The commencement of Section 26A of the Work Health and Safety Act 2011 (NSW) on 1 July 2026 marks a significant shift in workplace safety compliance across New South Wales (NSW). Approved Codes of Practice no longer serve solely as guidance documents; they now establish the minimum WHS standards businesses must meet.
For Persons Conducting a Business or Undertaking (PCBUs), this change removes much of the uncertainty surrounding compliance expectations. Codes of Practice are no longer optional reference material. Instead, businesses must either comply with the relevant Code or demonstrate that their alternative approach provides an equivalent or higher level of health and safety protection.
As a result, compliance, enforcement, and workplace risk management have entered a new era.
What Does Section 26A Change?
Historically, Codes of Practice provided practical guidance on how to meet obligations under NSW WHS legislation. Although they could be used as evidence in court proceedings, some businesses treated them as flexible recommendations rather than clear benchmarks.
Section 26A changes that position.
PCBUs must now:
- Comply with any applicable Code of Practice; or
- Implement alternative measures that achieve an equivalent or higher standard of health and safety
This means businesses can no longer rely on assumptions that their existing systems are sufficient. If you adopt an alternative approach, you must support it with evidence and demonstrate that it delivers the same or better risk control outcomes than the Code itself.
Codes of Practice Are Now the Baseline
The introduction of Section 26A effectively establishes Codes of Practice as the default compliance standard for workplace health and safety.
While SafeWork NSW inspectors have always been able to reference Codes when assessing compliance, Codes now represent the minimum performance standard expected of PCBUs. Any departure from a Code must be justified through documented risk assessments and supporting evidence.
In practical terms:
- Codes set the benchmark for compliance
- Alternative approaches carry a higher burden of proof
- Gaps between workplace practices and applicable Codes may attract greater regulatory scrutiny
- Businesses must effectively manage risks and demonstrate how their controls protect workers
What This Means for PCBU's
Reduced Flexibility
The ability to broadly interpret WHS obligations has narrowed. Codes now provide a clear reference point for what regulators consider to be reasonably practicable risk management.
Increased Evidence Requirements
If your business chooses not to follow a Code directly, you must be able to show that your controls:
- Address the same hazards and risks
- Deliver equal or better safety outcomes and
- Include documented assessments, consultation activities, and review processes that support your risk controls
Without adequate evidence, businesses may face greater difficulty defending their approach during inspections or investigations.
Stronger Regulatory Enforcement
The new requirements provide regulators with a clearer framework for assessing compliance. Where a relevant Code exists, inspectors can more readily determine whether workplace controls meet expected standards.
Greater Legal Exposure
Section 26A further strengthens their role in determining whether a business has met its WHS obligations.
High-Risk Areas Businesses Should Prioritise
Several Codes of Practice address hazards that continue to drive workplace injuries and compensation claims across NSW.
Managing the Work Environment and Facilities
This Code focuses on workplace conditions such as lighting, ventilation, amenities, housekeeping, and safe access. Failure to address these areas can contribute to incidents including slips, trips, falls, fatigue, and broader health risks.
Hazardous Manual Tasks
Manual handling remains a leading cause of workplace injuries. Businesses should review task design, risk controls, training, and ergonomic practices to ensure alignment with current requirements.
Psychosocial Hazards
Psychological health has become an increasing focus for regulators. Psychosocial hazard management includes addressing excessive workloads, workplace bullying, harassment, fatigue, and inadequate support systems. The relevant Codes provide practical guidance on managing these risks.
Under Section 26A, failure to align with applicable Codes in these areas may present a direct compliance risk.
Practical Actions for Employers
1. Identify Relevant Codes
Determine which Codes of Practice apply to your business based on:
- Industry sector
- Work activities
- Workplace hazards
- Operational risks
2. Conduct a Compliance Gap Analysis
Compare existing WHS systems against the requirements of each applicable Code.
Review:
- Policies and procedures
- Risk assessments
- Work practices
- Training programs
- Supervision arrangements
- Record-keeping processes
3. Align or Justify
For each identified gap, decide whether to:
- Adopt the Code's recommended approach or
- Implement alternative controls that provide an equivalent or higher standard of protection
Any alternative approach should be backed by robust evidence and documented reasoning.
4. Strengthen Documentation
Documentation is now more important than ever.
Businesses should be able to clearly demonstrate:
- How hazards are identified
- How risks are assessed
- Why controls were selected
- How effectiveness is monitored and reviewed
- How workers are consulted on WHS matters
5. Integrate WHS and Injury Management
Strong alignment between Code compliance, injury prevention, and return-to-work strategies can help organisations:
- Reduce workplace injuries
- Improve return-to-work outcomes
- Lower workers compensation costs
- Strengthen overall business performance
The Bottom Line
Section 26A removes much of the grey area surrounding NSW WHS compliance.
From 1 July 2026, Codes of Practice represent the minimum standards businesses are expected to meet. Where organisations choose a different path, they must be prepared to demonstrate that their controls achieve an equivalent or higher level of safety.
For many businesses, this means reviewing existing safety systems, strengthening documentation, and ensuring workplace practices align with applicable Codes.
Organisations that act early will be better positioned to reduce regulatory risk, improve workplace safety outcomes, and strengthen operational performance.
Need Help?
If you're unsure whether your current WHS systems meet the expectations introduced by Section 26A, ABILITY GROUP can help.
Our team works with NSW businesses to:
- Assess WHS compliance
- Review applicable Codes of Practice
- Conduct gap analyses
- Strengthen safety management systems
- Improve injury management and workers compensation outcomes
- Our purpose-built Software as a Service (SaaS), ENABLE>SYSTEMS (E>S), is also quick to implement and can not only help reduce workplace risks and support your compliance, but also is an advanced, customisable productivity software solution
Contact ABILITY GROUP today to review and support your WHS compliance, workers compensation and related matters.
Further Information
Source: SafeWork NSW
Title: Codes of practice | SafeWork NSW
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