New Zealand's health and safety law is set to change. The Health and Safety at Work Amendment Bill was introduced to Parliament in February 2026 and represents the most significant proposed reform since the original Act came into force in 2016.
This page explains what's proposed, who it affects, and what you can do now to prepare — in plain language, not legalese.
What the Amendment Bill proposes
The Bill proposes refocusing the entire Health and Safety at Work Act around one concept: critical risk.
Instead of requiring every business to manage every possible risk equally, the proposed changes would require businesses to identify and prioritise the risks most likely to cause death or serious harm. These are called critical risks.
The Bill proposes three main changes:
1. Defines "critical risk" in law for the first time. A critical risk would be a risk associated with either a hazard listed in a new Schedule 1A (a defined list of high-risk activities and substances), or any hazard that is likely to result in death, a notifiable injury or illness, a notifiable incident, or an occupational disease listed in Schedule 2 of the Accident Compensation Act 2001.
2. Creates a new category of "small PCBU". A small PCBU would be a business with fewer than 20 workers for at least nine months of the year. Under the Bill, small PCBUs' primary duties under sections 36–43 of the Act would be focused on managing critical risks and providing basic worker welfare facilities.
3. Strengthens Approved Codes of Practice (ACOPs). ACOPs would become "safe harbours" — if you follow an approved code of practice for a particular risk, you would be taken to have met your legal duty for that risk. This would give businesses more certainty about what is expected of them.
What is Schedule 1A?
Schedule 1A is the new schedule proposed to be inserted into the Act. It lists specific hazards that would automatically be classified as critical risks. These are hazards already covered by existing high-risk regulations — things like asbestos, mining, quarrying, hazardous substances, major hazard facilities, adventure activities, and a range of general workplace hazards addressed in the current regulations.
If your work involves any activity or substance listed in Schedule 1A, it would be classified as a critical risk under the proposed definition.
But Schedule 1A isn't the whole picture. The proposed definition also includes a catch-all: any hazard that is likely to result in death, serious injury, serious illness, a notifiable incident, or an occupational disease. So even if your specific hazard isn't listed in Schedule 1A, if it could kill someone or cause serious harm, it would be a critical risk and you would need to manage it.
Read the full Schedule 1A breakdown →
What would this mean for businesses under 20 workers?
If your business has fewer than 20 workers, the Bill proposes significant changes to what the law would expect of you.
Under the current Act, every PCBU has the same broad duty to manage all risks. Under the proposed changes, small PCBUs' primary duties would be focused on managing critical risks and providing basic facilities (first aid, emergency plans, drinking water, lighting, ventilation).
This wouldn't mean you can ignore everything else. It means the law would recognise that a three-person plumbing firm shouldn't have the same paperwork burden as a 500-person construction company. You would still need to keep people safe — but your primary legal obligations would be proportionate to the serious risks you actually face.
Read our guide for businesses under 20 workers →
What would this mean for larger businesses?
If your business has 20 or more workers, your duty to manage all risks would remain. However, the Bill proposes a new requirement to prioritise critical risks over other risks. In practice, this would mean addressing critical risks first, reviewing and monitoring controls for those risks more frequently, and directing more of your health and safety resources toward them.
What about officers and directors?
The Bill proposes clarifying the officer's due diligence duty. Officers (typically directors, partners, or those with significant influence over the business) would still have a duty to exercise due diligence — but the Bill draws a clearer line between what you do as a governance figure and what you do as a worker. If you're a working director who's also on the tools, your officer duties would relate to your governance role, not your day-to-day work.
Where is the Bill up to?
The Bill passed its first reading in February 2026 and public submissions closed in March 2026. It's currently before the Select Committee. The Bill may change during this process, and implementation timing will be confirmed once the Bill passes.
Now is a good time to prepare — not after it becomes law.
What can you do now?
1. Understand your critical risks. Look at the proposed Schedule 1A list and identify which hazards apply to your work. Then apply the catch-all test: do you have any other hazards that could cause death or serious harm?
2. Verify that controls are in place. It's not enough to have a list of risks. You need to be able to show that the right controls are in place before work starts — especially for high-risk activities. This is what critical risk verification does.
3. Get your documentation sorted. Under the proposed changes, businesses that can demonstrate they're managing critical risks would have clearer evidence of meeting their duty. A health and safety plan, risk register, and verification records are practical evidence.
4. Get advice if you're unsure. If you're not sure whether your risks would be "critical" under the proposed definition, talk to a health and safety professional. Misclassifying a critical risk as non-critical is where real exposure could sit under the amended Act.
How ThinkSafe helps
ThinkSafe offers dedicated critical risk verification — built into the app and ready to use.
Workers verify that controls are in place before starting high-risk work — against categories that reflect the types of hazards proposed in Schedule 1A.
Every ThinkSafe membership includes the mobile app (97 forms across 90+ industries), a health and safety management system (plans, policies, risk registers, emergency procedures), and access to safety professionals for advisory support, pre-qualification assistance, and incident response.
Start your free trial →
This is general information only and is not legal advice.
