Can My Employer Make Me Get a DG Licence in NSW?

Yes. Your employer can require you to get a dangerous goods licence if your role involves transporting placard-load dangerous goods. It’s not optional, not flexible, and not a suggestion — it’s a legal obligation under the WHS Act and Chain of Responsibility legislation. Here’s why, who pays, what happens if you refuse, and what your rights are.

The Short Answer: Yes, Your Employer Can Require It

Under NSW workplace law, your employer has a legal duty of care to ensure safe work practices — and that includes ensuring that anyone transporting dangerous goods is properly licensed under the Australian Dangerous Goods Code. If your role is to drive a vehicle carrying a placard load of dangerous goods, your employer can, must, and legally should require you to hold a TLILIC0001 dangerous goods driver licence.

Under What Law Does This Happen?

Three pieces of legislation create the employer’s obligation:

• Work Health and Safety Act 2011 (NSW) — requires employers to ensure the health and safety of employees. Putting an unlicensed driver on dangerous goods transport fails this duty.
• Chain of Responsibility legislation (Road Transport Reform (Compliance and Enforcement) Act 1999) — makes employers, schedulers, consignors, and operators jointly liable for breaches of road transport rules. If a driver doesn’t have a required licence, the employer is in breach.
• Australian Dangerous Goods Code (ADG Code) — specifies when a DG driver licence is required. Drivers transporting placard-load goods must be licensed under TLILIC0001.

These three laws work together to create a legal obligation on the employer — not a preference, not a nice-to-have, but a mandatory requirement.

What Does “Chain of Responsibility” Mean for My Employer?

Chain of Responsibility (COR) is a federal compliance framework that creates shared liability across everyone involved in a transport operation. In practical terms: if you transport dangerous goods without a licence because your employer didn’t ensure you were licensed, the employer is liable for the breach — not just you as the driver.

An NHVR roadside inspection that catches an unlicensed driver is a breach against the employer. A serious incident (spill, crash) involving an unlicensed driver creates potential civil and criminal liability for the employer under COR law. This is why employers take DG licence requirements seriously — their business is on the line.

When Exactly Can an Employer Require a DG Licence?

Not every truck driver needs a DG licence. An employer can only require one if your role actually involves transporting dangerous goods at or above placard load. Here are the key scenarios:

If Your Job Requires Transporting Placard-Load DG

A placard load is a vehicle carrying dangerous goods in quantities that exceed the thresholds specified in the ADG Code. If your job description includes driving a tanker carrying flammable liquids, a rigid carrying a mixed pallet load of chemicals, or any vehicle transporting Class 1–9 goods at placard threshold, your employer can require a DG licence. And they should.

If You’re Changing Roles into a DG Transport Position

If you’re currently a general freight driver and your employer decides to move you into a DG transport role, they are required by law to ensure you get licensed before you start driving DG loads. They cannot ask you to transport dangerous goods without a licence “while you sort out the training.” The law doesn’t allow that transition.

Who Pays for the Course?

This is the question drivers ask most — and the answer is straightforward: the employer is legally required to pay.

The Legal Reality: Employer’s WHS Obligation

Under the WHS Act, the employer’s duty of care includes ensuring employees have the training and certification required for their role. A DG licence is part of that. Employers cannot shift the cost of a legally required qualification onto the employee. The training is a cost of complying with your legal obligations as an employer, not an employee expense.

In most cases, this is built into enterprise agreements or individual contracts — the employer covers the cost as a condition of employment or role change.

What If Your Award or Contract Doesn’t Specify?

If your employment contract or industry award is silent on who pays for DG training, the default legal position is still that the employer pays. The cost is a workplace safety cost, not an employee personal development cost. Fair Work Australia recognises this distinction.

What If Your Employer Won’t Fund It?

If your employer requires you to hold a DG licence but refuses to fund the training, you have options:

• File a claim with Fair Work Australia arguing that the employer is failing to provide the required training for your role
• Request the training in writing (email is fine) and document the refusal — this becomes evidence if a dispute arises
• Check your enterprise agreement or industrial award — many specify that employers must fund training for required qualifications

In practice, most employers fund DG training because the alternative — being exposed to COR liability — is far more expensive than the $600–$800 course fee.

What Happens If You Refuse to Get Licensed?

This is where it becomes serious — both legally and practically.

Can You Be Dismissed for Refusing?

Yes. If your employer requires a DG licence as a condition of your role, and you refuse to get licensed, the employer can terminate your employment. However, this is only permissible if:

• The employer gave you clear notice that the licence was a job requirement
• The employer gave you reasonable time to obtain the licence (at least 2–3 weeks, usually more)
• The employer gave you the opportunity to raise concerns or objections before termination

A summary dismissal (instant firing) for refusing to get licensed after one warning is unlikely to be upheld at the Fair Work Commission, but a managed dismissal with notice and opportunity to comply is legally defensible.

What Are Your Rights?

If you believe you are being unfairly dismissed for refusing to get a DG licence, you can lodge an unfair dismissal claim with the Fair Work Commission. The Commission will consider:

• Whether the licence was genuinely required for your role
• Whether the employer gave you reasonable notice and opportunity to comply
• Whether there were genuine health, safety, or other concerns preventing you from obtaining the licence
• Whether the dismissal was procedurally fair

However, if the licence is legitimately required for your role (e.g., you’re a DG tanker driver), and you refuse to get it after reasonable notice, the dismissal is unlikely to be found unfair.

How Quickly Can You Get a DG Licence?

This is the good news for employers and drivers — the timeline is short.

Timeline from First Contact to Licensed

Here’s a realistic timeline:

• Day 1–2: Enrol in course, pay course fee, organise booking
• Day 3–10: Attend 2-day face-to-face course (Kells runs courses every week at Wetherill Park and Wollongong)
• Day 11: Receive Statement of Attainment from the RTO
• Day 12–14: Submit EPA application with Statement of Attainment (Kells can assist with this)
• Day 15–21: EPA processes and issues your DG driver licence (usually 5–7 working days)

Total: 2–3 weeks from enrolment to holding a valid NSW DG driver licence. Many employers plan around this — giving 4 weeks’ notice before a driver needs to be licensed.

How Kells Can Speed Up the Process

As an RTO, Kells Safety Centre (RTO 91528) can run a course within days of your enrolment — often same week. We also handle the EPA application paperwork on your behalf, which eliminates delays caused by incorrect form submission. Our goal: get you from “no licence” to “roadworthy” in 2 weeks.

Employer Obligations: What Your Boss Must Do

Employers have specific obligations when requiring a DG licence:

• Provide written notice — tell the employee in writing that a DG licence is a job requirement
• Fund the training — cover the cost of the course and EPA application
• Allow time off — let the employee attend the 2-day course without penalty
• Support re-sits — if the employee doesn’t pass the assessment first time, most RTOs provide support at no extra cost. Employers should not penalise a driver for failing once.
• Update contracts — make the licence requirement clear in employment contracts so new hires understand it from the start

Fair Work Rights If Your Employer Won’t Fund Training

If your employer requires a DG licence but refuses to fund it, you have legal protections:

• You can lodge an underpayment claim — arguing that the cost of training is a legitimate employment cost that should not come from your wage
• You can lodge an unfair dismissal claim — if you’re dismissed for not getting licensed when the employer wouldn’t fund it
• You can contact your union — if you’re covered by a transport or logistics award, the union can assist with negotiations
• You can request a workplace determination — Fair Work can determine who should bear the cost

In almost every case we’ve seen, once an employer understands that the cost is legally their responsibility, they fund the training. The court costs and exposure of defending an unfair dismissal claim far outweigh the course fee.

Key Takeaways

• Yes — employers can require a DG licence if the role involves transporting placard-load dangerous goods
• It’s not optional — it’s a legal obligation under the WHS Act and Chain of Responsibility legislation
• Employers must fund the training — the cost is a workplace safety obligation, not an employee expense
• You can be dismissed for refusing — but only if given clear notice and reasonable time to comply
• The timeline is short — 2–3 weeks from enrolment to licensed is realistic
• If your employer refuses to fund it, you have legal options under Fair Work law
• Kells makes it fast — we run courses weekly and handle EPA paperwork for you

Frequently Asked Questions

Can my employer legally require me to get a dangerous goods licence?

Yes — but only if your role requires transporting placard-load dangerous goods. If your job includes DG transport, your employer can and must ensure you’re licensed under the WHS Act and Chain of Responsibility legislation.

Who pays for the DG licence course in NSW?

The employer must pay. A DG licence is a legally required qualification for your role, and the cost is a workplace safety cost under the WHS Act — not an employee personal development cost. If your employer refuses to fund it, you can lodge a claim with Fair Work Australia.

What if I refuse to get a DG licence my employer requires?

You can be dismissed for refusing — but only if the employer gave you clear notice, reasonable time to comply (at least 2–3 weeks), and opportunity to raise concerns. A summary dismissal without this process is unlikely to hold up if challenged at Fair Work.

Can I be fired for not having a DG licence if my job requires it?

Yes, if you refuse to get licensed after reasonable notice. However, you can challenge the dismissal at the Fair Work Commission if you believe it was unfair. If the licence is genuinely required and you refused it without good cause, the dismissal will likely be found fair.

How long does it take to get a DG licence after the course?

The course itself is 2 days. Your Statement of Attainment comes the same day. EPA processing of the licence application usually takes 5–7 working days. Total: 2–3 weeks from first contact to holding a valid licence.

Is a DG licence the same as hazmat certification?

No — DG licence is the Australian road transport qualification (TLILIC0001). Hazmat is a broader international term. Some workplaces (airports, ports) may require hazmat certification in addition to a DG licence. Check with your employer whether you need both.

What should I do if my employer refuses to fund the training?

Contact Fair Work Australia or your union (if you’re covered by an award). You can lodge an underpayment claim or request a workplace determination. The cost of training for a legally required qualification should not come from the employee.

Does my employer have to give me time off to do the course?

Yes — if the DG licence is a job requirement, your employer must allow you to attend the 2-day course without penalty. They cannot dock your pay or treat the training as personal leave.

What happens if I transport DG without a licence at my employer’s request?

Both you and your employer are in breach of the ADG Code. If caught at a roadside inspection, you can be prosecuted, and your employer faces Chain of Responsibility liability. Don’t do it — the employer’s legal obligation is to ensure you’re licensed before you transport any DG.

How long is a DG licence valid for?

A NSW DG driver licence is valid for 5 years from the date of issue. You must renew it before it expires. Kells Safety Centre provides renewal training and assistance.

For further regulatory guidance, refer to Safe Work NSW and the NSW EPA Dangerous Goods Licences page.