OHS Regulations 2017 (Vic)

TL;DR

The Occupational Health and Safety Regulations 2017 (Vic) are the subordinate legislation under the OHS Act 2004 (Vic). The Act sets duties at a high level; the Regulations set the operational detail every employer on a Victorian construction site needs. Key residential-builder triggers: reg 322 lists 19 categories of high-risk construction work (HRCW; one more than the national model list), reg 327 sets the Safe Work Method Statement (SWMS) obligation, regs 308 onwards cover plant safety, and Parts 5-6 set out hazard-specific controls (asbestos, lead, hazardous chemicals). Victorian builders need this regulation, not the harmonised WHS Regulation, as the operational source of truth.

Where it sits

Layer	Document	What it does
Act	OHS Act 2004 (Vic)	High-level duties (employer/employee), offences
Regulations	OHS Regulations 2017 (Vic)	Operational detail: HRCW, SWMS, plant, hazards, induction
Compliance codes	WorkSafe Vic published codes	Specific recommended approaches
Guidance	WorkSafe Vic industry pages	Non-binding interpretation

The Regulations cover what the OHS Act keeps at high level.

Key residential-construction regulations

reg 322: High-risk construction work (HRCW) categories

Victoria’s OHS Regulations 2017 list 19 categories of HRCW (the national model lists 18; Victoria adds one). The categories include:

Work where there is risk of fall ≥2 m.
Work on telecommunication tower.
Work involving demolition.
Work involving disturbance of asbestos.
Work involving structural alteration that requires temporary support.
Work in or near a confined space.
Work in or near a shaft or trench >1.5 m deep.
Work involving the use of explosives.
Work on or near pressurised gas distribution mains or piping.
Work on or near chemical, fuel or refrigerant lines.
Work on or near energised electrical installations.
Work in an area that may have contaminated or flammable atmosphere.
Work involving tilt-up or precast concrete.
Work on or adjacent to roadways or railways used by road or rail traffic.
Work at workplaces where there is movement of powered mobile plant.
Work in areas with artificial extremes of temperature.
Work in or near water or other liquid involving risk of drowning.
Diving work.
Work involving structural alteration of a load-bearing element. (Victorian-specific addition.)

For each HRCW category, a SWMS is required.

reg 327: SWMS for HRCW

For any HRCW listed in reg 322, an SWMS must be:

In writing.
Identify the work, hazards, control measures.
Reviewed by workers doing the work.
Available on site at the time the work is done.
Reviewed and updated if conditions change.

Penalty for SWMS breach: up to ~$36k for an individual, ~$180k for a body corporate (indicative 2026 indexed). Plus exposure to OHS Act s32 / s39G if conduct is reckless or causes death.

Parts 5-6: Hazard-specific controls

Part	What it covers
Part 4.4	Demolition
Part 5	Workplace activities (induction, training, supervision)
Part 6	Plant (cranes, scaffolds, mobile plant)
Part 7	Hazardous chemicals
Part 8	Asbestos
Part 9	Major hazard facilities (rarely residential)
Part 10	Mines and quarries (rarely residential)

Other key regulations for residential

Regulation	What it covers
Regs 25-28	Hazard management process
Regs 30-31	First aid arrangements
Regs 168-174	Confined spaces
Regs 180-190	Falls (work at heights)
Regs 200-220	Plant safety
Regs 251-340	Asbestos
Regs 350-365	Lead

Enforcement

WorkSafe Vic inspectors can issue:

Notice	What it does
Improvement notice	Direct duty holder to fix breach within stated time
Prohibition notice	Stop work immediately on specific activity
Non-disturbance notice	Preserve scene for incident investigation
Infringement notice	On-the-spot fine for specific breaches
Prosecution	Under the OHS Act 2004 (Vic) ss21, 23, 32, 39G

Differences from the harmonised WHS Regulation

Aspect	Vic OHS Regulations 2017	Model WHS Regulation 2017 (NSW, Qld, etc.)
Terminology	Employer/employee	PCBU/worker
HRCW categories	19 (with extra Vic-specific load-bearing element work)	18
Principal contractor threshold	$350,000+ for principal contractor designation (under separate Building Act provisions)	$250,000 (NSW WHSR reg 293)
SWMS rule	Reg 327	Reg 299 (NSW)
Induction	Part 5 regs and OHS Act framework	Reg 317 (NSW)
Plant	Part 6	Various regs (different numbering)

The substance of duties is broadly equivalent; the structure and numbering differ. Builders crossing state lines need to learn both numbering systems.

Common builder issues

Treating Vic site like a NSW site: using NSW WHS Reg references in documentation; doesn’t satisfy the Vic regulations.
No SWMS for HRCW on Vic site: reg 327 breach. Infringement + risk of s32 / s39G if conduct reckless.
HRCW category 19 (Vic-specific load-bearing element work) missed: a NSW builder unfamiliar with Vic’s extra category doesn’t SWMS for it.
Confined space work without entry permit: regs 168-174 framework breach.
Asbestos work without licensed asbestos contractor: Part 8 framework breach (for friable asbestos, Class A licence required; for non-friable, Class B).

For builders

Use Victorian-specific SWMS templates if you operate in Vic. Don’t import NSW WHS templates.
Brief your trades on the 19 Vic HRCW categories, not just the 18 model categories.
Maintain WorkSafe Vic-compliant induction and sign-on procedures.
Engage a Victorian OHS adviser if your primary operation is in NSW or Qld and you cross into Vic occasionally.

References

OHS Regulations 2017 (Vic) full text: https://content.legislation.vic.gov.au (verified 2026-05-15).
WorkSafe Victoria: https://www.worksafe.vic.gov.au (verified 2026-05-15).