NOTICE OF DECISION Occupational Health and Safety Amendment (Workplace Exposure Limits) Regulations 2026

Published:
19 Oct 2026
Published by:
Worksafe Victoria

I, Steve Dimopoulos, Minister for WorkSafe and the TAC, and Minister responsible for administering the Occupational Health and Safety Act 2004 (OHS Act), give notice under section 12 of the Subordinate Legislation Act 1994 (SL Act) of my decision to make the proposed Occupational Health and Safety Amendment (Workplace Exposure Limits) Regulations 2026 (the proposed Regulations).

The proposed Regulations will be made under the OHS Act.

The proposed Regulations further the general duty of employers under the OHS Act to protect the health and safety of employees by providing and maintaining a working environment that is safe and without risks to health. They do this by:

  1. Ensuring the occupational health and safety regulatory framework to control employees' exposure to hazardous substances remains in place, and is further strengthened, by incorporating, from 1 December 2026, the Workplace exposure limits (WEL) list published by Safe Work Australia (SWA). The WEL list replaces the Workplace exposure standards (WES) list and is the outcome of the review of the WES list by SWA. SWA reviewed the WES list to ensure that standards are based on the highest quality, contemporary evidence.
  2. Aligning terminology with international practice and more accurately reflecting the regulatory intent that WELs are levels that must not be exceeded rather than best practice standards.

A Regulatory Impact Statement (RIS) was prepared in relation to the exposure draft of the proposed Regulations and was made available for public consultation and comment from Monday 19 January to Friday 27 February 2026 on the Engage Victoria website (engage.vic.gov.au). WorkSafe advertised the RIS and public comment process through Engage Victoria, multiple stakeholder forums, continual engagement with stakeholders and social media channels.

In response to the RIS and exposure draft of the proposed Regulations, WorkSafe received 22 submissions, but two were deemed out of scope for the project. Public comment showed broad support for the underlying objective of improving worker health and preventing occupational disease. Stakeholders consistently acknowledged the importance of reducing exposure to airborne contaminants and supported regulatory approaches that reflect contemporary understanding of health risks. However, most stakeholders did not support adopting the entire WEL list from 1 December 2026.

After consideration of the submissions received in accordance with section 11 of the SL Act, and further information from WorkSafe and key stakeholders, I have decided that the proposed Regulations should be made with the following amendments:

  1. Maintain the WES for 15 prescribed substances whose limit reductions would pose significant compliance challenges for duty holders;
    1. A separate limit (different from the WEL), enshrined in Part 4.1 Hazardous substances, for diesel particulate matter (DPM) generated in underground workings of underground mines; and
    2. A consequential amendment (triggered by the DPM limit amendment) to ensure that employer duties are imposed in relation to DPM produced or generated at the workplace, through including DPM in regulation 154(1)(b).

The policy intent is to provide a 3-year transition period, until 30 November 2029 (inclusive) for the 15 prescribed substances. I recognise that the regulations as made do not fully reflect the policy intent. This is because of advice received from Parliamentary Counsel that it would not be transparent to provide for a 3-year transition period when the OHS regulations themselves sunset prior to 30 November 2029, unless remade. I confirm that WorkSafe will provide for the remainder of the 3-year period in the remade OHS regulations. This has been clearly and extensively communicated, through various channels and forums, including WorkSafe's website, Engage Victoria, direct stakeholder communications, multiple stakeholder forums, and social media to impacted members and sectors of the public, Government departments and public sector bodies.

A response to public comment document, with further detail about the submissions received and WorkSafe's response to these, will be made publicly available on the Engage Victoria Website and at www.worksafe.vic.gov.au.

Dated 12/10/26

STEVE DIMOPOULOS MP

Minister for WorkSafe and the TAC

Updated

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