Does the law require me to reach the top of the hierarchy of controls?

No, not regardless of practicability. Elimination is required only so far as reasonably practicable (reg 35). If elimination genuinely isn't reasonably practicable, reg 36 sets out the order for minimising the remaining risk instead — the hierarchy is an ordered preference qualified by the s18 reasonably practicable test, not an absolute duty to reach the top rung no matter the cost or difficulty.

What is the exact order of the hierarchy of controls?

Six levels. Eliminate the risk so far as reasonably practicable (reg 35) — a separate, prior duty. Only if that isn't reasonably practicable does reg 36 apply, in order: (a) substitution, (b) isolation, (c) engineering controls; then, if risk remains, administrative controls; then, if risk still remains, personal protective equipment (PPE).

Can I just use PPE because it's cheaper than an engineering control?

Only if the higher-order controls genuinely aren't reasonably practicable. Under s18, cost only defeats a higher-order control if it is grossly disproportionate to the risk — being the cheaper option isn't, on its own, a valid reason to skip a rung. You'd need to be able to show why substitution, isolation and engineering controls weren't reasonably practicable first.

Does reg 36 apply the same way in every Australian state?

Reg 34-36 is the model WHS Regulations numbering used in NSW, Queensland, SA, Tasmania, ACT, the NT and the Commonwealth. Victoria runs the OHS Act 2004 with its own numbering — the same elimination-then-ordered-controls concept applies, but don't cite 'reg 36' for a Victorian workplace. WA also runs its own WHS Act 2020 numbering that hasn't been separately verified here.

Hierarchy of Controls Selector

Work down the hierarchy of controls for any workplace hazard and see how many higher-order controls you must justify skipping under the WHS Regulations.

Last verified: 26 July 2026Jump to calculator ↓

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