As 2025 draws to a close and businesses are winding down for a well-earned break over the festive season, it is time for reflection on your WHS performance as a business.
2025 has been a pivotal year for work health and safety in Australia’s construction industry. Three themes dominated: (1) stronger controls on respirable crystalline silica (including the engineered stone prohibition), (2) formalising psychosocial risk management, and (3) tightening incident notification and high‑risk licensing through model WHS law updates. These changes carry practical implications for ACT builders—from procurement and site supervision to record‑keeping and workforce capability.
The business impact of Key legislative and regulatory changes
Ban on engineered stone (manufacture, supply, installation) from July 2024; import ban from Jan 2025.
New silica regulations: mandatory risk assessments, Silica Risk Control Plans, air and health monitoring, and SWMS integration.
Impact: Increased compliance costs, changes to work methods (wet cutting, LEV), and stricter documentation.
Insight: Many members have introduced wet methods, on‑tool extraction and tighter RPE programs. Gaps remain in air monitoring frequency, health monitoring logistics, and competence of supervisors in writing silica‑specific controls within SWMS and Silica Risk Control Plans.
ACT Code of Practice and national guidance require PCBUs to manage psychosocial risks (bullying, fatigue, violence). Impact: Must embed psychosocial risk controls into site planning, inductions, and consultation processes.
Insight: Psychosocial risk control is uneven with larger contractors have added psychosocial risk registers and consultation practices; smaller firms often rely on HR policies without integrating controls into work design, supervision and change management—raising exposure under the ACT Code.
Insight: Notification & licensing changes need readiness: The December 2025 model updates will require incident taxonomy changes, training for site managers, and supply‑chain checks on crane licence classes/dogging prerequisites to avoid programme delays.
Suggested business resolutions for 2026 to ensure compliance & WHS improvements
Resolution 1 — Silica Assurance Program
Action set: Adopt a standard Silica Risk Control Plan template mapped to model requirements; integrate with your SWMS so a separate plan isn’t needed when SWMS covers all required details (where permissible).
Implement routine RCS air monitoring (baseline + task‑based), with thresholds tied to WES (0.05 mg/m³) and automatic review triggers.
Establish health monitoring pathways (pre‑placement baseline, periodic respiratory reviews), tracked in secure records.
Prohibit uncontrolled dry cutting in corporate policy; audit tooling for wet kits, LEV, and extraction.
Outcome: Evidenced compliance, reduced exposure, and smoother regulator interactions on high‑risk work.
Resolution 2 — Psychosocial Risk Management embedded in site operations
Action set: Update risk registers to include psychosocial hazards with controls per ACT Code and Commonwealth guidance (e.g., staffing levels, job design, change processes, aggression controls).
Train leading hands/site managers to apply the hierarchy of controls to psychosocial risks (elimination, substitution, engineering, admin, PPE equivalent strategies), and to consult workers meaningfully.
Add critical incident protocols for violent incidents or self‑harm risk (including escalation and possible notification, aligned to forthcoming model Act changes).
Outcome: Lower harm, better culture, and readiness for expanded notification duties.
Resolution 3 — Incident Notification & Reporting Readiness (ACT & model law)
Action set: Revise incident definitions and triage to reflect new model categories (violent incidents, mobile plant/falls, long absences, suicide/attempted suicide), and map them to ACT requirements once adopted.
Update reporting workflows, regulator contact lists, response SLAs, and educate supervisors on evidence capture.
Conduct table‑top exercises on scenario reporting (e.g., site assault; 20‑day absence after a fall from height).
Outcome: Faster, accurate notifications; reduced regulatory risk.
Resolution 4 — High‑Risk Work (Crane) Competency Roadmap
Action set: Audit subcontractor and internal licences against new crane licensing rules and plan for the dogging prerequisite. Build lead times into procurement and program.
Refresh lifting plans and verification processes (competency + equipment).
Engage RTOs early for 2026 training capacity.
Outcome: Compliance continuity, fewer delays, safer lifting operations.
Resolution 5 — Officer Due Diligence & Governance uplift
Action set: Quarterly WHS due diligence reports to the board covering silica, psychosocial, incident notifications and licensing changes; explicitly address resource adequacy.
Re‑train officers on industrial manslaughter exposure (ACT + Commonwealth context), linking to site auditing and corrective action tracking.
Outcome: Evidenced governance; stronger defence posture in serious incidents.
Resolution 6 — ACT Code of Practice alignment (Nov 2025 updates)
Action set: Gap‑analyse your templates (Construction Work, Plant, Confined Spaces, Noise, Risk Management, Environment/Facilities) against new ACT Codes; close gaps in SWMS, inductions and supervision.
Outcome: Local compliance clarity and consistent practice across ACT sites.
Practical checklist for MBA ACT members (Q1–Q2 2026)
What’s next to watch (for 2026 planning)
Adoption of the Dec 2025 model WHS amendments by ACT (incident notification & HRW licensing). Keep an eye on WorkSafe ACT updates and the ACT Legislation Register.
Further national silica guidance/updates as jurisdictions embed Chapter 8A obligations and enforcement matures.
Additional ACT practice updates flowing from the Workplace Legislation Amendment Bill 2025 and any regulator guidance on “serious injury/illness” notifications.
Final thought
For MBA ACT members, 2025 has set clearer expectations: engineer out dust, design out harm (including psychosocial), and report what matters. If you anchor 2026 planning around the six resolutions above, you’ll not only stay compliant—you’ll lift WHS performance and resilience across your projects.
If you require any assistance from the Advisory Team contact us on 6175 5900 or at workplace@mba.org.au
