The obligation
From 1 July 2026, PCBUs must comply with the Falls Code of Practice or demonstrate an equivalent or higher standard of hazard management.
Section 26A of the WHS Act 2011 (NSW), commenced 1 July 2026, creates a positive duty for PCBUs to comply with approved codes of practice, including this Falls CoP. PCBUs may instead manage hazards and risks in a different way, provided the alternative is equivalent to or higher than the standard in the Code. This changes the Code from being purely evidentiary guidance to an enforceable minimum standard.
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- What
- From 1 July 2026, PCBUs must comply with the Falls Code of Practice or demonstrate an equivalent or higher standard of hazard management.
- Source
- safework.nsw.gov.au
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s26A
WHS Act 2011
duty to comply
minimum standard
PCBU
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Frequently asked questions
Which WHS law does this come from?
Duty to comply with the Falls CoP under s26A WHS Act 2011 is a WHS requirement set out in Managing risks of falls at workplaces (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Managing risks of falls at workplaces > Legal Framework.
What does this WHS obligation require?
Duty to comply with the Falls CoP under s26A WHS Act 2011 is a WHS obligation under Managing risks of falls at workplaces (NSW). In short, From 1 July 2026, PCBUs must comply with the Falls Code of Practice or demonstrate an equivalent or higher standard of hazard management.
What changed recently?
Duty to comply with the Falls CoP under s26A WHS Act 2011 was last updated on 13 August 2026.