Health and Safety at Work Amendment Bill

Legislative Update

On 9 February 2026, the Government introduced the Health and Safety at Work Amendment Bill, this Bill amends the Health and Safety at Work Act 2015(the HSW Act) intending to sharpen the system’s focus on critical risks while reducing unnecessary compliance costs for businesses and organisations.

Objectives of the Bill

The key objectives are to:

1. Reduce unnecessary compliance costs
2. Increase certainty for businesses about their obligations
3. Support continued reductions in workplace fatalities, injuries and illnesses

The proposed changes aim to achieve these outcomes by focusing the system on critical risks, clarifying areas of confusion, strengthening approved codes of practice (ACOPs), and prioritising the functions of regulators.

The Most Significant Change – Focus on Critical Risks

Arguably the most significant and potentially controversial change is the shift toward prioritising critical risks.

The Government proposes that concentrating on critical risks will direct resources and attention toward preventing serious harm — rather than focusing regulatory effort on minor issues.

What is a Critical Risk?

Under the Bill, a critical risk is defined as a risk associated with a hazard that is likely to result in:

• Death
• A notifiable injury, illness or incident (as defined in sections 23 and 24 of the Health and Safety at Work Act)
• An occupational disease (as defined in Schedule 2 of the Accident Compensation Act 2001)
  
  

Implications for PCBUs

• Small PCBUs (fewer than 20 workers for at least nine months of the year) would be required to manage only critical risks.
• All other PCBUs would need to manage all risks, but with a clear priority placed on critical risks.

This distinction may significantly reshape compliance expectations depending on business size and structure.

Next Steps

Following its First Reading, the Bill will proceed to a Select Committee. This stage provides an opportunity for public submissions and further scrutiny before potential amendments and progression through Parliament. 

• Businesses and stakeholders should monitor developments closely, as the final form of the legislation may evolve through consultation.

• You can view more information on this Bill and other regulatory updates here.

Business Canterbury will continue to keep members informed as the Bill progresses.