On 1 July 2026, new changes came into effect for NSW Work Health and Safety (WHS) laws, impacting how Codes of Practice apply to regulatory performance.
Codes provide important, detailed information about hazards and risks. The Codes also articulate practical ways to control these hazards and risks to achieve the standards required under the WHS laws.
From July 2026, businesses must follow the approved Code of Practice that applies to a risk within their business, or alternatively, be able to demonstrate that risk is being managed in a manner that is just as effective. This falls under section 26A of the Work Health and Safety Act 2011 (NSW).
The NSW WHS Codes of Practice have been elevated with clear guidance on identifying and controlling workplace risks including bullying, harassment, excessive workloads, poor role clarity and violence.
The Psychosocial Hazards Code of Practice now requires employers, in consultation with workers, to implement a systematic process to manage and mitigate psychosocial hazards and risks. It is essential that this includes:
- Identifying hazards.
- Assessing risks.
- Implementing controls.
- Reviewing their effectiveness.
After 1 July 2026, inspectors will look for evidence that your business has complied with the Code.
What you need to do as an employer:
- Familiarise yourself with any relevant Codes, including the SafeWork NSW Code of Practice on managing psychosocial hazards.
- Review your existing practices and controls to ensure they comply with the requirements of the Codes.
- Develop a psychosocial hazard risk register to identify hazards, assess them and record the controls.
- Consult the people engaging in the work to help you identify potential hazards you can’t see from the outside.
- Arrange or deliver workplace training for employees to ensure they are aware and informed of these changes and their obligations.
If you would like more information on the new safety obligations or would like support as an employer, contact us via the link below.