Understanding Section 26A of the Work Health and Safety Act NSW and Its Impact on Codes of Practice
- Prestige Safety
- 1 day ago
- 6 min read
Work health and safety laws in New South Wales (NSW) are evolving to better protect workers and clarify responsibilities. One of the most significant recent changes is the introduction of Section 26A to the Work Health and Safety Act NSW. This new section reshapes how codes of practice are applied and enforced, affecting businesses, safety professionals, and workers alike. Understanding Section 26A is essential for anyone involved in workplace safety in NSW.
This post explains what Section 26A entails, how it changes the role of codes of practice, and what practical effects it has on workplace safety management.
What is Section 26A of the Work Health and Safety Act NSW?
From 1 July 2026, a significant change to the Work Health and Safety Act 2011 (NSW) has strengthened the legal status of approved Codes of Practice. The introduction of Section 26A means that approved Codes of Practice are no longer simply guidance documents—they are now enforceable compliance benchmarks that businesses must consider when managing workplace health and safety.
Approved Codes of Practice are practical documents developed to help businesses understand and meet their obligations under the Work Health and Safety Act and the Work Health and Safety Regulation. They provide recognised methods for identifying hazards, assessing risks, and implementing effective control measures across a wide range of industries and workplace activities.
Prior to the introduction of Section 26A, Codes of Practice were primarily used as guidance and could be relied upon by courts as evidence of what was known about a hazard, risk, or control measure. While they carried significant evidentiary value, businesses were generally free to adopt alternative approaches, provided they met their duties under the legislation.
Section 26A has changed this position. A person conducting a business or undertaking (PCBU) must now either:
Comply with the applicable approved Code of Practice, or
Manage hazards and risks using an alternative approach that provides a standard of health and safety that is equivalent to or higher than the standard required by the Code of Practice.
What does this mean for NSW businesses?
The introduction of Section 26A has made approved Codes of Practice a key compliance requirement for every NSW workplace. Businesses can no longer ignore the standards outlined in an applicable Code of Practice simply because they are not regulations. Instead, they must either implement the Code or be able to demonstrate that any alternative controls provide an equal or greater level of protection for workers.
Key implications include:
Approved Codes of Practice are now enforceable compliance benchmarks.
PCBUs must comply with an applicable Code of Practice unless they can demonstrate an equivalent or higher standard of health and safety.
SafeWork NSW inspectors may assess compliance against the relevant Code of Practice during inspections and investigations.
Courts may continue to rely on approved Codes of Practice as evidence when determining whether a duty holder has met their obligations under the Work Health and Safety Act.
Failure to comply with an applicable Code of Practice, or to implement an equivalent or higher standard of risk control, may expose a business to enforcement action under the WHS Act.
For NSW businesses, the practical message is straightforward: approved Codes of Practice should now be treated as the minimum benchmark for managing workplace health and safety. Organisations should review their policies, procedures, risk assessments, Safe Work Method Statements (SWMS), and other WHS documentation to ensure they align with the applicable approved Codes of Practice or clearly demonstrate an equivalent or higher level of safety.
How Section 26A Changes the Role of Approved Codes of Practice
The introduction of Section 26A of the Work Health and Safety Act 2011 (NSW) represents one of the most significant changes to workplace health and safety compliance in recent years. Approved Codes of Practice are no longer simply guidance documents that businesses can choose whether or not to follow. They now establish the mandatory minimum standard for managing workplace health and safety risks across New South Wales.
Approved Codes of Practice provide practical guidance on how to meet duties under the Work Health and Safety Act and Regulations. Under Section 26A, businesses are expected to implement the requirements contained within the applicable Code of Practice unless they can demonstrate that an alternative approach provides an equivalent or higher standard of health and safety.
What Section 26A Means for NSW Businesses
The changes introduced by Section 26A have significantly strengthened the legal status of Approved Codes of Practice by:
Establishing mandatory minimum standards for managing workplace hazards and risks.
Providing a recognised benchmark for compliance with Work Health and Safety duties.
Requiring businesses to demonstrate an equivalent or higher level of protection where alternative methods are adopted.
Supporting enforcement by SafeWork NSW, with inspectors assessing workplace practices against the relevant Approved Code of Practice.
Providing courts with a clear benchmark when determining whether a duty holder has met their obligations under the Work Health and Safety Act.
Rather than asking whether a business has simply implemented a safe system of work, regulators will increasingly consider whether that system aligns with the relevant Approved Code of Practice or delivers an equivalent or better outcome.
The Practical Impact on NSW Workplaces
For Employers and PCBUs
Employers and Persons Conducting a Business or Undertaking (PCBUs) should review their existing Work Health and Safety Management Systems to ensure they comply with all applicable Approved Codes of Practice.
Businesses should:
Review workplace policies and procedures against every applicable Approved Code of Practice.
Update Safe Work Method Statements (SWMS), Safe Operating Procedures (SOPs), risk assessments and control measures where required.
Ensure supervisors and workers understand the minimum standards outlined within each Code.
Maintain evidence demonstrating compliance.
Where alternative controls are implemented, document how they provide an equivalent or higher level of health and safety.
Failure to meet these minimum standards may expose businesses to enforcement action, improvement notices, prohibition notices or prosecution where safety duties have not been adequately discharged.
For WHS Professionals and Consultants
Safety consultants, auditors and WHS advisors now have an even greater responsibility to ensure workplace systems reflect the requirements of Approved Codes of Practice.
This includes:
Using Approved Codes of Practice as the benchmark during workplace inspections and compliance audits.
Reviewing client documentation to ensure it aligns with current legislative requirements.
Advising businesses where improvements are required to meet minimum compliance standards.
Assisting organisations to implement practical control measures that satisfy Section 26A.
Supporting businesses that choose alternative control measures by documenting evidence that an equivalent or higher standard of safety has been achieved.
For Workers
Workers also play an important role in ensuring compliance with Section 26A.
They should:
Understand the Approved Codes of Practice relevant to their work.
Follow workplace procedures developed in accordance with those Codes.
Participate in training and consultation activities.
Report hazards or unsafe practices where workplace controls do not meet the required standards.
Examples of Approved Codes of Practice
Many Approved Codes of Practice now form the minimum benchmark for workplace safety in NSW, including:
How to Manage Work Health and Safety Risks
This Code establishes the fundamental process for identifying hazards, assessing risks, selecting appropriate control measures and reviewing their effectiveness. It forms the foundation of every workplace safety management system.
Managing Risks of Hazardous Chemicals in the Workplace
This Code outlines the minimum requirements for safely storing, handling and using hazardous chemicals, including risk assessments, labelling, emergency planning and worker training.
First Aid in the Workplace
This Code provides the minimum standards for first aid equipment, facilities, trained first aiders and emergency response arrangements required to protect workers.
Businesses should review all Approved Codes of Practice relevant to their industry and ensure their safety systems reflect these minimum standards.
How Businesses Can Comply with Section 26A
Complying with Section 26A should become part of every organisation's safety management process.
A practical approach includes:
Identifying every Approved Code of Practice that applies to your business activities.
Comparing existing policies, procedures and risk controls against the requirements of each Code.
Updating workplace documentation where gaps are identified.
Training workers, supervisors and managers on the revised requirements.
Regularly reviewing workplace practices as legislation and Approved Codes of Practice are updated.
Maintaining documented evidence of compliance and continuous improvement.
Why This Matters
The introduction of Section 26A raises the compliance standard for every workplace in New South Wales. Approved Codes of Practice are now the benchmark against which workplace safety systems will be measured.
For businesses, this means that compliance can no longer rely solely on good intentions or informal safety practices. Organisations must ensure their Work Health and Safety Management Systems, procedures and day-to-day operations meet the minimum standards established by the relevant Approved Codes of Practice or be able to clearly demonstrate that an alternative approach provides an equal or greater level of protection.
By proactively reviewing your workplace against the applicable Approved Codes of Practice, you not only reduce the risk of enforcement action but also create a safer workplace for your employees, contractors and visitors.
This is not legal advise this is our opinion on the current new Section 26A. For assistance being compliant please contact our consulting team, info@prestigesafety.com.au
Comments