The beginning of 2026 has brought major WHS regulatory updates across Australia, with both national reforms and state‑specific changes. Staying up to date with WHS regulatory changes helps protect workers, reduce legal risk, and keep organisations compliant and competitive.
Australia Wide
Expanded WHS Incident‑Notification Rules.
Australia has broadened its WHS incident‑notification requirements, meaning employers must now report violent incidents, work‑related suicides or attempts, and absences of 15+ days due to work‑related injury or illness. These updates ensure psychological harm and long recovery periods are treated as seriously as physical injuries.
Any event posing a risk to a worker’s mental or physical health must now be reported promptly to support stronger WHS compliance.
WHS Notifications: Incidents, Extended Absences & Suicides – Fact Sheet (Dec 2025)
Managing Technology‑Driven WHS Risks.
With more workplaces adopting AI, automation, drones, robotics, and digital systems, regulators now expect businesses to manage technology‑driven WHS risks.
This includes completing WHS risk assessments, assigning clear safety responsibilities, and maintaining human oversight to avoid algorithmic errors, stress, or unsafe digital workflows.
As a result, demand for expert WHS advice is growing as organisations modernise their safety systems.
Stronger Regulation of Psychosocial Hazards.
Australia has formally recognised psychosocial hazards, including stress, bullying, fatigue, and violence, as enforceable WHS risks. Most jurisdictions have adopted new national psychosocial regulations, while Victoria has introduced its own OHS (Psychological Health) Regulations 2025.
Managing psychological hazards is now a core requirement of WHS compliance, requiring employers to identify, assess, and control them with the same diligence applied to physical hazards.
Transition to Workplace Exposure Limits (WEL).
From 1 December 2026, Australia will replace Workplace Exposure Standards (WES) with Workplace Exposure Limits (WEL), setting clearer and more protective national limits for airborne contaminants, including dusts, fumes, vapours, and gases.
Employers should review ventilation, PPE, exposure monitoring, and safe‑work procedures now to prepare for the new framework and remain compliant.
New Workplace Exposure Limits (WEL) to Apply from 1 December 2026
Need help navigating these WHS regulatory changes?
Action OHS provides expert WHS advice, practical risk management support, and tailored solutions to keep your business compliant and your people safe.
VIC
Psychological Health Regulations.
WorkSafe Victoria has introduced the OHS (Psychological Health) Regulations 2025, significantly strengthening employer obligations around psychological safety.
Employers must now formally identify, assess, and control risks such as bullying, violence, workload pressure, fatigue, poor role clarity, or toxic culture.
WorkSafe Victoria emphasises that psychological injuries can be just as harmful as physical ones, and employers must treat them accordingly. These regulations create clearer duties, stronger enforcement pathways, and higher expectations for
mental‑health‑focused safety management.
The outcome: safer, more supportive workplaces and improved wellbeing, retention, and performance.
Source: Engage Victoria
Discover ActionMinds, our Psychosocial Risk Assessment, Advice & Support.
NSW
Codes of Practice, Silica, and Hearing Tests.
New South Wales has announced several significant WHS regulatory changes.
From 1 July 2026, Codes of Practice will carry greater legal weight, requiring PCBUs to follow them unless an equal or higher safety standard can be demonstrated. NSW has also expanded union permit‑holder powers, extended prosecution timeframes, and
formally recognised psychosocial hazards under WHS law.
Key new obligations include:
- Silica Worker Register (from 1 October 2025) for all high‑risk silica work.
- Updated WHS Regulation 2025, including new electrical standards.
- Mandatory audiometric testing (from 1 January 2026) for workers exposed to hazardous noise, with testing required at three months and every two years thereafter.
These updates reinforce the importance of robust noise‑risk management, safe systems of work, and consistent health monitoring.
Source: SafeWork NSW
SA
Updated High‑Risk Construction Definition.
From 1 July 2026, South Australia will align with national WHS laws by redefining high‑risk construction work as any task involving a fall risk of more than two metres (down from three).
The update aims to improve WHS compliance, strengthen fall‑prevention controls, and reduce serious injuries, especially in the residential construction sector.
The fundamental duty to provide a safe workplace remains unchanged; the amendment clarifies when high‑risk obligations apply.
Source: SafeWork SA
WA
New WHS Requirements for Statutory Mining Roles
WorkSafe WA has introduced major changes under the WHS (Mines) Regulations 2022, requiring mining operations to appoint properly trained and certified personnel to statutory WHS roles.
The compliance deadline is 30 March 2026. After this date, all statutory supervisors and other regulated roles must fully meet the competency, examination, and experience criteria to ensure safe and compliant mining operations.
To be eligible, workers must:
- Meet specific experience requirements.
- Complete WHS risk‑management competency units.
- Pass a mining safety legislation exam.
Source: WorkSafe WA
WHS laws are evolving;Â make sure your business evolves with them.Â
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