WHS Codes of Practice and guidance material in NSW

Compliance with the Codes of Practice and guidance material 

You are generally not absolutely required by law to comply with a Code or guidance material, unless a provision in a code uses the word ‘must’, ‘requires’ or ‘mandatory’ to indicate a legal requirement exists that must be complied with. 

However, if an accident was to occur in a workplace, compliance with a Code or guidance material (or failure to comply) will be taken into consideration in determining whether to prosecute and the penalty to be imposed. 

When should the Codes and guidance material be followed? 

A Code and guidance material should be followed unless there is an alternative course of action that is reasonably practicable or which achieves the same or a better standard of health, safety and welfare in the workplace. 

What different Codes of Practice are there? 

As a minimum, you should obtain and know the following Codes if you work in the residential building industry: 

• Code of Practice: Construction work – provides to principal contractors and other persons conducting a business or undertaking who carry out construction work on how to meet the health and safety requirements under the WHS Act and Regulations relating to construction work. It includes guidance on amenities requirements, preparation of SWMS, safety management plans, high-risk construction work and designer duties. 
• Code of Practice: Managing the risk of falls housing construction – provides guidance for persons conducting a business or undertaking on how to eliminate, or if that is not possible, minimise the risk of falls from height in housing construction. 
• Code of Practice: Excavation work – provides guidance on preventing cave-in and collapse in all workplaces where excavation and associated earthworks are performed including bulk excavations, trenches, shafts and tunnels. 
• Code of Practice: Hazardous manual tasks – provides guidance to persons conducting a business or undertaking on how to manage the risk of musculoskeletal disorders arising from hazardous manual tasks in the workplace. It applies to all types of work and all workplaces where manual tasks are carried out. 
• Code of Practice: Demolition work – provides guidance to persons conducting a business or undertaking on how to manage the health and safety risks associated with the demolition work. 
• Code of Practice: Managing the risks of plant in the workplace – provides guidance to persons conducting a business or undertaking on how to manage health and safety risks associated with the use plant in the workplace. 
• Code of Practice: How to manage and control asbestos in the workplace – provides guidance for persons conducting a business or undertaking who have duties under the WHS Act and WHS Regulations to manage asbestos in workplaces including structures, plant and equipment. 

What different guidance material is available? 

As a minimum, you should obtain the following guides, fact sheets and alerts if you work in the residential building industry: 

• Erecting, altering and dismantling prefabricated steel modular scaffolding 
• Masonry wall safety during construction work 
• Work safely at heights in construction
• Housing Industry Site Safety Pack 

You can obtain copies of the Codes of Practice and guidance material by contacting SafeWork Australia or  SafeWork NSW.