Work Health and Safety (High Risk Plant) Amendment Regulation 2026
The Work Health and Safety Act 2011 (WHS Act) and the Work Health and Safety Regulation 2011 (WHS Regulation) set requirements for certain types of ‘high risk plant’ affecting public safety even if the plant is not situated, operated or used at a workplace or used for carrying out work.
From 29 March 2026, the requirements to prescribe ‘high risk plant’ have been relocated from Schedule 1 of the WHS Act to the WHS Regulation, to align with the commencement of related provisions in the Work Health and Safety and Other Legislation Amendment Act 2024.
The following types of plant operated at non-workplace premises continue to be regulated as ‘high risk plant’:
- lifts
- cooling towers
- liquified petroleum (LP) gas cylinders
- escalators
- amusement devices.
Prescribing items as ‘high risk plant’ does not affect persons conducting a business or undertaking with management or control of plant at a workplace.
Your duties in relation to these types of plant at the workplace remain unchanged.
The WHS Regulation has also been amended to clarify that lifts in a private residence, such as a house or townhouse, are excluded from plant item registration requirements.
A discussion paper outlining the proposed approach for prescribing high risk plant by regulation was published online for public feedback from 29 September to 27 October 2025.
Minor technical amendments have also been made to ensure consistency in relation to major amusement park and demolition work licensing and requirements for processing crystalline silica substances.
These provisions commenced on 13 March 2026.