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The Government has passed the Health and Safety at Work Amendment Act 2026. The changes kick in on 1 April 2027, so you’ve got time to get sorted, but it’s worth understanding what’s coming now.

The big change: critical risk is now a legal term

Under the current law, PCBUs (that’s you, anyone running a business or trade) have to manage all health and safety risks from their work. That’s still true. But from 1 April 2027, the law formally defines a category called critical risk and legally requires businesses to prioritise these hazards first. 

A critical risk is any hazard that could kill someone or cause serious harm, these include working at height, asbestos, excavation, mobile plant, powder-actuated tools, and hazardous substances. These are the non-negotiables.

If you have fewer than 20 workers, which covers most tradies and small contractors, the new law says you are only required to manage critical risks under your core H&S duties. You still need to manage other risks sensibly, but the legal focus is on critical risk

What this means practically:

• You need to know what the critical risks are for your work
• You need direct controls in place for each critical risk, not just PPE and paperwork
• If you’re a director or run the business, you need to be able to say which critical risks your business faces, what you’re doing about them, and how you know the controls are working

What counts as a critical risk on a residential construction site? 

Things like vehicle and plant operations, working at height, excavation, asbestos, electrical work, confined spaces, gas installation, silica dust, powder-actuated tools, and falls, including falls on the same level, which cause more deaths than most people realise.

What HazardCo is doing about it

We are making sure that you have all the tools you need t and have everything in place to reflect the new critical risk framework before 1 April 2027. That means updated content and providing clear guidance to assist in making sure the right risks are in front of you at the right time. We’ll share more details as WorkSafe releases further guidance over the coming months. 

If you want to know more and how this might affect your business, just give the Advisory team a call – remember it’s part of your membership. 

Join H&S expert Allan Dittmer on the 28th July for our free webinar: Navigating the Health and Safety at Work Act for Construction and Trade businesses. Allan will break down the rules into simple, practical steps you can put to work tomorrow, no legal jargon, just real-world advice for owners and site leaders. Register here.