From 1 July 2026 amendments to the Work Health and Safety Regulations 2012 (the Regulations) will come into effect which make changes to the definition of high-risk construction work within the Regulations.
The Work Health and Safety Act 2012 (the Act) provides the overarching framework to ensure the health, safety and welfare of workers and workplaces in South Australia. The Regulations outline specific requirements for meeting these obligations. Both the Act and Regulations are based on national model laws developed by Safe Work Australia, which are implemented by jurisdictions across the country.
Currently, South Australia's Regulations define ‘high risk construction work’ as work involving a risk of a person falling more than three metres. This differs from the national model law- adopted by all other jurisdictions- which defines high risk construction work as involving a risk of a fall from more than two metres.
Information has shown that the three-metre threshold has contributed to increased risk for South Australian workers, with some workplaces erroneously relying on the higher threshold to avoid implementing adequate fall protection measures.
To consider alignment with the national definition and review relevant injury data, a High-Risk Construction Work Subcommittee was convened, chaired by SafeWork SA. The subcommittee met over several months and included representatives from Industry Groups representing the construction and residential housing sector, unions representing workers in the construction and residential housing sector along with the Australian Institute of Health and Safety and a representative from the Voice of Industrial Death.
The subcommittee agreed to recommend amending the Regulations to adopt the ‘more than two metres’ definition. This recommendation was progressed and the amended Regulations will come into effect on 1 July 2026.
Importantly, this change does not alter the fundamental duty to provide a safe workplace. Rather, it affects when construction work is classified as ‘high risk’, which triggers specific obligations under the Regulations.
These include:
- Ensuring a Safe Work Method Statement (SWMS) is prepared before work commences, identifying hazards and outlining control measures; and
- Ensuring work is carried out in accordance with the SWMS
Many in the construction industry are already familiar with SWMS requirements. However, for those whose work will newly fall under the ‘high risk’ category from 1 July 2026, Safe Work Australia provides an interactive guidance tool (external site) to assist with compliance.
SafeWork SA will work closely with industry over the coming months to ensure stakeholders are informed and prepared. We appreciate your support in communicating these changes to your members and networks.
Education on the amended Regulations will also be incorporated into SafeWork SA’s Construction Industry Targeted Campaigns across 2025/2026, which aim to reduce injury and death in the sector. These campaigns will focus on medium and large construction businesses, labour hire companies, and young workers registered with training organisations, and will include both proactive and reactive audits.
Falls from heights remain a leading cause of serious injury and death in the construction industry. These amendments represent a significant step toward safer workplaces for South Australians, particularly in the residential housing sector.
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