When must a WHSO be appointed?
Employers and principal contractors who are in control of workplaces must appoint a qualified person as the WHSO if '30 or more workers are normally employed at the workplace'.
This statement means; during the current year, at least 30 workers are employed or are likely to be employed, at the workplace for a total of any 40 days during the year. This is regardless of whether the workers are on different shifts during the day and not working at the one time.
In relation to construction work, the principal contractor must appoint a qualified person as the WHSO:
- if 30 or more persons work at the workplace during any 24 hour period; or
- if the principal contractor built at least 30 domestic premises during the previous financial year; or
- in another circumstance prescribed under a regulation.
If there are less than 30 workers at the workplace, the employer or principal contractor are not required to appoint a WHSO but are strongly encouraged to do so to ensure that health and safety obligations are met.
For example a company (employing over 30 workers) may have branches all over the State but if each branch employs less than 30 workers during any 24-hour period a WHSO is not required.
Last updated June 29, 2006
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