How long do I have to keep health monitoring records?

You must keep a worker's health monitoring records for at least 30 years after the record is made (reg 378 of the model Work Health and Safety Regulations). Asbestos health monitoring reports must be kept for at least 40 years (reg 444). The same 30-year minimum applies to air monitoring results (reg 50). The PCBU pays for the monitoring and keeps the reports as a confidential record.

How long do I keep a record of a notifiable incident?

You must keep a written record of a notifiable incident — a death, a serious injury or illness, or a dangerous incident — for at least 5 years from the day you give notice of the incident to the regulator (s38 of the model Work Health and Safety Act).

Do I have to keep a hazardous chemicals register for a set number of years?

No. A hazardous chemicals register and its Safety Data Sheets have no fixed retention period. You keep them live and current for as long as the chemicals are used or stored at the workplace, and keep them readily accessible to workers. The common five-year figure is the maximum interval for reviewing a Safety Data Sheet (a supplier must review an SDS at least every 5 years) — it is not a retention period.

How long must I keep a Safe Work Method Statement (SWMS)?

Keep a Safe Work Method Statement until the high-risk construction work it covers is complete. If a notifiable incident occurs in connection with the work the SWMS relates to, keep the SWMS for at least 2 years from the day the incident occurs (reg 303 of the model WHS Regulations).

Do record-keeping rules differ in Victoria and Western Australia?

Yes. These periods come from the model WHS Regulations, which NSW, Queensland, South Australia, Tasmania, the ACT and the Northern Territory adopt. Victoria sits under the Occupational Health and Safety Act 2004 (Vic) and Western Australia under the Work Health and Safety Act 2020 (WA), so some record-keeping details differ. Check your regulator.

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Different work health and safety records have very different retention periods. Health monitoring and air monitoring records must be kept for at least 30 years, a notifiable incident record for at least 5 years, and a hazardous chemicals register is kept live while the chemicals are in use rather than for a set number of years. Pick a record type to see the rule and its source.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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