Health and Safety Reform
Health and safety reform is moving from policy debate to practical workplace impact. This article outlines the key changes introduced by the Health and Safety at Work Amendment Act 2026, including what they mean for small businesses, critical risk management, co-operation between duty holders, and the new approved codes of practice regime.
The Health and Safety at Work Amendment Act 2026 passed into law on 9 July 2026 and is set to come into force on 1 April 2027, giving businesses time to understand the reforms and prepare for the practical changes ahead.
The implementation period should be used to identify which parts of the business may fall within the amended duties, update internal responsibility maps, and plan any policy or training changes needed before commencement.
Small Businesses
A core aspect of the legislation is reduced health and safety obligations for small persons conducting a business or undertaking (PCBU). Small PCBUs are those who have less than 20 workers carrying out work for at least 9 months of the year. Small businesses will only have a duty to manage critical risks, rather than all risks.
In practice, small PCBUs should still identify which hazards in their workplace meet the definition of a critical risk and ensure those risks are actively controlled, monitored, and reviewed.
Critical Risks
The Act introduces ‘critical risks’ being hazards that can result in death, occupational disease, harm to mental health or a notifiable, injury, illness or incident.
Co-operation
PCBUs sharing health and safety duties must now cooperate and coordinate activities, not just consult. Obligations apply on a dual speed basis by business size, from 1 April 2027.
Small PCBUs (fewer than 20 workers) must cooperate and consult on critical risks only, those capable of causing death, serious injury, or serious illness. Cooperation on other risks is optional.
Large PCBUs (20 or more workers) must cooperate, consult, and coordinate across all risks, so far as reasonably practicable.
Mixed workplaces are subject to standard expectations bridging the two regimes, with the option of formal written cooperation agreements.
Employers should factor business size into shared-site and contractor arrangements ahead of commencement.ACOPs
The Act introduces a new regime for Approved Codes of Practice (ACOPs), practical guidance issued to help PCBUs and workers meet their health and safety duties. From 1 April 2027, parties other than the regulator, including industry groups, unions, worker representatives, employer organisations, and sector representatives, will be able to develop their own ACOPs for specific work practices. These must be submitted to WorkSafe, which decides whether they meet the criteria for Ministerial approval.
Where a PCBU follows an approved code of practice, it is treated as having met its HSWA obligations in respect of the health and safety risk that code addresses.
Looking Ahead
Our team can help you assess how the Health and Safety at Work Amendment Act 2026 will affect your business, identify any changes needed to your policies, processes, training, and governance arrangements, and develop a practical plan to prepare before the Act comes into force. Please contact us if you would like tailored advice or support with reviewing and updating your health and safety framework.
Disclaimer: This article provides general information about employment, health and safety, and related legal issues. It is not legal advice and should not be relied on for a specific situation. Please seek legal advice before making decisions about your workplace.
