Regulation 39: WHS Information, Training and Instruction

Regulatory citation: Model Work Health and Safety Regulations, Chapter 3, Part 3.2, Division 1, Regulation 39 (Provision of information, training and instruction)

What Is Regulation 39 of the Model WHS Regulations?

Regulation 39 sets the general standard for the information, training and instruction a person conducting a business or undertaking (PCBU) gives its workers. It applies for the purposes of section 19 of the model WHS Act, the primary duty of care. It does not list courses or hours. Instead, it requires the information, training and instruction to be suitable and adequate for the work, its risks and the controls in place, and to be delivered in a way people can understand.

Many other parts of the model WHS Regulations add specific training duties for particular hazards, such as personal protective equipment, confined spaces, asbestos or construction induction. Regulation 39 is the baseline that applies across all work.

Why Regulation 39 Matters

Control measures only work if people know how to use them. A safe work procedure, a guard or a respirator gives little protection to a worker who has not been told why it is there or how to use it. Regulation 39 links training directly to the actual risks and controls of each job, rather than to a generic induction.

Core Obligations

1. Know Who Holds the Duty (r39(1))

The duty sits with the PCBU. It applies for section 19 of the Act, so it forms part of the primary duty to ensure, so far as is reasonably practicable, the health and safety of workers. Where more than one PCBU is involved, such as a labour hire agency and a host business, each should consult, cooperate and coordinate so that the worker receives what they need.

2. Make It Suitable and Adequate (r39(2))

The PCBU must ensure that information, training and instruction given to a worker is suitable and adequate. Suitable means it fits the worker and the task. Adequate means it is enough to let the worker do the job safely. A one-page sign-off sheet is unlikely to meet this standard for complex or high-risk work.

3. Match the Nature of the Work (r39(2)(a))

What is suitable depends on the nature of the work carried out by the worker. A warehouse picker, a maintenance electrician and a site supervisor need different content. Training should cover the tasks the worker actually performs, the equipment they use and the environment they work in.

4. Reflect the Current Risks (r39(2)(b))

Training must address the nature of the risks associated with the work at the time it is provided. When work changes, new plant arrives or a hazard is newly identified, earlier training may no longer be adequate. Refresher or change-specific training keeps the content current.

5. Cover the Control Measures in Place (r39(2)(c))

Workers must be told about the control measures implemented for their work, and how to use them. This includes engineering controls, safe work procedures, permits, emergency arrangements and any PPE. Knowing why a control exists makes it more likely to be used correctly.

6. Make It Readily Understandable (r39(3))

So far as is reasonably practicable, the information, training and instruction must be provided in a way that is readily understandable by any person to whom it is provided. Consider language, literacy, hearing or vision impairment and experience level. Interpreters, translated material, pictures and practical demonstrations can all help.

7. Apply the Specific Training Rules Too

Regulation 39 sits alongside more specific duties. For example, regulation 44(4) requires information, training and instruction on the proper use, wearing, storage and maintenance of PPE. Check the parts of the regulations that apply to your hazards, as they may set extra content or competency requirements.

Common Compliance Approaches

Build a Task-Based Training Matrix

List each role, the tasks it performs, the key risks and the controls. Map the training needed for each, and record who has completed it and when it is due for refresh.

Check Understanding, Not Just Attendance

Use practical demonstrations, short questions or supervised first tasks to confirm the worker can apply what they were told. Signing an attendance sheet does not show understanding.

Review Training When Things Change

Treat new plant, new chemicals, incidents, near misses and changed procedures as triggers to update content and retrain the people affected.

Example: Information and Training in Practice

A food processing business hires six new production workers through a labour hire agency, three of whom speak limited English. The host business and the agency agree who will deliver which parts of the induction. The host gives a site-specific induction covering the slicing line, its guarding, lockout steps and emergency stops, using an interpreter and photo-based work instructions. A supervisor watches each worker run the line before they work alone. When a new conveyor is installed a month later, the business runs a short briefing on the new isolation points and updates the work instructions.

Related regulations: WHS primary duty of care, WHS personal protective equipment, WHS construction induction (white card).

Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only have legal effect once a jurisdiction adopts them. Most states and territories have adopted them with some variations, which can include different wording or regulation numbers, while Victoria has not adopted the model WHS laws and has its own OHS laws. Amendments to the model laws apply only once a jurisdiction adopts them. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Does regulation 39 require formal accredited training?

Not by itself. It requires training that is suitable and adequate for the work, risks and controls. Some other regulations do require specific qualifications or licences, such as high risk work licences or construction induction.

Does regulation 39 apply to contractors and labour hire workers?

It applies to the PCBU in relation to its workers. Where workers are supplied by another business, both PCBUs may have duties, so they should consult, cooperate and coordinate on who provides which training.

How do I show training is readily understandable?

Consider the people being trained, then choose the format to suit them. Using plain language, interpreters, visual aids and practical checks, and recording those steps, helps show you have met regulation 39(3).