SafeWork NSW and the NSW government have made substantial changes to the way fall protection and height safety will be managed in New South Wales.
What is considered best practice when it comes to working at height is, like many things, ever evolving.
Over the last year, there have been significant changes to the instruments that govern height safety and fall protection from a regulatory and legislative standpoint.
Last year two important standards were updated, including AS/NZS 1891.4:2025. This year has seen the release of a new code of practice for New South Wales as well as an important change to its Work Health and Safety Act.
Here are the top four questions our team have been asked about this.
What is changing in the Work Health and Safety Act?
Starting on 1 July 2026, a new clause is being inserted into the NSW Work Health and Safety Act 2011.
A person conducting a business or undertaking must, if the Minister approves a code of practice for the purposes of this Act—
(a) comply with the code, or
(b) manage hazards and risks arising from the work carried out as part of the conduct of the business or undertaking in a way that is different to the code but provides a standard of health and safety that is equivalent to or higher than the standard required under the code.
Codes of practice have always been admissible in court proceedings following accidents. What changes is that the code of practice is now more than a recommended course of action.
By enshrining the need to comply with the code in law, a code of practice now sets a minimum standard of safety that must be met by a PCBU (person conducting a business or undertaking) when starting work at a job site.
It gives the regulator, SafeWork NSW in this case, a better basis to issue directions to a business regarding their workplace safety methods if they deviate from what is presented in the code. The onus is on the PCBU to demonstrate their course of action is providing a better outcome for workers.
What does the new code of practice mean for existing fall protection systems?
In May 2026 SafeWork NSW introduced a new code of practice for working at height: Work on roofs – commercial and industrial buildings.
The code brings alignment to fall protection expectations from the regulator following changes to the Work Health and Safety Act (mentioned above) and AS/NZS 1891.4:2025 (released last year).
Directly, the code does not affect existing fall protection systems as it does not prescribe specific system design criteria or use of system products.
However, the code is designed to direct behaviour from workers and how they interact with fall protection systems. So, it is likely there are going to be flow-on effects from workers looking to act in compliance with the code.
For example, a system installed within two (2) metres of a fall edge may not be able to be safely accessed if the roof is pitched 7º or greater if there is no safe way to get within three (3) metres of the edge.
Does my team, or do I, need to be retrained?
If you believe you can work safely within the requirements of the new code of practice and standard, then no, you do not need retraining.
It is important to understand, however, that the new code of practice and the updates contained within AS/NZS 1891.4:2025 require careful application to your workplace or job site. Being able to demonstrate compliance with them requires knowing what they are.
Workers who do not undergo training in both these core documents run substantial risk of an inspector determining they are not competent to be working at height, which can lead to significant penalties.
The Height Safety Engineers team have been deeply involved in the development of both the new standards and the new NSW code of practice for working at height. You can contact our training team to find out about how we can help make sure your team is given the best information to stay compliant and safe.
Who needs to understand the new fall protection rules?
In short, everyone involved in any work at height needs to be across these changes.
That means building owners, PCBUs, employers, individual workers. Even associated third parties.
For example, a hire company was found to be in breach of its duty of care when it hired out an elevating work platform to a building company that was intended for indoor, warehouse use only. The EWP was taken to a building site where it became unbalanced and toppled over. No injuries came about as a result, thankfully, but there was damage to both the EWP and the structure being worked on.
The regulator investigating the incident determined the hire company did not adequately ascertain the equipment they were sending out was correct for the work being undertaken.
Everyone has a role to play in workplace safety. Not just those facing the immediate physical risks of the work.
Speak to an expert
Understanding how codes of practice, Australian standards and other legislative instruments that govern working at height relate to your building or workplace can be daunting.
The team at Height Safety Engineers can help navigate you through the web and find a safety solution that is practical, easy to use, compliant and cost-effective.
Call us on 1300 884 978, email us enquiries@heightsafety.net or visit our contact page to get in touch. Let HSE help make your workplace safe and your people protected.
