Further Model Codes of Practice Now Approved

As part of work health and safety harmonisation, Safe Work Australia is implementing a staged release of model Codes of Practice for states and territories to adopt and implement.

Codes of Practice are practical guides to assist with the standards required under workplace health and safety laws and do not hold the same legal implications as legislation or regulations. A person or a person conducting a business or undertaking cannot be prosecuted for failing to adhere to a Code of Practice.

A Code of Practice is however, admissible in Court as evidence of what should be known about hazards, risks or control measures and may be used to determine what is "reasonably practicable" in the circumstances. Inspectors may also refer to Codes of Practice when issuing improvement or prohibition notices or as a means of remedying a contravention.

The following Codes or Practice have been previously released:

• Confined spaces;
• Hazardous manual tasks;
• How to manage and control asbestos in the workplace;
• How to manage work health and safety risks;
• Managing the risk of falls at workplaces;
• How to safely remove asbestos;
• Labelling of workplace hazardous chemicals;
• Managing noise and preventing hearing loss at work;
• Managing the work environment and facilities;
• Preparation of safety data sheets for hazardous chemicals; and
• Work health and safety consultation, coordination and cooperation.

As part of its second stage release, Safe Work Australia announced the release of a further eight model Codes of Practice as follows:

• First aid in the workplace;
• Construction work;
• Preventing falls in housing construction;
• Managing risks of plant in the workplace;
• Safe design of structures;
• Managing risks of hazardous chemicals in the workplace;
• Demolition; and
• Managing electrical risks in the workplace.

A further four model Codes of Practice will be released shortly as follows:

• Excavation work;
• Spray painting and powder coating;
• Abrasive blasting; and
• Welding processes.
• Further model Codes of Practice are expected before the end of 2012 as follows:
• Preventing and managing fatigue in the workplace; and
• Responding to workplace bullying.

A further six draft Codes of Practice are currently open for consultation and Safe Work Australia is seeking submissions by 24 August 2012 regarding the following:

• Cranes;
• Amusement devices;
• Industrial lift trucks;
• Managing risks of plant used in rural workplaces;
• Managing risks of the cash-in-transit industry; and
• Managing risks in forestry operations.

If you would like further information, or copies of the model Codes of Practice, please click [here].

If you would like more information about Codes of Practice which may be applicable to you or work health and safety harmonisation generally, please contact National Workplace Lawyers on +61 2 9233 3989. 

National Workplace Lawyers

Note — this is for information purposes only and does not purport to be comprehensive or to render legal advice.