Work Health and Safety Requirements (WHS)

What are WHS Requirements in Government Procurement?

Work Health and Safety (WHS) requirements are the safety standards, policies, and compliance obligations that government agencies impose on suppliers as a condition of tendering and contract performance. In Australia, WHS is governed by harmonised legislation across most states and territories (based on the model Work Health and Safety Act 2011), with the notable exceptions of Victoria (which retains its own Occupational Health and Safety Act 2004) and Western Australia (which adopted the harmonised laws in 2022).

What WHS Information Do Tenders Require?

Government tenders typically require tenderers to provide evidence of their WHS capability through Returnable Schedules and supporting documentation, including:

• WHS management system — documented policies, procedures, and risk management frameworks
• Safety certifications — such as ISO 45001 (Occupational Health and Safety Management) or equivalent accreditation
• Incident history — lost time injury frequency rates (LTIFR), workers’ compensation claims history, and any notifiable incidents
• Safe work method statements (SWMS) — for high-risk construction work
• Training records — evidence that workers hold required licences, tickets, and safety inductions
• Insurance — current workers’ compensation insurance certificates

Why Do Government Agencies Prioritise WHS?

Government agencies have both legal and ethical obligations regarding WHS:

• Person Conducting a Business or Undertaking (PCBU) — under WHS legislation, agencies that engage contractors retain duties of care and can be held liable
• Reputational risk — safety incidents on government projects attract public scrutiny
• Policy requirements — most jurisdictions have government-specific WHS policies that go beyond legislative minimums
• KPI frameworks — safety performance is often a tracked metric in government contracts

Prequalification and WHS

Many agencies require suppliers to hold safety Prequalification before they can tender for certain work:

• Federal Safety Commissioner (FSC) — mandatory accreditation for suppliers to Commonwealth-funded construction projects above certain thresholds
• State prequalification schemes — various state-based schemes for construction and maintenance contractors

Tips for Tenderers

• Invest in your WHS system — a well-documented, actively managed safety system is a competitive advantage in government tendering.
• Maintain accurate incident records — agencies will scrutinise your safety history; transparency is better than gaps.
• Obtain relevant certifications — ISO 45001 or equivalent accreditation demonstrates commitment to safety.
• Keep training records current — expired licences or missing induction records can make your bid non-conforming.