Schedule 1A is a new schedule proposed to be added to the Health and Safety at Work Act 2015 by the HSWA Amendment Bill. It lists the hazards that would be automatically classified as critical risks — meaning if your work involves any of these, you would be required to manage them as a priority under the proposed changes.
This page breaks down what's in the proposed Schedule 1A in plain language so you can identify which categories may apply to your business.
How Schedule 1A works
Schedule 1A doesn't create new hazards. It lists hazards that are already covered by existing health and safety regulations. What the Bill proposes is to formally classify these as "critical risks" — giving them elevated legal status.
If a hazard is listed in Schedule 1A, it would be automatically classified as a critical risk under the proposed definition. For these hazards, you would not need to apply the likelihood-based catch-all test — the classification would be automatic.
But Schedule 1A is not an exhaustive list. The proposed definition of critical risk also includes a catch-all test: 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. Your obligations may extend beyond what's listed here.
The proposed Schedule 1A categories
The following hazards are listed in the proposed Schedule 1A by reference to the regulations that govern them:
Hazardous substances
Any hazard to which the Health and Safety at Work (Hazardous Substances) Regulations 2017 apply. This covers the manufacture, use, handling, storage, and disposal of hazardous substances — including chemicals, flammable materials, corrosive substances, and toxic materials.
Who this may affect: Manufacturing, agriculture, cleaning services, laboratories, automotive workshops, painting and coating businesses, pest control, printing — any business that stores or uses chemicals beyond basic household products.
Asbestos
Any hazard to which the Health and Safety at Work (Asbestos) Regulations 2016 apply. This covers the identification, management, and removal of asbestos-containing materials.
Who this may affect: Demolition contractors, builders working on pre-2000 buildings, maintenance companies, roofing contractors, building inspectors.
Mining
Any hazard to which the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 apply in relation to mining operations.
Who this may affect: Mining operators, underground mining contractors, tunnelling operations.
Quarrying
Any hazard to which the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 apply in relation to quarrying operations.
Who this may affect: Quarry operators, aggregate suppliers, rock extraction operations.
Major hazard facilities
Any hazard to which the Health and Safety at Work (Major Hazard Facilities) Regulations 2016 apply. These are facilities that store or process large quantities of hazardous substances above specified thresholds.
Who this may affect: Large chemical storage facilities, oil refineries, gas processing plants, large-scale fertiliser storage.
Petroleum and geothermal energy
Any hazard to which the Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016 apply.
Who this may affect: Oil and gas exploration companies, geothermal energy operators, drilling contractors.
Adventure activities
The provision of an adventure activity as defined in regulation 4 of the Health and Safety at Work (Adventure Activities) Regulations 2016.
Who this may affect: Bungy operators, jet boating, white water rafting, caving, climbing, zip-lining, skydiving — any commercial adventure activity provider.
Amusement devices
Hazards to which the Amusement Device Regulations 1978 apply.
Who this may affect: Fairground operators, amusement park operators, carnival ride providers.
General workplace hazards covered by regulations
The proposed Schedule 1A also references hazards addressed by the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016. These regulations address a broad range of workplace hazards. The following are indicative of the types of hazards covered:
Working at height — any work where a person could fall and be injured
Excavation and ground disturbance — trenching, earthworks, foundation work
Demolition and refurbishment — structural demolition, stripping out buildings
Work in or near water — where there is a risk of drowning
Work involving powered mobile plant — forklifts, excavators, cranes, elevated work platforms
Work in confined spaces — tanks, silos, pits, manholes, vaults
Work involving falling objects — overhead work, scaffolding, crane lifts
Work on or near energised electrical installations
Work involving exposure to noise above exposure standard levels
Work involving exposure to airborne contaminants — dust, silica, fumes, fibres
Remote or isolated work — where a worker is working alone in a location where assistance is not readily available
Note: The above is an indicative list based on the scope of the regulations referenced in the proposed Schedule 1A. The actual schedule references the regulations by name — you should review the specific regulations that apply to your work.
The catch-all test
Beyond Schedule 1A, a risk would also be critical under the proposed definition if it's associated with any hazard that is likely to result in:
Death
A notifiable injury or illness (as defined in the Act)
A notifiable incident
An occupational disease listed in Schedule 2 of the Accident Compensation Act 2001
This means you can't just check Schedule 1A and stop. You need to look at your own work and ask: could any of our hazards realistically cause death or serious harm? If the answer is yes, it would be a critical risk under the proposed definition regardless of whether it appears in the schedule.
Examples of hazards that may be caught by the catch-all
Fatigue and fitness for work — if fatigue in your operation could contribute to a fatal incident (e.g. transport, forestry, heavy machinery)
Psychosocial hazards — workplace violence, aggression, or threats that could cause serious harm
Biological hazards — exposure to infectious agents, needle stick injuries, zoonotic diseases
Traffic management — work near live traffic or on roads
Forestry — felling, extraction, processing in the bush
Livestock handling — working with large or unpredictable animals
Manual handling — where the specific load, posture, or repetition could cause serious musculoskeletal injury
These are not listed in Schedule 1A, but they may meet the catch-all definition depending on your specific work environment.
What this means for your business
Step 1: Check Schedule 1A. Go through the categories above. Which ones apply to your operations? Most businesses will find at least two or three.
Step 2: Apply the catch-all. Look at your work and ask: is there any hazard — even one not on the Schedule 1A list — that could realistically cause death or serious harm? If yes, treat it as a critical risk.
Step 3: Verify your controls. For each critical risk, confirm that the appropriate controls are in place before work starts. This is critical risk verification — and it's what separates a compliant business from one that just has paperwork.
Step 4: Talk to a professional. If you're not sure whether your risks are "critical" under the proposed definition, get advice. Misclassifying a critical risk as non-critical is where the real legal exposure would 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, directly against the categories aligned with the proposed Schedule 1A.
Every ThinkSafe membership includes the mobile app (97 forms across 90+ industries), a complete health and safety management system (plans, policies, risk registers, emergency procedures), and access to HASANZ-registered safety professionals for advisory support, pre-qualification assistance, and incident response.
This is general information only and is not legal advice.
