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HSWA 2026 | What Changes for Small Businesses

The Health and Safety at Work Amendment Act 2026, which received Royal Assent in July 2026 and comes into force on 1 April 2027, aims to reduce compliance burdens for small businesses while encouraging greater focus on serious workplace risks. A key reform is the expanded use of Approved Codes of Practice (ACOPs), intended to provide clearer guidance on what legal compliance requires.

For well-managed businesses, however, the practical impact may be limited. Organisations dealing with machinery, vehicles, electricity, hazardous substances, construction, or working at height will still be required to eliminate or minimise risks so far as is reasonably practicable. The amendments do not create a new category of “critical risks”; businesses remain responsible for identifying and controlling hazards capable of causing serious harm.

Although the reforms encourage businesses to prioritise significant risks over minor hazards, this principle already exists under the concept of reasonable practicability. The greater issue may be excessive paperwork and low-value compliance activities rather than poor management of serious hazards.

The evidence supporting major legislative change is also debatable. While the reforms seek to reduce uncertainty and compliance costs, there is limited evidence that businesses were systematically neglecting serious risks while over-managing trivial ones.

Overall, the amendments are unlikely to require major operational changes for businesses already managing significant risks effectively. Ultimately, reducing workplace harm will depend more on leadership, accountability, appropriate resource allocation, and organisational culture than legislative wording alone.

How do I handle a Worksafe visit?

“A Worksafe visit can only be bad news” – is the common reaction to Worksafe visit.

Practical Tips During a WorkSafe Visit.
1. Engage H&S advisors – their guidance can help interpret inspector queries and prepare accurate responses.
2. Control access – ensure visitors (INCLUDING THE WORKSAFE INSPECTOR) follow induction procedures and safety requirements.
3. Document everything – have up-to-date documentation ready: risk assessments, training records, and incident logs.
4. Staff awareness – ensure employees know hazard and incident reporting procedures and emergency protocols.
5. Preserve safety evidence – for serious events, secure the area and gather supporting materials like photos or CCTV.
6. Respond appropriately – follow advice, improvement, or prohibition notices promptly with documented actions.

To be fair a Worksafe visit is the regulator is checking compliance or investigating a serious incident. But it also serves to provide businesses with visibility on their health.
However, the level of experience of inspectors is varied and turnover high so they are not always right. If they stop your work or ask you to do something silly – don’t hesitate to take advice.