training, and a clear risk assessment.

Another recent example involved a Queensland company fined after a high-pressure water blasting accident. A young worker suffered significant injuries when they lost control of a blasting hose during a poorly supervised job. Investigations revealed the company had no Safe Work Method Statement (SWMS) in place for the activity, and inadequate controls were implemented to manage the risk of operating high-pressure equipment.

👉 Read the full story at Holding Redlich

The court found the company failed to provide a safe system of work and lacked appropriate training and supervision protocols — all of which are fundamental duties under the WHS Act. The company was fined $80,000, but the real damage goes beyond dollars.

Here's what else non-compliance costs:

• 🔻 Reputational Damage

• 🔻 Operational Disruptions

• 🔻 Legal & Insurance Costs

As the old saying goes:

“If you think safety is expensive, try having an accident.”
Or worse — try explaining it to a judge.

Our Ready-to-Use WHS Systems Can Help

At Occupational Safety Solutions, we offer trade or industry-specific AS/NZS ISO 45001 WHS Management Systems and OH&S Management Systems that are:

• ✅ Expertly written and compliant with current legislation and standards

• ✅ Customisable to suit your business, clients, and sites

• ✅ Designed for fast implementation and audit readiness

• ✅ Backed by phone and email support

👉 Explore our Safety Management Systems

Call to Action

Don't wait for a visit from a safety inspector. Call for a free consultation with our safety experts today, and let’s make sure your business is compliant, protected, and confidently prepared.

👉 Call us today on 1800 304 336

Remember, safety isn't just a box to tick — it's a commitment to your team and your business.
And if you ever feel overwhelmed, just take it one step at a time.

After all, how do you eat an elephant?
One bite at a time.
(Though to be clear — we do not endorse elephant consumption.)

Stay safe out there!