Legislation & Code of Practice
Primary Legislation
WHS Regulation 2025 s.42
Requires PCBUs (employers) to ensure adequate first aid provisions are available at every workplace.
Code of Practice
SafeWork NSW — Code of Practice: First Aid in the Workplace (January 2020)
Provides practical guidance on how to comply with first aid obligations. While not mandatory, courts may reference CoPs as evidence of what is reasonably practicable.
First Aider Ratios
The number of trained first aiders required depends on your workplace risk level and headcount. New South Wales follows the Safe Work Australia Model Code of Practice ratios:
| Risk Level | Ratio | Min. | Examples |
|---|---|---|---|
| Low Risk | 1 per 50 workers | 1 | Offices, retail, libraries |
| High Risk | 1 per 25 workers | 1 | Factories, workshops, forestry |
| Remote High Risk | 1 per 10 workers | 1 | Remote convenience stores, freight transport |
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Quick Reference
Kit Inspection Interval
Regular checking recommended; CoP advises quarterly minimum. Nominate a person to maintain kits.
First Aid Certificate Validity
HLTAID011 Provide First Aid must be renewed every 3 years.
CPR Refresh Interval
HLTAID009 Provide CPR requires annual competency refresh.
Record Keeping
Register of Injuries must be kept. WHS Reg 2025 s.592 requires records kept for 5 years. Exposure records: 30 years.
First Aid Kit Requirements
Every workplace in New South Wales must have at least 1 first aid kit. Additional kits should be provided based on workplace size, layout, and hazards present.
Contents Standard
SafeWork NSW CoP: First Aid in the Workplace (Jan 2020), Appendix A
Kit contents are guidance-based (suggested, not mandatory). The Code of Practice provides a suggested minimum contents list that should be adapted based on your workplace risk assessment.
Training Requirements
First aiders in New South Wales must hold the following nationally recognised qualifications:
| Qualification | Code | Validity |
|---|---|---|
| Provide First Aid | HLTAID011 | 36 months (3 years) |
| Provide CPR | HLTAID009 | 12 months (annual refresh) |
These are units of competency under the Australian Qualifications Framework and must be delivered by a Registered Training Organisation (RTO).
Emergency Plan
✅ Required
WHS Regulation 2025 s.43 requires workplace emergency plan. Must include evacuation procedures, testing, and communication.
First Aid Room
A dedicated first aid room is recommended when your workforce exceeds:
Low-Risk Workplaces
Offices, retail, call centres
High-Risk Workplaces
Factories, construction, manufacturing
Automated External Defibrillators (AEDs)
💡 Recommended — Not Legally Required
Recommended where electrocution risk exists, ambulance delay likely, or large public numbers present. CoP recommends consideration in risk assessment.
Notifiable Incidents
WHS Act 2011 (NSW) Part 3 ss.35-39. Death, serious injury/illness requiring immediate hospital treatment, dangerous incidents. Must notify SafeWork NSW immediately by phone (13 10 50) and preserve the site.
Fire Safety
Emergency plan must address fire. Fire extinguisher training recommended for high-risk workplaces. AS 3745 compliance for evacuation.
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Sources & References
- SafeWork NSW — Code of Practice: First Aid in the Workplace (January 2020)
- WHS Regulation 2025 (NSW) s.42–43
- WHS Act 2011 (NSW) Part 3 — Incident Notification ss.35-39
- Safe Work Australia — Model Code of Practice: First Aid in the Workplace (July 2019)
- https://www.safework.nsw.gov.au/safety-starts-here/safety-overview/first-aid-in-the-workplace
- https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/first-aid
- https://www.safework.nsw.gov.au/safety-starts-here/physical-safety-at-work-the-basics/instruction-and-training
- https://www.safework.nsw.gov.au/resource-library/list-of-all-codes-of-practice
- https://www.safework.nsw.gov.au/safety-starts-here/safety-overview
- https://www.australiawidefirstaid.com.au/media/nsw-state-legislation?nocache=1
- https://www.australiawidefirstaid.com.au/student-information/nsw-legislation
- https://www.safework.nsw.gov.au/your-industry/education-and-training
This page is for general information only and does not constitute legal advice. Always consult SafeWork NSW or a qualified WHS professional for definitive compliance guidance. Last reviewed March 2026.
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