Fall From Height Regulations in High Risk Construction

From 1 October 2026, Western Australia’s high risk construction industry must comply in full with regulation 79 of the Work Health and Safety (General) Regulations 2022.

This has been a long running transitional arrangement, which allowed high risk construction businesses to keep using the older fall protection thresholds until 30 September 2026.

We’ve broken down what it means, and what you need to do.

Ensure your company stays compliant

24

workplace fatalities in Australia in 2024 due to falls from height

Source: Key WHS Statistics Australia 2025, Safe Work Australia

2nd

leading cause of workplace deaths in Australia in 2024

Source: Key WHS Statistics Australia 2025, Safe Work Australia

$10M

Maximum body-corporate penalty

For industrial manslaughter under the WA WHS Act 2020

Transitional Period Ends on 30th September 2026

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3 Key Regulations You Need to Know

Reg.78

Management of risk of fall

A PCBU must manage the risk of anyone falling from one level to another if that fall could injure them. There is no minimum height. If a fall could hurt someone, you have to manage that risk. This duty has applied since 31 March 2022.

Reg.79

Specific requirements to minimise risk of fall

Until 30 September 2026, high risk construction work follows the older OSH regulation 3.55 instead of regulation 79. Regulation 3.55 covers a fall of two metres or more off scaffolds, or three metres or more off any other edge.

From 1 October 2026 that concession ends and the work moves to regulation 79. This is the same rule the rest of industry has followed since 2022. Where reasonably practicable, do the work on the ground or on a solid construction. Where you can’t, work down a set of controls from safest to last resort. A six-month Statement of Regulatory Intent then follows to ease the transition.

Reg.80

Emergency and rescue procedures

Where a PCBU provides a fall arrest system as a control measure, Regulation 80 requires emergency procedures to be established, tested for effectiveness, and covered in worker information, training and instruction.

The obligation is triggered by the use of a fall arrest system, it is not a blanket requirement applying to every task above a set height.

Frequently Asked Questions

The WA WHS Regulations 2022 aren’t designed to catch teams out, they’re designed to set a clear, practical standard for fall prevention on site. Most of what applies builds on good practice that already exists in construction. The goal is to make it consistent, documented, and verifiable.

It’s the end of a concession, not a new law. Since WA’s WHS laws began in March 2022, businesses doing high-risk construction work in general industry have been allowed to keep managing fall risks the old way (under OSH Regulation 3.55) instead of the WHS General Regulations. That allowance runs until the close of 30 September 2026. After that, the WHS fall-management duties apply in full.

Start the transition

If a person on your construction site is at risk of a fall that could cause injury, you have work to do before 1 October 2026. If you would like a hand getting ready, talk to us today.

Critical Risk Management At Epigroup, we believe risk management isn’t a brake, it’s a lever for performance, clarity, and smart, timely decisions.

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