Codes of Practice
Further Information
For further information around general harmonisation, the WHS Act, Model WHS Act, regulations and codes of practice.Approved Codes of Practice
The Work Health and Safety Approved Codes of Practice 2011 (WHS Codes of Practice) are critical to understanding the duties contained in the Work Health and Safety Act 2011 (Cth) (WHS Act) and WHS Regulations.
The WHS Codes of Practice provide practical guidance to support the WHS Act and WHS Regulations. Non-compliance with Codes of Practice does not necessarily constitute a non-complance of WHS legislation.
WHS Codes of Practice are not mandatory and if the Person Conducting a Business or Undertaking (PCBU) can find an equivalent means of providing the same level of health and safety—as provided for in the WHS Code of Practice—then that is an acceptable course of action. However, WHS Codes of Practice do have evidentiary status in court.
Priority Codes
Significant consultation was undertaken during the development of the first stage (priority codes) WHS Codes of Practice.
On 2 December 2010, Safe Work Australia members agreed to release an exposure draft of the model WHS Regulations and first stage model Codes of Practice for public comment for a period of four months from 7 December 2010 to 4 April 2011. A discussion paper also accompanied the exposure draft.
Safe Work Australia held five members’ meetings involving representatives of government, employer and employee organisations to progress the harmonisation of the work health and safety framework in Australia.
There were also 27 Strategic Issues Group for Occupational Health and Safety (SIG-OHS) meetings held and consultative forums with Australian Chamber of Commerce and Industry (ACCI), the Australian Industry Group (Ai Group), the Australian Council of Trade Unions (ACTU) and their members and affiliates.
The release of the Consultation Regulation Impact Statement (RIS) provided an opportunity for consideration of 1343 public submissions as well as feedback from focus groups in all states and territories and an online survey.
Priority Codes of Practice
- How to Manage Work Health and Safety Risks
- Managing the Work Environment and Facilities
- Work Health and Safety Consultation, Co-operation and Co-ordination
- Managing Noise and Preventing Hearing Loss
- Hazardous Manual Tasks
- Confined Spaces
- Managing the Risk of Falls at Workplaces
- Preparation of Safety Data Sheets for Hazardous Chemicals
- Labelling of Workplace Hazardous Chemicals
- How to Manage and Control Asbestos in the Workplace
- How to Safely Remove Asbestos
You can access the Code of Practice codes listed above on the Comlaw website:
Second stage Codes of Practice
These codes will be introduced in 2012 and will replace any corresponding Parts in the Occupational Health and Safety Approved Codes of Practice 2008 (OHS Codes). Until these additional second stage codes are finalised, any existing OHS Code will continue to apply in the Commonwealth jurisiction.
Second stage Codes of Practice cover:
- First Aid in the Workplace.
- Managing Risks in Construction Work.
- Preventing Falls in Housing Construction.
- Managing Electrical Risks at the Workplace.
- Managing Risks of Hazardous Chemicals.
- Managing Risks of Plant in the Workplace.
- Safe Design of Building and Structures.
- Excavation Work.
- Demolition Work.
- Spray Painting and Powder Coating.
- Abrasive Blasting.
- Welding and Allied Processes.
- Safe Access in Tree Trimming and Arboriculture.
- Preventing and Managing Fatigue in the Workplace.
- Preventing and Responding to Workplace Bullying.
For further information on Codes: