The obligation
Employers must ensure, so far as is reasonably practicable, that non-employees are not exposed to health or safety risks from the employer's undertaking.
Section 23 requires an employer to ensure, so far as is reasonably practicable, that persons other than its employees are not exposed to risks to their health or safety arising from the conduct of the employer's undertaking. The penalty is 1800 penalty units for a natural person and 9000 penalty units for a body corporate. The offence is indictable, although it may be heard and determined summarily.
- What
- Employers must ensure, so far as is reasonably practicable, that non-employees are not exposed to health or safety risks from the employer's undertaking.
- Source
- content.legislation.vic.gov.au
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Frequently asked questions
Which WHS law does this come from?
Employer duties to people who are not employees is a WHS requirement set out in Occupational Health and Safety Act 2004 (VIC). The relevant provision is Part 3 > Division 2 > s 23 § 23.
What does this WHS obligation require?
Employer duties to people who are not employees is a WHS obligation under Occupational Health and Safety Act 2004 (VIC). In short, Employers must ensure, so far as is reasonably practicable, that non-employees are not exposed to health or safety risks from the employer's undertaking.
What changed recently?
Employer duties to people who are not employees was last updated on 16 October 2026.