Codes of Practice (safety)

What are Codes of Practice about?

Codes of practice are issued by Australian state and federal government agencies to advise employers and employees of acceptable ways of achieving compliance with occupational health and safety legislation. They are usually designed to be used in addition to statutes and regulations but can also be incorporated into legislation. One very useful application is to cite a relevant Code as defining a minimum, cover-all standard in relation to a purchase order for goods or services. You need to know the Code exists, of course, and what it covers!

Advisory nature

Legally, Codes of Practice are generally of an advisory nature. Section 38(2) of the National Occupational Health and Safety Commission Act 1985 specifies that a national standard or code of practice is an instrument of an advisory character only.

Legal status

In each Australian jurisdiction except the state of Tasmania, the principal occupational health and safety statute sets out the legal status of codes of practice within that jurisdiction. (Tasmania does not publish codes but, where appropriate, national codes of practice apply.)

In general, a code of practice achieves legal status only when approved by the Minister according to an occupational health and safety statute. A State or Territory can develop its own codes of practice or, where convenient, adopt a national code of practice and have it approved under the appropriate statute.

An approved code of practice is generally designed to be used in conjunction with the statute and regulations but does not have the same legal force. A person or company cannot be prosecuted just for failing to comply with an approved code of practice. However, in proceedings for contravention or failure to comply with the occupational health and safety legislation, failure to observe an approved code of practice may be admissible as evidence.

In the state of South Australia, where in proceeding for an offence against their Occupational Health, Safety and Welfare Act 1986 it is proved that the defendant failed to observe a provision of an approved code of practice dealing with the matter in respect of which the offence is alleged to have been committed, the defendant is, in the absence of proof to the contrary, to be taken to have failed to exercise the standard of care required.

Summary

IAn approved code of practice is designed to provide practical guidance; should be followed, unless there is another solution which achieves the same result, or a better solution; can be used in support of a statute's preventive enforcement provisions; and can be used to support prosecution for non-compliance.

What Codes exist?

The following Codes of Practice exist in one or more Australian states, or federally:

Asbestos

Manual handling (very useful Code - similar in most states)

Synthetic mineral fibres

Timber preservatives and treated timber

Vinyl chloride

Compactors (ie rubbish removal)

Foundries

Lead

Trenching operations

Electrical installations

Tilt-up construction

Work on roofs (wide application here)

Cranes

Forest operations

Building and construction

Erection of structural steelwork

Workplaces (space allowances, layout, amenities, etc)

First aid

Tractors and rural industry

Tunnel construction

Hepatitis B and HIV/AIDS

Legionnaires' disease

Styrene in the fibreglass industry

Noise control

Workplace hazardous substances

On-farm silos and field bins

Occupational overuse syndrome (RSI, or CTDs - whatever you call it)

Workplace injury and disease recording standard

Road transport

Personal protective equipment

Information in other languages

Diving

Plant (an extremely relevant and useful Code - covers the life of a piece of plant from all perspectives - ergonomics, guarding, hazards, use, etc)

Ethylene oxide

Concrete

Chemicals at rural workplaces

Detergent powders and liquids

Disinfection and sterilisation

Meat industry

Atmospheric contaminants

Radiation