SafeWork NSW 2026–27 Priorities: Why Codes of Practice Can No Longer Be Ignored

SafeWork NSW has released its 2026–27 Regulatory Statement (July 2026), identifying four priority areas for proactive compliance and enforcement over the coming year:

• falls from heights

• psychosocial risks

• hazardous substances

• mobile plant, vehicles and fixed machinery.

  
  

These priorities reflect the hazards most associated with serious injuries and fatalities across New South Wales.

For many organisations, however, the significance of the Regulatory Statement extends beyond identifying inspection priorities. It reinforces a broader legal expectation that Codes of Practice are no longer viewed as optional guidance. Since amendments to the Work Health and Safety Act 2011 (NSW), Codes of Practice have become a critical benchmark against which compliance will be assessed.

What Changed?

Section 26A of the Work Health and Safety Act 2011 (NSW) provides that an approved Code of Practice is admissible in legal proceedings and may be relied upon by a court as evidence of what is known about a hazard, risk, or control, and what is reasonably practicable in the circumstances.

This means that where a business chooses not to follow a Code of Practice, it must be able to demonstrate that its alternative approach provides an equivalent or higher standard of health and safety. Simply having a policy or conducting occasional training will not be sufficient if the regulator determines that the controls implemented are less effective than those described in the Code.

The recent changes relating to psychosocial hazards have further strengthened this position. From 1 July 2026, organisations are expected to demonstrate that psychosocial hazards have been identified, assessed, controlled, monitored, and documented, with the Managing Psychosocial Hazards at Work Code now serving as the enforceable benchmark for compliance.

Psychosocial Hazards – What Should Businesses Be Doing?

Psychosocial hazards remain one of SafeWork NSW's highest regulatory priorities. Organisations should ensure they have moved beyond awareness campaigns and wellbeing initiatives and have implemented a structured risk management process. This should include:

• Identifying psychosocial hazards such as excessive workloads, bullying, harassment, occupational violence, poor role clarity, fatigue, and remote or isolated work.

• Consulting workers and Health and Safety Representatives throughout the risk assessment process.

• Assessing the likelihood and consequences of identified psychosocial hazards.

• Applying the hierarchy of controls, with emphasis on eliminating or redesigning work before relying on administrative controls or training.

• Monitoring the effectiveness of implemented controls.

• Maintaining documented evidence of hazard identification, consultation, risk assessments, control decisions, and review activities.

SafeWork inspectors are increasingly looking for evidence that higher-order controls have been considered and implemented. Organisations relying solely on policies, training, or Employee Assistance Programs (EAPs) as their primary controls may find these measures insufficient where the underlying causes of psychosocial risks remain unchanged.

Hazardous Chemicals – A Continuing Priority

Hazardous substances also remain a key enforcement priority. Businesses that manufacture, store, or use hazardous chemicals should ensure they have:

• A current hazardous chemicals register.

• Up-to-date Safety Data Sheets (SDSs).

• Correct labelling in accordance with the Globally Harmonized System (GHS).

• Suitable risk assessments for hazardous chemicals.

• Appropriate storage, segregation, and compatibility controls.

• Emergency plans, spill response procedures, and suitable spill equipment.

• Adequate ventilation and engineering controls.

• Health monitoring where required.

• Appropriate personal protective equipment supported by higher-order controls.

• Training and competency records for employees handling hazardous substances.

Inspectors will generally expect organisations to demonstrate that hazardous chemical risks are systematically identified, assessed, and controlled in accordance with the Managing Risks of Hazardous Chemicals in the Workplace Code of Practice.

Documentation Will Be Critical

One consistent theme emerging from SafeWork NSW's regulatory approach is that if a business cannot demonstrate what it has done, regulators may conclude that the controls do not exist. This places increased importance on maintaining documented evidence of consultation, risk assessments, control implementation, reviews, and management decisions.

The Bottom Line

The 2026–27 Regulatory Statement provides a clear indication of where SafeWork NSW will direct its compliance activities over the coming year. Organisations operating in construction, manufacturing, logistics, warehousing, education, healthcare, and other high-risk industries should review their current systems against the relevant Codes of Practice and ensure that controls are both effective and demonstrable.

For many businesses, the question is no longer whether hazards have been identified. The question is whether they can demonstrate, with evidence, that reasonably practicable controls have been implemented, reviewed, and remain effective. As SafeWork NSW increases its inspection and enforcement activity, organisations that proactively review their WHS management systems now will be better positioned to meet both their legal obligations and regulator expectations.

It is the overarching duty of every organisation to provide a WHS management system that ensures the safety and wellbeing of its workers. If you require support in improving or strengthening your WHS management system, Courtenell can assist through tailored training, consulting services, and management system review. Please contact one of our Training Consultants on 02 9552 2066 or email train@courtenell.com.au