Frequently Asked Questions about the OHS Code 2008

These FAQs have been developed to help answer some of the common questions relating to the new code.

Q. How does the OHS Code 2008 differ from the previous codes of practice?

The Occupational Health and Safety Code of Practice 2008 (OHS Code 2008) replaced the 27 codes of practice that previously operated under the Commonwealth OHS Act. This means it is now a single document with 261 pages instead of 50 documents with 2800 pages.

The new code has 25 parts, comprising the following:

• Sixteen parts have been reviewed and redrafted to replace previous codes 
• Five parts are new codes that cover new hazards resulting from the expanded Commonwealth OHS jurisdiction
• Four parts are reserved for codes that will be implemented soon

Q. Why was the new code developed?

A review of the previous approved codes of practice found that they no longer provided adequate support to the Occupational Health and Safety Act 1991 (the OHS Act) and the Occupational Health and Safety (Safety Standards) Regulations 1994.

Other concerns included the excessive amount of prescription, the lack of clarity on safety requirements and responsibilities, the number of outdated references and the duplication of requirements with other legislative frameworks.

Q. What are the main benefits of the new code?

The OHS Code 2008:

• removes excessive referral to Australian Standards (other than for technical assistance)
• removes unnecessary prescription
• is one document instead of approximately 50 documents
• is free for download from Comlaw
• is easy to read with no duplication of requirements
• adopts a holistic approach to safety
• is in line with policy to reduce legislative burden, and
• does not reduce safety requirements.

Q. Are there any new codes?

There are five new codes which provide guidance on:

• risk management
• occupational diving
• abrasive blasting
• spray painting, and
• cash in transit.

Q. What are some of the specific changes?

• First Aid (Part 2) - changes in first aid where the ‘risk management’ and ‘deemed to comply’ options are no longer available. This Part also provides more comprehensive guidance for the duty holder on the first aid requirements in the workplace.
  
  
• Noise (Part 3) - provides comprehensive detail on the risk management of noise in the workplace.
  
  
• Human Immunodeficiency Virus and Hepatitis B & C (Part 6) - has added Hepatitis C as well as current information for the prevention and risk control of HIV and Hepatitis B.
  
  
• Dangerous Goods (Part 11) and Hazardous Substances (Part 12) - provides guidance on the mandatory requirements of the Safety Standards Regulations.
  
  

Q. Some parts of the new code are under development - when will they be amended?

• Manual tasks and Asbestos in situ - these codes are being developed; however, they are dependent on changes to the Hazardous Substances and Manual Handling regulations.
  
  
• Construction Induction training - this code has been developed and will shortly be available on the Comcare website for public consultation.
  
  
• Falls in Construction - this code is being developed in line with ASCC’s Code 'Falls in Construction'.
  
  

Q. There are eight parts not covered in the new code - what is happening with these?

• Approved Code of Practice for Interior Lighting and the Approved Code of Practice for Visual Display Units - these codes are adequately covered in the Comcare booklet Officewise.
  
  
• Approved Code of Practice Non-Ionising Radiation and the Approved Code of practice for Ionising Radiation - radiation safety is comprehensively regulated by ARPANSA. 
  
  
• Approved Code of Practice Occupational Health and Safety Competency Standards for the Operation of Loadshifting Equipment and other Types of Specified Equipment - this code is covered by the Safety Standards Regulations and further guidance will be provided with the incorporation of the ASCC National Standard for Licensing Persons Performing High Risk Work.
  
  
• Approved Code of Practice for a Chemical Database for Emergency Services - the Safety Standards Regulations (Part 6) places mandatory duties on employers in control of the workplaces for risk management of hazardous substances. The OHS Code 2008 (Part 12) provides further guidance on the management of hazardous substances in the workplace. 
  
  
• Approved Code of Practice for the Transport of Dangerous Goods - this code duplicated the 1991 National Road Transport Reform Framework which states that State and Territory laws apply to the transport of dangerous goods. The Safety Standards Regulations (Part 8) places mandatory duties on employers with regard to the storage and handling of dangerous goods and the OHS Code 2008 provides further guidance on the management of dangerous goods in the workplace.
  
  
• Approved Code of practice for Workplace Injury and Disease Recording - this code was considered outdated. The general requirements were adequately covered in the SRCC Guidelines on Incident Notification and Reporting.