WHS Regulation 2025: All the Changes Coming in 2026

The WHS Regulation 2025 is the subordinate legislation that gives operational effect to the Work Health and Safety Act 2011. It prescribes the specific requirements for managing particular hazards, defines notifiable incidents, sets workplace exposure limits, establishes licensing requirements for high-risk work, and details the requirements for safety management plans. The 2025 edition consolidates several years of amendments and introduces new provisions that take effect progressively through 2026.

The most significant changes are the introduction of Section 26A (legally binding codes of practice) from 1 July 2026, the transition from Workplace Exposure Standards to Workplace Exposure Limits from 1 December 2026, expanded psychosocial hazard management requirements, new silica licensing provisions, and alignment of falls from height thresholds across jurisdictions. Together, these changes represent the most substantial reform of Australian WHS regulation since the original harmonisation in 2012. Every PCBU must understand how these changes affect their operations and prepare accordingly.

From 1 July 2026, Section 26A of the WHS Regulation 2025 changes the legal status of approved codes of practice from advisory guidance to legally binding minimum standards. Previously, a code of practice was admissible as evidence of what was reasonably practicable, but compliance with the code was not mandatory. Under Section 26A, a PCBU must comply with an applicable approved code of practice unless they can demonstrate an alternative approach that achieves an equivalent or higher standard of health and safety.

This change has profound implications for enforcement. Regulators can now issue improvement and prohibition notices solely on the basis that a code has not been followed, without needing to prove a specific risk of harm. There are currently over 40 approved codes of practice across Australian jurisdictions, covering topics from construction work and hazardous chemicals to manual tasks and psychosocial hazards. Every PCBU must audit their procedures against all applicable codes and either align with the code requirements or prepare formal alternative approach documentation with supporting evidence.

From 1 December 2026, Australia transitions from Workplace Exposure Standards (WES) to Workplace Exposure Limits (WEL). The new WELs are based on contemporary toxicological and epidemiological evidence and are significantly lower than the current WES for many substances. Notable reductions include manganese (98 per cent lower), nickel (99 per cent lower), chromium VI (90 per cent lower), and respirable crystalline silica (50 per cent lower). New limits are being introduced for substances that previously had no WES, including diesel particulate matter and flour dust.

The welding fume limit has already reduced from 5 mg/m3 to 1 mg/m3 as of 17 November 2025. PCBUs must conduct gap analyses comparing current exposure monitoring data against the new WELs, upgrade engineering controls where necessary, and implement interim controls (such as enhanced RPE programs) while permanent controls are being designed and installed. The transition deadline is firm and will not be extended. Businesses that have not commenced preparation are at significant risk of non-compliance from day one.

The WHS Regulation 2025 includes strengthened provisions for managing psychosocial hazards at work. PCBUs must identify psychosocial hazards, assess the risks they create, implement control measures, and review those measures. Psychosocial hazards include high job demands, low job control, poor support, poor organisational change management, remote or isolated work, poor organisational justice, traumatic events, workplace violence, workplace bullying, and sexual harassment. The approved Code of Practice for Managing Psychosocial Hazards at Work provides specific guidance on assessment and control methods.

Silica licensing is another significant development. Given the ongoing silicosis crisis in Australia, particularly among workers cutting engineered stone, several jurisdictions have introduced or are introducing licensing requirements for businesses that conduct work generating respirable crystalline silica. The ban on the dry cutting of engineered stone products is now in effect nationally. Businesses performing wet cutting of engineered stone or other silica-generating activities must hold the appropriate licence, implement certified dust suppression systems, conduct atmospheric monitoring, and provide health surveillance for all exposed workers. The silica WEL reduction to 0.025 mg/m3 from December 2026 adds additional compliance pressure.

The trend toward industrial manslaughter legislation continues to expand across Australian jurisdictions. Queensland (2017), Victoria (2020), Western Australia (2022), the ACT (2004), the Northern Territory (2019), and South Australia (2024) all now have industrial manslaughter offences. These provisions impose criminal liability on employers and senior officers whose negligence causes the death of a worker. Penalties range from 20 to 25 years imprisonment for individuals and fines of up to $18.2 million for bodies corporate.

Beyond industrial manslaughter, regulators are increasingly pursuing officers personally under section 27 (due diligence) of the WHS Act. Court decisions have established that officers cannot discharge their due diligence duty by simply appointing a safety manager — they must be actively engaged in understanding risks, ensuring resources are allocated, and verifying that safety systems are implemented and effective. The combination of personal criminal liability, uninsurable fines, and reputational consequences makes WHS governance a board-level priority for every Australian business. Officers should ensure they receive regular WHS performance reports, participate in safety leadership activities, and can demonstrate their personal engagement with the business's safety management system.