Published 28 April 2026 by the RLM Consult Certify Comply team
Codes of practice in New South Wales have always been admissible evidence of what is reasonably practicable. From 1 July 2026 they become something stronger: a person conducting a business or undertaking must comply with an approved code of practice, or be able to demonstrate that it manages the risk to an equivalent or higher standard. For construction, rail maintenance and civil contractors that means the codes on construction work, excavation, falls, plant, demolition, manual tasks and psychosocial hazards are, in effect, mandatory in nine weeks.
What the change actually says
The amendment to the Work Health and Safety Act inserts a duty to comply with approved codes of practice, with a defence where the business can show it has achieved a standard of health and safety equivalent to or higher than the code. Two consequences follow. First, “we do it differently” is still allowed, but only if you can prove the different method is at least as safe, which means documented risk assessment, not preference. Second, inspectors gain a simpler enforcement path: a departure from a code that cannot be justified is a breach, without the longer argument about reasonable practicability.
The codes that apply to most of our clients
SafeWork NSW’s approved codes include, among others:
- Construction work
- Excavation work
- Managing the risk of falls at workplaces
- Demolition work
- Managing the risks of plant in the workplace
- Hazardous manual tasks
- Managing psychosocial hazards at work
- Confined spaces
- Managing electrical risks in the workplace
- Managing noise and preventing hearing loss at work
- Safe design of structures
- Work health and safety consultation, cooperation and coordination
- How to manage work health and safety risks
Check the current list on the SafeWork NSW website, because codes are added and revised, and the version approved at 1 July is the one that binds.
A nine week check
Weeks 1 to 3: map
List the codes that apply to your work. For each, identify the procedures, safe work method statements, inspection checklists and training modules in your safety management system that address it. Most contractors find that eighty per cent of the content is covered and the rest is spread across documents that have not been reviewed since they were written.
Weeks 4 to 6: close the gaps
Where a code sets a specific expectation your documents do not meet, either adopt it or document why your method is equivalent or better. Typical gaps we see: exclusion zones and spotter requirements for plant that do not match the plant code, excavation procedures that skip the ground assessment steps, falls procedures that permit methods the code puts lower on the hierarchy without justification, and psychosocial hazards missing from the risk register altogether.
Weeks 7 to 9: prove it
Train supervisors on what changed, verify on site that the practice matches the procedure, and record it. An internal audit in June, with findings closed before 1 July, is the evidence that you took the change seriously. It is also what a client’s HSE manager will ask for at the next prequalification.
What an ISO 45001 system already gives you
ISO 45001 requires you to determine your legal and other requirements and to evaluate compliance with them. Approved codes of practice are legal requirements from 1 July, so the compliance register and the evaluation process in a certified system are exactly the mechanism to manage the change. The systems that struggle are the ones where safe work method statements were bought as a bundle and never connected to a compliance obligations register. If that describes yours, the code mapping exercise will show it quickly.
The wider context
This is the third significant WHS change in NSW within twelve months, following the new Work Health and Safety Regulation 2025 in August last year and the union proceedings and digital work systems amendments this year. SafeWork NSW has more inspectors, including the psychosocial inspectors announced in March, and courts have been imposing larger penalties. The direction is consistent: the regulator wants to see documented systems that match what happens on site, and it is acquiring the tools to check.
Frequently asked questions
Are codes of practice mandatory in NSW?
From 1 July 2026, yes. A person conducting a business or undertaking in NSW must comply with an approved code of practice under the Work Health and Safety Act, or demonstrate that it manages the risk to a standard equivalent to or higher than the code.
Can I use a method that differs from a code of practice?
Yes, provided you can demonstrate that the method achieves a standard of health and safety equivalent to or higher than the code. That requires a documented risk assessment and evidence, not just a preference for the alternative method.
Which codes of practice apply to construction in NSW?
The most relevant approved codes include construction work, excavation work, managing the risk of falls, demolition work, managing the risks of plant, hazardous manual tasks, managing psychosocial hazards, confined spaces, managing electrical risks, noise, safe design of structures, consultation and how to manage WHS risks. Check SafeWork NSW for the current list.
Does ISO 45001 certification mean I comply with the codes?
Not automatically, but a certified ISO 45001 system includes a compliance obligations register and a process for evaluating compliance, which is the mechanism for demonstrating that your procedures meet the codes.