The Government introduced the Health and Safety Amendment Bill (the Bill) on 9 February 2026 signalling significant reforms to the current health and safety legislative framework, including the Health and Safety at Work Act 2015 (the HSW Act). Its stated aim is to reduce compliance costs, provide greater certainty for businesses, and support continued reduction of workplace fatalities, injuries and illnesses.

The Bill focuses on four key areas:

  • critical risks;
  • clarifying areas of confusion;
  • strengthening approved codes of practice (ACOPs); and
  • prioritising regulators’ functions.

Focusing on ‘critical risk’

Under the current framework, the HSW Act’s broad, performance‑based duties have been criticised by the current Government and some sectors as leading to confusion and overcompliance. The Bill looks to narrow that focus by explicitly defining “critical risk” as a hazard likely to cause death, a notifiable injury or illness, a notifiable incident, or occupational disease (or where covered by specified regulations). 

This reframing represents a significant philosophical shift from the original intent of the HSW Act.  The existing model promotes systematic risk management regarding all hazards (acknowledging serious harm often accumulates from low risk activity), while the Bill seeks to implement a threshold mentality (if a risk isn’t critical it shouldn’t carry the same level of importantance).  Practically, this could mean psychosocial risks may be considered less significant in favour of perceived critical risks, encouraging a more reactive (rather than proactive) compliance mindset.

If the Bill passed in its current form, PCBUs would be required to undertake a two-step assessment:

  • identify whether any prescribed regulations apply to hazards in their work; and
  • apply a catch‑all test to determine whether any other hazards are likely to lead to serious consequences.

While the two-step assessment provides clarity, we note it may also increase interpretation disputes around what is ‘likely’ to cause serious consenquences in practice.

The Bill also distinguishes the duties of small PCBUs—those with fewer than 20 workers for at least nine months of the year, including seasonal fluctuations. These PCBUs will be required to manage only critical risks when meeting duties relating to information, training, instruction, supervision and PPE. However, core welfare facilities such as lighting, washing facilities, and first aid remain mandatory.

In theory, this is a welcome change to reduce red tape for small PCBUs. However, in practice, forestry or construction contractors with fewer than 20 workers, or other smaller businesses in high risk environments, may be susceptible to gaps in early hazard control and workers could experience less formal training and supervision outside high-consequence hazards as a result of limiting mandatory management requirements.

Removing areas of confusion

Many PCBUs face uncertainty where health and safety obligations overlap with other regulatory regimes. The Bill seeks to clarify that compliance with requirements under other legislation satisfies the equivalent duty under the HSW Act—reinforcing the focus on work‑related risks rather than public safety.  Current HSW Act duties consider issues like forseeable misuse and maintenance regimes, not just technical compliance like code requirements.  The broad nature of the HSW Act has the ability to consider context which may be lost in the proposed changes.

The Bill also proposes to address ambiguity around recreational users of PCBU land following the Whakaari/White Island disaster. PCBUs who manage workplaces containing open spaces would not owe health and safety duties to people lawfully present for recreational purposes unless the activity relates to the PCBU’s work or overlaps with other work taking place at the same time.  For instance, a farmer would not owe a duty to people they allow to walk across parts of their land where and when no farming work is happening.  Additionally, a specific provision proposes that if a PCBU meets its Building Act 2004 obligations regarding an earthquake‑prone building, no additional seismic‑risk duties arise under the HSW Act.

While this may prevent overreach, it could create grey areas where work and public interest converge (particularly in forestry and agriculture).

PCBUs would need to continue to notify WorkSafe of significant workplace events, such as fatalities, serious injuries or illnesses, and serious‑risk incidents.  The Bill adds definitions and examples to clarify what these events are.

Strengthened Approved Codes of Practice (ACOPs)

ACOPs provide practical guidance on meeting HSW Act duties.  The Bill would retain the regulator’s role in developing ACOPs but allows external organisations or individuals to submit draft ACOPs, subject to consultation requirements before potential ministerial approval.

The introduction of a “safe harbour” proposes another major change. If a PCBU follows an ACOP for a specific risk, it is deemed to have complied with the relevant duty. Compliance through other means would still be acceptable under the Bill.

This proposal may mean that businesses and organisations could shift from risk based systems to ACOP-based systems with a potential flow on effect of standardising compliance at a lower standard than is demanded for worker safety.

Re-examined regulator functions

Finally, the Bill proposes to reorganise section 10 of the WorkSafe Act 2013 and sets WorkSafe’s primary functions as:

  • providing guidance, advice and information on compliance;
  • developing and reviewing ACOPs;
  • developing safe work instruments; and
  • monitoring and enforcing compliance with health and safety legislation.

Although the proposed changes may strengthen clarity and perceived overreach, they aim to do so by narrowing the scope and introducing compliance mechanisms.  The effect of this could weaken the preventative nature of the current Act and broader Health and Safety legislation.  The success of this proposal will hinge on how ‘critical risk’ is interpreted in practice and how actively WorkSafe approaches enforcability.  We will be keeping a close eye on the progress of this Bill.

For more information

If you or your organisation need advice on health and safety and/or this latest update, please do not hesitate to reach out. For more information, contact 04 472 0020 or one of our employment law experts.