Emerging WHS Regulations in Australia

Workplace Health and Safety (WHS) regulations in Australia continue to evolve as industries shift, risks change, and public awareness grows. With 2026 on the horizon, a range of legislative updates and compliance expectations are expected to take effect, putting more pressure on businesses to stay informed, organised, and proactive.

Whether you manage a manufacturing site, construction zone, corporate office, or transport fleet, understanding the upcoming regulatory shifts is essential for compliance—and more importantly, for keeping your workforce safe.

Why New WHS Regulations Are Coming

The WHS legislative framework in Australia is designed to adapt to emerging risks, changing workforce structures, and national goals related to sustainability, mental health, and technology. Regulators are increasingly focused on:

• Reducing the incidence of serious injuries and fatalities

• Closing gaps in psychosocial safety standards

• Integrating environmental, technological, and safety risks

• Holding company directors and officers more accountable

These priorities are shaping the reforms expected in 2026 and beyond.

Key WHS Changes to Expect in 2026

1. Stronger Obligations for Psychosocial Risks
Since Safe Work Australia released the model Code of Practice on managing psychosocial hazards, states and territories have started updating their WHS regulations accordingly. By 2026, more jurisdictions are expected to formalise legal duties related to managing stress, bullying, burnout, and other psychosocial risks. Businesses will be required to assess and control these risks just as they do with physical hazards.

2. Director Due Diligence Requirements
There is growing momentum to expand the legal responsibilities of company directors and officers when it comes to WHS compliance. This means leaders must be actively involved in safety planning, audits, and incident response—not just delegating it to their teams. Failing to meet due diligence requirements could result in increased penalties.

3. Enhanced Reporting and Transparency
Workplaces may be required to adopt more transparent incident and near-miss reporting. This includes real-time reporting tools and software that allow regulators to monitor compliance more effectively. These changes aim to improve data collection and enable faster interventions before incidents escalate.

4. Technology-Driven Compliance Expectations
With more businesses using drones, automated machinery, AI, and connected devices, WHS regulators are preparing to introduce rules around safe implementation and monitoring of these technologies. There will be stricter standards on how employers assess new tech-related risks before deployment.

5. Updates to Contractor and Labour Hire Safety
The safety of contractors and labour-hire workers is under review, with proposals to ensure these workers receive the same level of protection as full-time employees. By 2026, new legislation may clearly assign WHS responsibilities to host employers, contractors, and subcontractors alike.

How Businesses Should Prepare

Conduct a Gap Analysis
Now is the time to review your current WHS policies and procedures against known and expected legislative changes. Identify any gaps—especially in areas like mental health risk assessments, reporting systems, or director-level involvement.

Implement Flexible Digital WHS Tools
Investing in adaptable WHS management software will allow your organisation to stay compliant even as requirements change. Look for systems that allow real-time reporting, incident tracking, contractor management, and integration with other business tools.

Train Your People Regularly
Ensure all workers—from executives to frontline staff—understand their roles in WHS. Regular and role-specific training is key, especially as mental health and tech risk management become more important.

Partner with WHS Experts
Consider working with risk management consultants or providers like MiSAFE Solutions to receive tailored advice, audits, and digital tools that ensure you stay ahead of the curve.

Final Thoughts

As Australia prepares to introduce new WHS regulations in 2026, businesses must remain proactive, not reactive. These changes aren’t just about avoiding penalties—they’re about creating safer, more productive workplaces for all.

Need Help Staying Compliant?

At MiSAFE Solutions, we help businesses across Australia implement WHS systems that are compliant, efficient, and future-proof. Get in touch today to see how we can support your compliance goals for 2026 and beyond.