The Health and Safety at Work Amendment Bill 2026 proposes updates to the Health and Safety at Work Act 2015 (HSWA). These changes aim to focus the health and safety system more clearly on critical risks—those hazards that could lead to serious outcomes, such as death, notifiable injuries or illnesses, notifiable incidents, or certain occupational diseases.
Critical risks cover hazards listed in a new Schedule 1A (including areas like asbestos, hazardous substances, mining, pressure equipment, and adventure activities) as well as any hazard likely to cause those serious results, based on what a business reasonably knows or should know about its operations.
For small businesses (a ‘Small PCBU’ has been defined in the amendment bill as a PCBU having fewer than 20 workers on average over the financial year, accounting for fluctuations), the main duties under sections 36–43 of the HSWA (with some exceptions) and certain regulations (covering information, training, supervision, and personal protective equipment) would apply only to critical risks. Small businesses would still need to fully meet requirements for worker welfare, such as providing suitable facilities for hygiene, rest, lighting, and first aid. They would also need to prioritise critical risks across all their health and safety efforts—meaning managing them first, reviewing controls more often, and allocating appropriate resources—though failing to prioritise is not itself an offence.
Larger businesses (20 or more workers) would continue to manage all risks but must prioritise critical risks in the same way, giving them greater attention and resources.
Other proposed changes include clearer guidance on officer due diligence (for directors, partners, or those in governance roles), which outlines specific reasonable steps they must take; stronger approved codes of practice (ACOPs) that offer a "safe harbour" for compliance if followed; and ways to reduce overlaps with other laws, where meeting certain external requirements could satisfy HSWA duties in some cases. (please see Safety Managed socials for updates on where to submit consultation on these ACOPs as they are drafted)
These proposals could mean that small businesses direct their primary health and safety efforts toward the hazards with the greatest potential for serious harm, while continuing to maintain everyday welfare standards. The intent is to help simplify compliance in lower-risk areas.
The Bill has passed its first reading and is now with the Education and Workforce Committee. Submissions close at 11:59 pm on Wednesday, 18 March 2026. You can make a direct submission through the New Zealand Parliament website here: Make a submission on the Health and Safety at Work Amendment Bill.
Several organisations are gathering feedback through surveys or consultations to help shape their submissions:
Employers and Manufacturers Association (EMA): Visit ema.co.nz for details on their position and any opportunities to contribute.
Construction Health and Safety New Zealand (CHASNZ) - Click Here for survey
New Zealand Institute of Safety Management (NZISM): They are planning a submission and may have resources or events at nzism.org. - Complete the survey by clicking here
This is a good time for businesses to share their perspectives on how these changes could work in practice.
At Safety Managed, we're following the developments closely. We've recently launched a new Instagram page @safety.managed where we'll post regular updates on the proposed changes along with straightforward, practical tips for New Zealand businesses to help stay prepared and informed. We'd love for you to follow along.
If you'd like to discuss what this might mean for your workplace or need any support, feel free to reach out via safetymanaged.co.nz. We're here to help