WHS Update Q1 2026: National Shifts with Local Impact

The first quarter of 2026 signals a significant shift in workplace safety across Australia, with new national guidance, expanding legal duties, and stronger enforcement trends—all with direct implications for ACT builders and employers.

At a national level, WHS continues to expand beyond traditional hazards.

Safe Work Australia released a world-first Code of Practice on biological hazards, alongside updates covering elevating work platforms and workplace facilities.

There is also a growing emphasis on:

• Psychological health and psychosocial risks
• High-risk plant and licensing reform
• Improved dispute resolution under WHS laws

Importantly, one of the most notable cases of the quarter saw a Commonwealth employer fined for psychosocial safety failures linked to a worker’s suicide—highlighting a clear shift toward enforcement in this space

In the ACT, regulators are continuing to focus on core construction risks and duty holder accountability.

Recent cases confirm:

• Breaches involving plant and exclusion zones will result in prosecution
• PCBUs can still be held responsible for unsafe work carried out by subcontractors
• Workplace behaviour issues are being actively pursued, with a $90,000 sexual harassment award under strengthened laws

NSW continues to lead legislative change and enforcement activity.

A key development is the introduction of Australia-first WHS laws regulating digital work systems, reflecting the expanding scope of WHS obligations beyond the physical workplace.

At the same time:

• Workers’ compensation laws have tightened, particularly for psychological injury claims
• Courts have issued significant fines and even custodial sentences for serious breaches
• New Codes of Practice address risks such as fatigue and silica exposure

What This Means for Industry

Across all jurisdictions, the direction is clear:

• WHS now covers both physical and psychological risks
• Expect higher scrutiny and stronger penalties
• Compliance must be practical, visible and enforced—not just documented

For questions about your work, health and safety obligations, contact the Workplace Relations Team:

📞 (02) 6175 5900
📧 workplace@mba.org.au