WHS Responsibilities: Workplace Falls & 2026 NSW Changes

2 days ago

Why registered club directors, CEOs and small business owners need to take workplace falls seriously following the July 2026 WHS changes.

WHS responsibilities are essential for registered club directors, CEOs and small business owners, particularly when it comes to preventing workplace falls. Understanding your WHS responsibilities means knowing how to identify workplace hazards, manage risks and protect employees, contractors and visitors from potential injuries.

When was the last time you considered how easily someone could fall at work?

Perhaps it’s a staff member using a ladder to reach stock, a maintenance worker accessing the roof, a groundskeeper working near an embankment, or a contractor repairing equipment above ceiling height.

These activities may seem routine. But one fall could result in a serious injury, permanent disability or even a fatality.

For business owners, CEOs and directors, the consequences can extend beyond the injury itself. Failing to meet your WHS responsibilities can also expose your organisation to regulatory action and potential legal consequences.

Why Workplace Falls Remain a Major WHS Responsibilities Issue

On 1 July 2026, SafeWork NSW released its regulatory priorities for 2026–27, identifying falls from heights as one of its four key safety priorities.

The regulator reported that, in the preceding 12 months, there had been:

More than 600 reported incidents involving falls from heights, including five fatalities in NSW.

These are not just construction industry statistics.

Registered clubs, hospitality venues, retail businesses and other small and medium businesses regularly undertake activities where workers may be exposed to falls.

A fall doesn’t have to be from a roof to cause a serious injury. Even a relatively low height can have devastating consequences.

Workplace fall prevention is not just a construction industry concern. Employees, contractors and visitors can be exposed to fall hazards in registered clubs, hospitality venues, retail premises, warehouses and offices.

Businesses must understand their WHS responsibilities when managing these risks, including identifying potential fall hazards and implementing appropriate safety controls.

Both falls from heights and slips, trips and falls at ground level should be considered when reviewing workplace risk management procedures.

What Changed Under NSW WHS Legislation on 1 July 2026?

A significant change to NSW work health and safety legislation commenced on 1 July 2026.

Under section 26A of the Work Health and Safety Act 2011, businesses must now comply with applicable approved Codes of Practice or manage the relevant hazards and risks using another method that provides an equivalent or higher standard of health and safety.

Previously, Codes of Practice provided recognised guidance on how businesses could meet their safety obligations.

They now carry greater legal weight as minimum performance standards.

For workplace falls, the NSW Managing the Risk of Falls at Workplaces Code of Practice provides guidance on identifying fall hazards, selecting suitable controls, safely using ladders and managing work at heights.

These legislative changes make it even more important for businesses to understand their WHS responsibilities and ensure their workplace safety arrangements meet the required standards.

This means businesses should review their existing arrangements rather than assume a written safety policy or an old risk assessment is sufficient.

Understanding your WHS responsibilities also means knowing which approved Codes of Practice apply to your business activities and ensuring that appropriate risk management processes are in place.

What Are the WHS Responsibilities of Directors and CEOs?

Under section 27 of the WHS Act, officers already have a legal obligation to exercise due diligence to ensure their organisation complies with its health and safety duties.

The July changes did not create that duty, but they introduced another key compliance requirement officers must consider.

Due diligence is more than attending a board meeting, approving a WHS policy or receiving an incident report.

It requires officers to take reasonable steps to understand workplace risks, ensure suitable resources and processes are available, and verify that safety controls are being used effectively.

Understanding WHS responsibilities is particularly important for directors and CEOs, who must exercise due diligence to ensure their organisation meets its workplace health and safety duties.

Directors and CEOs should regularly review how their organisation manages workplace risks and whether the systems supporting their WHS responsibilities are effective.

Consider these questions:

If a worker fell from a ladder tomorrow, could your organisation demonstrate that:

The activity and fall risk had been identified?
Safer alternatives to using the ladder had been considered?
Appropriate equipment and controls were provided?
The worker was trained and authorised to undertake the task?
Supervisors had checked that the work was being performed safely?
Management had reviewed the controls and addressed any identified issues?

If you cannot confidently answer these questions, it may be time to review how your organisation meets its WHS responsibilities.

How Can Businesses Meet Their WHS Responsibilities and Prevent Workplace Falls?

Preventing falls does not have to involve complicated systems or excessive paperwork.

It does, however, require a practical and consistent approach.

Meeting your WHS responsibilities requires businesses to take a proactive approach to identifying workplace hazards, implementing appropriate controls and monitoring their effectiveness.

1. Identify Where Falls Could Occur

Walk through your workplace and look at ladders, storage areas, steps, loading docks, plant rooms, roofs, maintenance activities and other locations where people could fall.

Also consider wet floors, uneven surfaces and other slip and trip hazards. These need to be managed under the broader WHS risk management duties and relevant guidance.

Identifying these hazards is an important part of your WHS responsibilities because it allows your organisation to address potential risks before someone gets injured.

2. Review Existing Workplace Fall Prevention Controls

Can the task be performed safely from the ground? Can equipment be relocated to avoid working at height? Are guardrails, suitable work platforms or other fall prevention measures needed?

Simply telling workers to be careful is not an adequate substitute for effective risk controls.

Businesses should regularly review their safety arrangements to ensure they continue to meet their WHS responsibilities and provide an appropriate level of protection.

3. Make Sure Workers and Contractors Understand the Risks

Provide appropriate training, instruction and supervision.

Where specialist work at heights is required, ensure competent contractors are engaged and suitable risk controls are established before work begins.

Engaging a contractor does not automatically remove the organisation’s own WHS responsibilities.

Business owners and managers should ensure workers and contractors understand the hazards associated with their tasks and know how to follow established safety procedures.

4. Give Supervisors Responsibility for Checking Safety

Supervisors are often best placed to identify unsafe activities before an incident occurs.

Encourage regular safety walks, discussions with workers, hazard reporting and timely follow-up of corrective actions.

Effective supervision also helps management demonstrate that WHS responsibilities are being carried out in practice rather than simply documented in workplace policies.

5. Keep Evidence That Workplace Safety Is Being Managed

Maintain relevant risk assessments, inspection records, training records, contractor documents, incident reports and corrective actions.

For registered clubs, management and the board should also receive appropriate WHS reporting so they can understand significant risks and verify that action is being taken.

The aim is not paperwork for its own sake. It is being able to demonstrate that risks have been identified, controls are working and problems are being addressed.

Maintaining accurate records also supports your WHS responsibilities by providing evidence of the actions taken to identify hazards, manage risks and monitor workplace safety.

Questions to Ask at Your Next Management or Board Meeting

“How do we know our workers and contractors are protected from falls, and what evidence do we have that our controls are working?”

If that question cannot be answered, it deserves attention.

Workplace safety cannot rely entirely on a policy sitting in a folder or the assumption that experienced employees will always work safely.

It requires leadership, consultation, effective controls and regular verification.

Directors and management should regularly discuss WHS responsibilities during board and management meetings, particularly when reviewing significant workplace risks, incidents and corrective actions.

Don’t Wait for a Serious Fall to Review Your WHS Responsibilities

The July 2026 legislative changes are an important reminder that approved Codes of Practice must be taken seriously.

For registered clubs and small to medium businesses, this is an opportunity to review existing practices, strengthen supervision and ensure safety responsibilities are understood at every level.

You don’t need a large WHS department to manage falls effectively. You need a practical system, people who understand their responsibilities and evidence that the system is working.

Reviewing your WHS responsibilities regularly can help your organisation identify workplace hazards, strengthen safety procedures and demonstrate ongoing compliance.

Taking the time to understand your WHS responsibilities can also help management identify gaps in existing safety arrangements before they result in workplace incidents or regulatory issues.

How CHD Partners Can Help You Meet Your WHS Responsibilities

Understanding your WHS responsibilities is one thing. Having practical systems in place to manage workplace risks is another.

At CHD Partners, we support registered clubs and small to medium businesses with workplace health and safety compliance, risk management, safety procedures and ongoing compliance activities.

Our team can help organisations better understand their WHS responsibilities and implement practical systems to support ongoing workplace health and safety compliance.

Through our CIRT compliance management system, organisations can record and manage risk assessments, workplace inspections, staff training, reported hazards and corrective actions in one centralised system.

This helps management maintain visibility over workplace risks, monitor safety controls and demonstrate ongoing WHS due diligence.

If you’re unsure whether your existing workplace fall prevention procedures and risk assessments meet the July 2026 NSW WHS requirements, contact CHD Partners to discuss how we can help.

Protect your people.

Support your supervisors.

Demonstrate your due diligence.