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Navigating Work Health and Safety Obligations
Work Health and Safety (WHS) laws in New South Wales impose strict obligations on businesses, directors, and workers. Failing to comply can result in significant penalties, reputational damage, and, in serious cases, criminal prosecution.
At Maguire & McInerney, we assist businesses across Wollongong, the Illawarra region, and greater NSW to understand their obligations, manage risk, and respond effectively when issues arise.
WHS Advice and Compliance
Maintaining a safe workplace is not just a legal requirement—it is essential to the ongoing success of your business. We provide practical advice to help you meet your obligations and reduce the risk of incidents and regulatory action.
Our team can assist with:
- Reviewing workplace policies and procedures
- Advising on WHS compliance obligations
- Risk management and incident response strategies
- Guidance for directors and officers on due diligence duties
- Ensuring alignment with industry-specific safety requirements
We focus on providing clear, commercially practical advice that helps you operate with confidence.
Responding to WHS Incidents and Investigations
When a workplace incident occurs, the way you respond can significantly impact the outcome. Early legal advice is critical to ensure compliance with reporting obligations and to protect your position.
We assist clients with:
- Responding to workplace incidents and serious injuries
- Managing interactions with SafeWork NSW
- Preparing for inspections and investigations
- Advising on notices, including improvement and prohibition notices
- Protecting your legal position during regulatory processes
Our goal is to guide you through what can be a stressful and complex process with clarity and confidence.
WHS Prosecutions and Defence
WHS prosecutions can have serious consequences for businesses and individuals, including substantial fines and potential imprisonment.
Our experienced team provides strong representation in defending WHS prosecutions, including matters brought by SafeWork NSW. We work strategically to achieve the best possible outcome, whether through negotiation or court proceedings.
We assist with:
- Defending WHS charges in NSW courts
- Advising on potential liability and exposure
- Developing defence strategies
- Representing businesses, directors, and individuals
- Managing reputational and operational risks
Our Approach to WHS Matters
At Maguire & McInerney, we combine legal expertise with a practical understanding of how businesses operate—particularly in high-risk industries such as construction.
We aim to:
- Resolve matters efficiently where possible
- Minimise disruption to your business
- Provide clear, actionable advice
- Deliver strong representation when litigation is required
Whether you need proactive compliance advice or urgent assistance following an incident, our team is here to support you.
Get Advice from Experienced WHS Lawyers
WHS matters can escalate quickly, and early legal advice can make a significant difference to the outcome.
If you need assistance with WHS compliance, investigations, or prosecutions, contact our team today to discuss your situation.
Steps To Get Started
FAQs
WHS stands for Work Health and Safety and has replaced the old term of Occupational Health Safety (OHS).
The employer is responsible for creating and maintaining a safe and hazard-free workplace. If your employer is not upholding their responsibilities, reach out to the Maguire & McInerney team to see how we can help.
WHS is important as it can minimise the risk of injury or illness in the workplace, as well as improve the productivity and effectiveness of employees.
What Our Clients Say
