Changes to the Health and Safety at Work Act

What is changing?

In simple terms, the Bill shifts the focus onto “critical risks”. You’ll still be expected to think things through, set priorities, and keep clear records, but you’ll also need to be able to show you tackled the biggest risks first.

Because construction is high risk, the fundamentals don’t change. We still need strong risk assessment and solid controls on site and we’re all better off when we keep that consistent, day in and day out.

What this means for different businesses

Small businesses (fewer than 20 workers)

If you’re a small business (1–19 workers for nine out of 12 months of the year), your main duties will focus on managing critical risks (with basic worker welfare duties still applying too).

A lot of construction businesses will fall into that small-business bucket, but because we work in a high-risk sector, it’s not about doing less, it’s about focusing first on the risks most likely to seriously hurt or kill someone.

In reality, most site hazards in construction will count as critical risks because they can lead to death, serious injury, or illness. The size of your business doesn’t change the risk. So, the goal stays the same: stay alert, keep the basics strong, and look out for each other every day.

Larger businesses (20 workers or more)

If you’re a larger business (20+ workers), you’ll still need to manage all your risks. The difference is you’ll need to clearly show you put critical risks at the top of the list.

If something goes wrong, you may need to show not just that you managed risk but that you focused on the right risks first.

Key changes under the legislation – and how we can help

Critical risk

One of the biggest changes is a clearer definition of “critical risks”. These are the hazards that could lead to death, serious injury or illness, or certain work-related diseases.

You’ll still need to use your judgement. The key is working out what’s truly critical in your workplace and being able to explain why you’ve prioritised it that way.

To make this easier, Schedule 1A lists some construction activities that are automatically treated as ‘critical risks’, including:

• work at height
• mobile plant
• excavation
• scaffolding
• hazardous substances

In short: if it’s in Schedule 1A, it’s automatically a critical risk under the HSWA.

How we can help

Schedule 1A isn’t an exhaustive list of critical risks, but it’s a helpful starting point. If you’re wondering what this and the rest of the proposed legislative change means for you, we can help you make sense of it and get your approach sorted:

• Our Foundation Passport courses are built with industry input and help workers identify and manage critical risks. Many of these are the ones highlighted in Schedule 1A.
• Use our online resources and free Risk Management Guide for step-by-step support.
• Want to build your risk management skills? Our Risk Management course walks you through best practice.
• Talk to our Safety Advisors for practical, one-on-one support. We’ll work alongside you to set up risk assessment and management that fits your sites, and;
• Keep an eye out for our member-only video guide on assessing risk (coming soon).

Officer duties

If you’re an officer (someone with a governance or decision-making role), the Bill includes a couple of key updates.

If you’re both an officer and a worker - for example, you’re a Director and you also work on site - section 44 covers what you do as an officer and the work you do as a worker sits under section 45.

Another change is that the Bill spells out what “due diligence” looks like for officers. It’s focused on governance (how the business is directed and controlled), rather than the day-to-day running of the site. In practice, officers need to:

• Stay across what the business does, the main risks and hazards, and the key health and safety issues.
• Make sure there are enough resources and the right processes in place to manage risks, report and review incidents and hazards, and meet legal requirements.
• Regularly check those processes are being used and they’re working.

This is broadly what officers were already expected to do, but having it written out makes it clearer and easier to talk about.

Section 44 still links to the wider duties of the Person Conducting a Business or Undertaking (PCBU). So, if the PCBU’s duties change, officers need to stay on top of that too.

How we can help

If you’re an officer, you don’t have to figure this out on your own. We can help you meet your due diligence duty under section 44, with:

• Safety Advisors who can give you clear, practical guidance that fits the way you work.
• SiteRight audits to help you get clear on your critical risks and how they’re being managed – useful industry and company-level benchmarks can really help you understand how you’re performing in managing critical risks.
• SiteWise prequalification to help make sure solid health and safety systems are in place across projects and contractors.
• SiteSmart health and safety management to help you show workers and contractors meet recognised competency expectations, which is especially useful for officers in small businesses.