CE Insights: Health and Safety Amendment Bill - what it signals for construction

19 Feb 2026

Last week the Government revealed the Health and Safety at Work Amendment Bill. For construction, it goes some way in defining the focus on critical risks: the high-consequence hazards most likely to cause death, serious harm, or occupational disease.

From what we’ve heard in Member surveys previously, many of you support that shift. A sharper focus on the hazards that do the most harm is the right direction. And we also know our Members are just as clear on this point: you care about your people. Whether a risk is classed as ‘critical’ or not, Site Safe Members want every worker going home safe and well – every day, on every site. This is not reliant on legislation, and this won’t change.

We’re now seeking your feedback on this Bill directly. A short Member survey is live, so we can understand how these amendments are landing with you, our Members – what’s positive, what needs more clarity, and what will work in practice on site. We’ll use the results to represent the building and construction view to decision-makers, including the Minister.

Take the survey here: Health and Safety at Work Amendment Bill

What the Bill is signalling (plain terms)

A stronger focus on “critical risks” - high-consequence hazards most likely to cause death, serious harm, or occupational disease, supported by a list of hazard areas.

  • A clearer definition of “small PCBU” (generally, fewer than 20 workers for most of the year), with some duties expected to be streamlined for smaller operators. In construction, it’s worth stressing, as I am sure you’re all aware, that business size doesn’t always correlate to risk. We know our smaller Members won’t see this as a signal to take their foot off the pedal.
  • A stronger role for Approved Codes of Practice (ACOPs), including “safe harbour” status when followed - making clear, practical guidance even more important.
  • Regulators placing more emphasis on guidance, codes and instruments alongside monitoring and enforcement.
  • More clarity around Officer duties and responsibilities – especially for those serving as an Officer and a Worker in an organisation.

Site Safe continues to work with the Minister and WorkSafe

Site Safe will continue to take a constructive, sector-led view of what changes are needed to be able to work in practice on site. We’ll keep engaging with Government and regulators so the settings - and the guidance and Approved Codes of Practice that sit underneath them are workable for real construction sites.

If you have a few minutes to tell us about your thoughts via our survey – we’d be grateful for your insights.

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