Work Health and Safety Requirements in Australia for 2026

As Australia enters 2026, employers and safety officers must stay vigilant in implementing and adapting to updated Work Health and Safety (WHS) obligations. WHS laws across Australia are governed by the model WHS Act and supported by WHS Regulations and Codes of Practice, which are adopted by each state and territory. The national policy is shaped by Safe Work Australia, while individual regulators enforce the rules on the ground.

Ongoing Duty to Provide a Safe Workplace

At the foundation of WHS laws is the primary duty of care for Persons Conducting a Business or Undertaking (PCBUs). This duty requires PCBUs to ensure, so far as is reasonably practicable, the health and safety of workers and others affected by their work. This includes:

• Identifying hazards and assessing risks in all work activities.
• Implementing control measures, using the hierarchy of controls.
• Maintaining and reviewing controls to ensure ongoing effectiveness.
• Consulting with workers about WHS issues and risk management.

Failure to meet these duties can result in significant penalties and enforcement action by WHS regulators.

Regulatory Updates Taking Effect in 2026

Psychosocial Hazards and Mental Health

Mental health and psychosocial hazards — such as bullying, excessive job demands, fatigue, poor organisational change management, and harassment — are now explicitly part of WHS risk management in many jurisdictions. New codes of practice and updated guidance seek to help duty holders identify and control these risks, with practical steps to prevent both psychological and physical harm.

Sexual and Gender-Based Harassment Code of Practice

From March 2025, a national Code of Practice on Sexual and Gender-Based Harassment came into effect. Employers must take proactive steps to prevent harassment (in person or online) and to establish appropriate controls, handling, and reporting processes.

Indexation of Penalties

Under recent changes, penalties under the WHS Act are indexed annually to reflect economic conditions. This means fines for breaches increase regularly, making compliance even more critical for PCBUs and officers.

Industry and Hazard-Specific Requirements

Workplace Exposure Standards

Australia is transitioning from Workplace Exposure Standards (WES) to Workplace Exposure Limits (WEL) for airborne contaminants. While WEL won’t apply until 1 December 2026, employers must still comply with current WES limits and prepare for the transition to the new limits, which may be stricter and align more closely with international benchmarks.

State and Territory Regulation Changes

Several jurisdictions have updated or remade their WHS Regulations to clarify duties and operations:

• New WHS Regulations commenced in NSW in August 2025 with updated procedural requirements and risk management duties, including strengthened psychosocial risk provisions.
• The ACT has revised multiple WHS Codes of Practice effective from late 2025 to reflect national model updates, covering noise, confined spaces, construction work, and risk controls.

Practical Steps for WHS Compliance in 2026

To meet WHS requirements in the new year, PCBUs and safety officers should focus on the following:

Conduct comprehensive risk assessments

Evaluate physical, chemical, biological, and psychosocial hazards. Document risks and apply the hierarchy of controls to eliminate or minimise them.

Review and update WHS documentation

Ensure policies, procedures, and codes of practice references are current and aligned with 2026 Regulations. Update safety management systems accordingly.

Train and consult with workers

Engage workers on WHS issues, ensure they understand hazards and controls, and involve them in risk management and continuous improvement efforts.

Prepare for WEL transition

Review your chemical exposure assessments and adjust controls in anticipation of WEL adoption from December 2026.

Plan for emergency and first aid readiness

Establish emergency plans, maintain first-aid resources, and conduct regular drills consistent with business.gov.au guidance.

Enforcement and Culture

Regulators in each state and territory will continue to enforce WHS laws through inspections, notices, and potential prosecutions for non-compliance. Promoting a proactive safety culture, where workers feel empowered to raise concerns without fear of reprisal, is one of the most effective ways to meet legal obligations and reduce workplace harm.

Conclusion

The WHS framework in Australia for 2026 builds on existing laws that require PCBUs to protect workers and others from harm. Key areas of focus this year include managing psychosocial hazards, complying with updated codes of practice, preparing for changes to exposure limits, and maintaining dynamic risk management practices. Employers and safety officers should prioritise these updates to ensure legal compliance and foster safer, healthier workplaces.

Sherm Software is here to help with all of these requirements, from managing the health and safety of your workers, subcontractors and visitors to site, to ensuring you are complying with updated codes of practice by having them available at your fingertips anytime in your Legal Register.

Get in touch with us today and see how amazing Sherm is.