Every workplace in New South Wales is legally required to provide accessible first aid equipment, facilities, and trained first aiders. Understanding the exact requirements under NSW law is critical for business owners, site managers, and safety officers to remain compliant and more importantly, to keep workers safe.
The Legal Framework in NSW
First aid obligations in New South Wales are governed by two key instruments:
- Work Health and Safety Act 2011 (NSW) the primary legislation establishing duty of care obligations for all persons conducting a business or undertaking (PCBUs)
- Work Health and Safety Regulation 2025 (NSW), Section 42 the specific regulatory provision mandating the duty to provide first aid
- Code of Practice: First Aid in the Workplace (January 2020) SafeWork NSW’s practical compliance guide, which carries legal weight as an approved code
Under Section 42 of the WHS Regulation 2025, every PCBU must ensure that first aid equipment is provided, that each worker has access to that equipment, and that adequate numbers of trained first aiders are available. Effective 1 January 2026, the updated NSW WHS Regulation reinforces these obligations with additional detail around remote and multi-employer workplaces.
| Key Legal Principle: Providing a first aid kit is not optional. Failure to comply can result in improvement notices, significant fines, and personal liability for officers under the WHS Act 2011. |
Who Must Comply?
The term ‘Person Conducting a Business or Undertaking’ (PCBU) is intentionally broad. It captures all modern working arrangements including:
- Employers running offices, retail shops, warehouses, or factories
- Sole traders working with any employees or contractors
- Labour hire companies responsible for workers they place
- Builders, developers, and principal contractors on construction sites
- Remote and mobile businesses including transport operators and field service workers
Where multiple businesses share a workplace for example, a construction site with multiple sub-contractors first aid resources including first aiders, kits, and facilities may be shared, provided each worker can readily access them.
Determining Your First Aid Requirements in NSW
SafeWork NSW requires every PCBU to carry out a first aid risk assessment. The assessment must consider:
- The nature of the work being performed at the workplace
- The hazards specific to that workplace chemical, mechanical, electrical, biological, thermal, or physical
- The size of the workplace and the number of workers present at any one time
- The location of the workplace and its proximity to emergency medical services
- Shift patterns, overtime arrangements, and seasonal workforce changes
The outcome of this assessment determines how many kits are required, what those kits must contain, and how many trained first aiders must be on site at any given time.
First Aid Kit Numbers: How Many Do You Need?
NSW follows a risk-based model for determining kit numbers. The Code of Practice provides the following guidance:
| Risk Level | Kit Requirement | Examples |
|---|---|---|
| Low Risk | 1 kit per 10–50 employees; 1 additional per 50 employees up to 200 | Offices, libraries, retail shops, art galleries |
| High Risk | 1 kit per up to 25 employees; additional kits with specific modules per 50 | Construction, factories, workshops, warehouses |
| Remote / Isolated | Enhanced kit with additional supplies; portable kits for vehicles | Remote work sites, lone workers, mobile trades |
First Aider Ratios in NSW
The number of trained first aiders required at a NSW workplace depends on the risk level of the work:
| Workplace Type | Ratio | Examples |
|---|---|---|
| Low Risk | 1 first aider per 50 workers | Retail, offices, libraries |
| High Risk | 1 first aider per 25 workers | Factories, workshops, construction |
| Remote / High Risk | 1 first aider per 10 workers | Remote service stations, long-distance freight |
These ratios apply during all hours of work, including night shifts, overtime, and out-of-hours operations. Where it is not practical to have a trained first aider on site, workers must have a clear, documented means of accessing a first aider such as a pre-arranged agreement with a nearby medical practice or neighbouring business.
First Aid Kit Contents Requirements NSW
SafeWork NSW does not prescribe a rigid list of required items. Instead, the Code of Practice specifies that kits must be capable of treating the injuries likely to occur at that specific workplace. At a minimum, NSW workplace first aid kits should be capable of treating:
- Cuts, scratches, punctures, grazes, and splinters
- Muscular sprains and strains
- Minor and moderate burns
- Amputations and major bleeding wounds
- Broken bones and fractures
- Eye injuries
- Shock
Extra equipment must be provided in remote workplaces or workplaces with specific hazards, including items for serious burns, breathing difficulties, and allergic reactions.
First Aid Kit Storage & Accessibility Requirements
Under NSW law, first aid kits must meet the following accessibility standards:
- Clearly marked with the internationally recognised white cross on a green background (per AS 1319-1994 safety signage standard)
- Stored in a location that is visible and accessible to all workers not locked away unless there is a specific security reason, in which case key holders must be clearly identified and communicated
- Positioned close to areas of higher injury risk within the workplace
- Kept in a container that protects contents from dust, moisture, and contamination
- Contain a current contents list so workers can identify items
Maintenance and Inspection
NSW workplaces must ensure first aid kits are regularly inspected and maintained. Best practice and an expectation under the Code of Practice includes:
- Audit all kit contents at least every 12 months
- Immediately restock items used after an incident
- Check expiry dates on saline, antiseptic wipes, eye wash, and medications at each inspection
- Record inspections on a card kept in or near each kit, noting the date, inspector, and items replaced
First Aider Qualifications
In NSW, a first aider must hold a nationally recognised qualification issued by a Registered Training Organisation (RTO). The standard qualification requirements are:
- HLTAID011 Provide First Aid: Standard qualification valid for 3 years
- HLTAID009 Provide Cardiopulmonary Resuscitation (CPR): Must be refreshed annually
- HLTAID014 Provide Advanced First Aid: Required for high-risk or remote environments and larger workplaces
| Did You Know? Under the updated WHS Regulation 2025, NSW workplaces with remote or isolated workers must ensure those workers have a suitable means of communicating with emergency services and accessing first aid at all times this includes after-hours shifts and mobile worksites. |
Common Compliance Failures in NSW
SafeWork NSW inspectors commonly find the following issues during workplace visits:
- Expired consumables antiseptic wipes, saline sachets, and eye wash beyond their use-by date
- Empty or partially stocked kits that have not been replenished after use
- Kits that are locked or inaccessible without clear communication of key holders
- Missing or outdated signage directing workers to the kit location
- No trained first aider on site during high-risk activities
- Kit contents that do not match the workplace’s actual hazard profile
Key Legislation & Resources
- Work Health and Safety Act 2011 (NSW): www.legislation.nsw.gov.au
- WHS Regulation 2025 (NSW), Section 42: SafeWork NSW website
- Code of Practice: First Aid in the Workplace (January 2020): SafeWork NSW
- SafeWork NSW First Aid Overview: www.safework.nsw.gov.au/safety-starts-here/safety-overview/first-aid-in-the-workplace