Work Health & Safety (WHS) Regulation in Australia
Duty of Care
In Australia persons conducting a business or undertaking (PCBU) have legal and ethical obligations to protect the health, safety and well-being of their employees and other persons at their workplace.
The Commonwealth, States and Territories have developed, and are responsible for implementing, laws and regulations about WHS, and Occupational Health & Safety (OHS).
Information about WHS laws and regulations can be found at Safe Work Australia using this link to their website.
Safe Work Australia also publishes model codes of practice, which are practical guides formeeting WHS obligations, including in terms of managing psychosocial hazards at work and sexual and gender-based harassment. https://www.safeworkaustralia.gov.au/law-and-regulation/codes-practice.
It is essential that you consult laws and regulations relevant your state or territory.
Key PCBU responsibilities include (but are not limited to):
- Regularly identify, assess, mitigate and manage workplace risks.
- Provide and maintain a safe and healthy working environment, including safe access to and exit from the workplace.
- Provide safety training for, supervision of and ongoing support for employees.
- Implement policies and procedures to address personal issues such as harassment, bullying and psychological well-being.
- Consult with workers about safety measures and maintain open communication so employees feel comfortable reporting their WHS concerns.
- Take reasonable steps for employee safety during business travel.
- Inform the WHS regulator in respect of notifiable incidents.
Officers, such as company directors, have a duty to exercise due diligence to ensure the PCBU complies with WHS laws. PCBUs and officers can be personally prosecuted for failing to uphold their WHS responsibilities. Employers can also be held vicariously liable for the acts and omissions of employees, such as where an employee’s negligence causes harm to another person.
Employees also have responsibilities for their own safety and to not adversely affect the safety of other workers. They must follow reasonable WHS procedures and report hazards. They have rights to refuse unsafe work.
Adult Stores – Consideration of Additional Security Measures
Bricks and mortar adult stores often operate during evenings and on weekends,
outside of regular retail trading hours. PCBUs should implement robust security and safety measures to protect their staff and premises, such as:
- Install security cameras in-store and where possible cover all entrances and
parking areas. - Install a panic button / hold-up alarm linked directly to local police.
- Provide all staff with wearable personal alarms connected to a private security service.
- Display security signage (such as “CCTV in use”) to deter opportunistic crime.
- Provide staff with the phone numbers and other contact details of managers
and other employees nominated to address WHS and security incidents. - Schedule check-ins for staff closing stores alone during the evenings.
- Establish discreet code words for staff to use during phone calls or messages that alert and identify a problem occurring in the store, or to signal distress.
- Conduct regular audits and tests of all safety devices and security measures.
Repair or replace security equipment, refine procedures and document results and corrective actions. - Develop, document and regularly review all safety procedures, and conduct
regular staff training in safety procedures and the use and maintenance of
safety equipment. - Create clear protocols for staff who feel unsafe or encounter threatening
behaviour – for example loitering customers, inappropriate questions, or
repeated visits without purchases. - For stores operating outside of regular retail trading hours and located in high risk areas away from shopping precincts or in areas with low levels of after-hours foot traffic – where feasible install electronic door locks or buzz-in systems to control entry and give staff time to assess customers before
granting access.
Eros has received a recommendation for a business that provides security system
solutions. If you would like their details, please email manager@eros.org.au
This information is provided for Eros members only.
Eros General Manger – Graeme Dunne manager@eros.org.au 0423 443 039 Last reviewed: 24 February 2026
