Are contractors workers under the WHS Act?

Yes. A contractor or subcontractor, and an employee of a contractor or subcontractor, is expressly a worker under s7 of the model WHS Act. Being engaged under a contract for services rather than as an employee makes no difference to your WHS status. You owe the worker's duties under s28, and the PCBU you carry out work for owes you the primary duty of care under s19.

Are volunteers covered by WHS law?

Yes. A volunteer is expressly included in the definition of worker in s7 of the model WHS Act. Even though you are unpaid, you carry out work for the organisation, so you are a worker and are owed the primary duty of care under s19, and you owe the worker's duties under s28. One nuance: a "volunteer association" — an organisation made up only of volunteers with no employees — is generally not a PCBU, and a volunteer cannot be prosecuted for failing to comply with a PCBU's or an officer's duties.

Is a visitor a worker under the WHS Act?

No. A visitor, customer or member of the public who is at a workplace but does not carry out work there is not a worker. They are an "other person at a workplace" under s29 and owe a lesser duty than a worker — take reasonable care for their own and others' safety, and comply, so far as they are reasonably able, with reasonable safety instructions.

What WHS duty do I owe as a worker?

As a worker you owe the worker's duties under s28 of the model WHS Act: take reasonable care for your own health and safety, take reasonable care that your acts or omissions do not adversely affect the health and safety of others, comply with reasonable health and safety instructions, and cooperate with reasonable health and safety policies and procedures. The PCBU still owes you the primary duty of care under s19 at the same time.

Am I a Worker Under WHS Law? Status Checker

Q: Am I a worker under WHS law?

Almost certainly, if you do any work for a business. The definition of worker in s7 of the model Work Health and Safety Act is deliberately broad: you are a worker if you carry out work in any capacity for a person conducting a business or undertaking (a PCBU). That covers employees, contractors and subcontractors, employees of a contractor, labour-hire workers, outworkers, apprentices and trainees, work-experience students, and volunteers. As a worker you owe the worker's duties under s28, and the PCBU owes you the primary duty of care under s19.

Check whether you are a worker, a volunteer or another person under the WHS Act, and what health and safety duties apply to you.

Last verified: 21 June 2026

The definition of worker in s7 of the model Work Health and Safety Act is deliberately broad. You are a worker if you carry out work in any capacity for a person conducting a business or undertaking (a PCBU) — including as an employee, a contractor or subcontractor, an employee of a contractor, a labour-hire worker, an outworker, an apprentice or trainee, a work-experience student, or a volunteer. Almost everyone who does work for a business is a worker. A worker owes the worker's duties under s28, and the PCBU owes the worker the primary duty of care under s19, regardless of how the worker is engaged. The main exception is a visitor or member of the public who does not carry out work — they are an other person at the workplace under s29 and owe a lesser duty. Choose how you are engaged to see your status and the duties that apply.

How are you engaged at the workplace?

Choose how you work at the business to see whether you are a worker under the model Work Health and Safety Act, the duty you owe, and the duty the business owes you. The definition of worker is very broad, so most people who do work are workers. This is general information, not legal advice.

Your WHS status

You are a worker

What this means: An employee carries out work for a PCBU, so you are a worker under s7. "Worker" is the broadest category in WHS law and an employee is the most direct example of it.
The duty you owe: You owe the worker's duties under s28: take reasonable care for your own health and safety, take reasonable care that what you do (or fail to do) does not adversely affect others, comply with reasonable health and safety instructions, and cooperate with reasonable health and safety policies and procedures.
What the business owes you: The person conducting the business or undertaking (the PCBU) owes you the primary duty of care under s19. It must ensure your health and safety, so far as is reasonably practicable, regardless of how you are engaged — the duty is owed to every worker, not just to direct employees.
Why — citation: "Worker" is defined broadly in s7 of the model Work Health and Safety Act; the worker's duties are in s28 and the PCBU's primary duty of care is in s19.

Victoria and Western Australia: This reflects the general position under the model Work Health and Safety Act, adopted in NSW, QLD, SA, TAS, ACT, NT, WA and by the Commonwealth (Comcare). Victoria is not part of the harmonised scheme: the Occupational Health and Safety Act 2004 (Vic) uses "employer" and "employee" rather than "PCBU" and "worker", so who is covered is framed differently. Western Australia adopted the model WHS Act (the Work Health and Safety Act 2020 (WA)) but with some local variations. Check the Act that applies in your state or territory.

This is general information, not legal advice. Whether you are a worker, and the duties that apply, depend on your exact role and circumstances. Confirm your position under the work health and safety law that applies to you, or with a qualified adviser, before relying on it.

To see every WHS role — PCBU, officer, worker or other person — and the duty each owes, run the WHS Duty Holder Classifier. Or visit the Safety Hub for the full WHS tool set.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

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