Updates to NSW WHS Laws

The NSW Government has rolled out some key updates to the Work Health and Safety Act 2011 and related regulations:

• Codes of Practice will carry additional weight from 1 July 2026. Compliance with these documents, to the extent that they apply to the PCBU will be mandatory, unless you can show you’re meeting an equal or higher safety standard.
• Union WHS permit entry holders have greater powers, including expanded rights to enter sites and collect information.
• Prosecution timeframes have been extended - incidents can now be pursued beyond two years if the court considers it to be in the interests of justice.
• Psychosocial risks like stress, fatigue and bullying are now officially recognised as workplace hazards.
• The new WHS Regulation 2025 is now in effect, updating standards such as AS/NZS 3012:2019 for electrical installations.
• Silica Worker Register (from 1 Oct 2025): Businesses carrying out high-risk silica work* (cutting, drilling, grinding materials containing crystalline silica) must register affected workers with SafeWork NSW. Ensure processes, SWMS, and health monitoring are in place to protect workers and stay compliant. 
  • * Identified via risk assessment

Members are encouraged to take a moment to review your safety systems, training, and consultation processes to make sure they align with the new requirements. A proactive approach now will keep your business compliant, and your team protected. 

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