The Health and Safety at Work Amendment Act 2026 changes the Health and Safety at Work Act 2015 (HSWA) from 1 April 2027. WorkSafe's page on understanding the changes to health and safety law confirms that date and summarises what changes. At the centre of the reform is the idea of a critical risk. This guide explains that idea in plain language, based on what WorkSafe has published so far.
What Counts as a Critical Risk
WorkSafe's guidance on the updated purpose of HSWA describes critical risks as risks associated with hazards that are likely to cause death, serious injury, serious illness or long-term harm. Its summary of the changes adds more detail: critical risks are those tied to hazards listed in a new Schedule 1A of HSWA, or to any hazard likely to result in death, a notifiable injury, illness or incident, or an occupational disease listed in Schedule 2 of the Accident Compensation Act 2001.
One point is easy to miss. WorkSafe explains that "likely to result" refers to the chance that harm results if an incident occurs, not the chance that the incident happens. A rare event that would probably kill someone if it did happen is still a critical risk.
Small and Large Businesses Are Treated Differently
WorkSafe says a small business is one with fewer than 20 workers for at least nine months of a financial year. The table below sets out what WorkSafe says changes from 1 April 2027.
| Business | What WorkSafe says applies from 1 April 2027 |
|---|---|
| Small PCBU (fewer than 20 workers) | Needs to manage only critical risks, plus risks covered by specific provisions, and must prioritise critical risks when complying with HSWA and its regulations |
| Large PCBU (20 or more workers) | Must still manage all risks, but must prioritise critical risks when deciding what to address first and how to allocate time, money and resources |
| Two or more PCBUs sharing a duty | Must consult, co-operate and co-ordinate so far as is reasonably practicable |
| PCBU following an approved code of practice | Considered to have met its HSWA obligations for the risk the code covers |
WorkSafe also says complying with another Act that manages the same risk will be treated as complying with HSWA, that officer duties have been clarified to focus on governance functions, and that people other than the regulator will be able to develop approved codes of practice for WorkSafe to review and put to the Minister.
What the Reform Does Not Do
An earlier version of this article described mandatory written critical risk registers, an annual written certification by officers of companies with 20 or more employees, prescribed minimum control standards published by WorkSafe for each category of risk, a requirement to notify WorkSafe within 24 hours of any control failure, and an indicative list of designated activities. None of these appears in WorkSafe's published summaries of the changes, and we have removed them. We regret the error.
WorkSafe has said that further guidance, information and resources will be available in the lead-up to 1 April 2027. Until that is published, treat any detailed checklist that claims to describe new mandatory documents or deadlines with caution, and check it against WorkSafe's own pages.
What This Means for Public Liability Insurance
The reform does not require any business to hold public liability insurance, and it does not change how liability policies work. It does change the yardstick that will be used to judge a business after something goes wrong.
The Duty to the Public Stays
Section 36(2) of HSWA requires a PCBU to ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the business. Clients, visitors and passers-by are exactly the people a public liability policy is concerned with. A small business that narrows its focus to critical risks should still think about who else is near the work.
Codes of Practice Become the Benchmark
Because following an approved code of practice will be treated as meeting the duty for the risk it covers, the code becomes the obvious standard after an incident. Expect principals, insurers and claimants to ask whether it was followed, and keep records that show it was.
Fines Remain Uninsurable
Section 29 of HSWA makes an insurance policy of no effect to the extent it indemnifies a fine or infringement fee under the Act, and entering into or offering such a policy is an offence. Legal defence costs and reparation are different, so ask your adviser whether you hold statutory liability cover and what it includes.
Practical Steps Before April 2027
- Count your workers over the financial year to work out whether you are a small or large PCBU
- List the hazards in your work that could cause death, serious injury, serious illness or long-term harm if something went wrong, and the controls you rely on for each
- Check whether an approved code of practice applies to your work, and whether you can show you follow it
- Brief directors and other officers on the clarified, governance-focused due diligence duty
- Review arrangements with principals and subcontractors on shared sites, because the duty to consult, co-operate and co-ordinate continues
- Watch WorkSafe's changes pages for the further guidance it has promised
- Tell your insurer or adviser about changes in the work you do, and confirm your public liability and statutory liability limits still fit
Next Steps
For the wider picture of the Amendment Act, read our guide to the Health and Safety at Work Amendment Act 2026. Our coverage guide explains how public liability and statutory liability divide the risk. To have a referred adviser review your cover before 1 April 2027, Get a Quote or email hello@cover4you.co.nz.