Model WHS Laws

We created the model WHS laws in 2011.

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Read our Codes of Practice

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You have specific duties if you: 

  • are a person conducting a business or undertaking (PCBU) 

  • are a principal contractor 

  • are a crane designer, manufacturer, importer or supplier 

  • are a crane owner 

  • have management or control of a crane 

  • have management or control of a workplace where a crane is used 

  • use a crane 

  • inspect a crane 

People can have multiple WHS duties and more than one person can have the same duty. Consulting and identifying risks together can help find efficiencies and better ways to manage risks

The model WHS Regulations have duties that apply to the use of cranes. This includes managing risks of plant and falls from height.  

As a PCBU, you must, so far as is reasonably practicable:  

  • Ensure the health and safety of workers and others at your workplace  

  • Consult with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter, and 

  • Consult cooperate and coordinate activities with all other relevant duty holders. 

You must eliminate or minimise risks related to cranes at the workplace, so far as is reasonably practicable.  

The model Code of Practice: Managing the risks of plant in the workplace guides you on performing plant-related WHS duties. 

High risk work licences 

You need a high risk work licence to use some cranes, including certain types of: 

  • tower crane 

  • self-erecting tower crane 

  • derrick crane 

  • portal boom crane 

  • bridge and gantry crane 

  • vehicle loading crane 

  • non-slewing mobile crane 

  • slewing mobile crane 

Contact your WHS regulator for more information on types of cranes and licensing, including who is eligible for a crane licence and how to get one. 

Crane registration 

Some cranes, and parts of cranes, need registration. Workers must not use these cranes if they’re not registered. 

Part 2, Schedule 5 of the WHS regulations lists items of plant that need registration. 

To register a crane: 

  • a design verifier verifies the crane’s design (and again, if something changes on the design) 

  • a competent person inspects the crane and states the crane is safe to operate. 

Inspecting cranes  

A competent person must perform crane inspections and testing cranes. They are usually an engineer.  

This includes: 

  • regular inspection and testing on items of plant 

  • major inspection on registrable mobile cranes and tower cranes 

  • inspection and testing required for plant item re-registration. 

Inspection and testing must use: 

  • the manufacturer’s instructions 

  • a competent person’s specifications, according to relevant technical standards and engineering principles (if manufacturer’s instructions are not available) 

More information on crane inspection and maintenance is in the Guide to inspecting and maintaining cranes.  

The Model Code of Practice: Tower cranes guides your responsibilities associated with tower cranes. It applies to all workplaces where tower cranes are used, stored or erected.

Cranes not in use 

You must make sure a crane is left as safe as possible if unattended, parked or stored. A crane should not be left unattended unless: 

  • loads are removed 

  • the hook is out of the way 

  • power has been turned off 

  • starting device is locked.


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Further Advice

SWA is not a regulator and cannot advise you about WHS issues in the workplace. If you need help please contact your state or territory work health and safety authority.

SWA does not regulate or enforce WHS laws, provide training, or issue, replace or renew licences. We cannot advise you about crane compliance. If you want to know how WHS laws apply to you, contact your WHS regulator.