The obligation
From 1 July 2026, WHS Act 2011 s 26A requires PCBUs to comply with approved CoPs or demonstrate an equivalent or higher standard of hazard/risk management.
Section 26A of the Work Health and Safety Act 2011 (NSW) commenced 1 July 2026. It elevates all approved Codes of Practice — including the Managing the Work Environment and Facilities Code — to minimum performance standards. PCBUs must either comply with the Code or manage hazards and risks in a way that is equivalent to or higher than the standard set out in the Code. The PCBU bears the onus of demonstrating any departure meets this equivalence threshold.
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- What
- From 1 July 2026, WHS Act 2011 s 26A requires PCBUs to comply with approved CoPs or demonstrate an equivalent or higher standard of hazard/risk management.
- Source
- safework.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
WHS Act s 26A — CoPs now minimum compliance standards from 1 July 2026 is a WHS requirement set out in Managing the work environment and facilities (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Work Health & Safety > Codes of Practice > Legal Status § 26A.
What does this WHS obligation require?
WHS Act s 26A — CoPs now minimum compliance standards from 1 July 2026 is a WHS obligation under Managing the work environment and facilities (NSW). In short, From 1 July 2026, WHS Act 2011 s 26A requires PCBUs to comply with approved CoPs or demonstrate an equivalent or higher standard of hazard/risk management.
What changed recently?
WHS Act s 26A — CoPs now minimum compliance standards from 1 July 2026 was last updated on 13 August 2026.