WHS for sole traders and small builders in Australia
There's a common belief that work health and safety law is only for big companies. It isn't. Under the WHS laws, a sole trader is a PCBU — a person conducting a business or undertaking — with the same primary duty of care as a large builder, scaled to the size and risk of the work.
What you actually have to do
Manage the risks of your work so far as is reasonably practicable; hold a White Card and any high-risk work licences your work needs; prepare a SWMS for high-risk construction work; keep your public liability insurance current; and, if you bring anyone else on — even casually — meet your duties to them too.
Where sole traders get caught out
The usual gaps are a generic SWMS that doesn't match the job, lapsed insurance, and no evidence of the checks that were actually done. On a managed site, a principal contractor will ask for all of it before you start — and “I know it's safe” isn't the same as being able to show it.
Keep it proportionate
Small business compliance shouldn't mean a filing cabinet of paperwork. A single place that holds your SWMS, tickets, licences and insurances, with reminders before anything expires, is enough to meet the duty and win work — without hiring a safety manager.
Questions, answered
Am I really a PCBU if I'm a sole trader?
Yes. The WHS laws define a PCBU broadly, and a sole trader conducting a business is one. The duties scale to the size and risk of what you do, but they apply from day one.
Do I need workers' compensation as a sole trader?
A sole trader with no employees generally can't cover themselves under workers' compensation and should look at personal accident or income protection instead. If you take on workers, workers' compensation obligations apply — check the rules in your state.
Compliance that fits a small business
Complys gives sole traders and small builders a simple way to hold their SWMS, White Cards, licences and insurances in one place — free for 90 days.
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