Codes of Practice under the harmonised Work Health and Safety Act and Regulations are admissible in court proceedings. Courts may regard a Code of Practice as evidence of what should be known about a hazard, risk or control and may rely on the Code in determining what is reasonably practicable in the circumstances to which the Code relates.

In this context, it is important for all organisations to stay abreast of the status of the WHS Codes of Practice as various jurisdictions across Australia adopt or adapt Safe Work Australia’s Model Codes.

In Queensland, eight new national Codes of Practice were adopted through the national harmonisation process and took effect from 1 December 2013. These were:

  • Abrasive Blasting Code of Practice 2013
  • Demolition Work Code of Practice 2013
  • Excavation Work Code of Practice 2013
  • Managing Risks of Hazardous Chemicals in the Workplace Code of Practice 2013
  • Managing Risks of Plant in the Workplace Code of Practice 2013
  • Safe Design of Structures Code of Practice 2013
  • Spray Painting and Powder Coating Code of Practice 2013
  • Welding Processes Code of Practice 2013.

As a result of these adoptions, four codes of practice were repealed from 30 November 2013:

  • Abrasive Blasting Code of Practice 2004
  • Hazardous Chemicals Code of Practice 2003
  • Plant Code of Practice 2005.

Also repealed was the Tunnelling Code of Practice 2007, which was replaced by the Guide for Tunnelling Work (published by Safe Work Australia).

Workplace Health and Safety Queensland has indicated that further amendments to the WHS legislation are expected throughout 2014.

Other changes to the safety legislation landscape in Queensland include the introduction of the following electrical safety Codes of Practice from 1 January 2014:

  • Electrical Safety Code of Practice 2013 Managing electrical risks in the workplace (replaces Electrical Safety Code of Practice 2010)
  • Electrical Safety Code of Practice 2010 Working Near Overhead and Underground Electric Lines (replaces Electrical Safety Code of Practice 2010 Working Near Exposed Live Parts)
  • Electrical Safety Code of Practice 2010 Works has been retain and updated
  • Electrical Safety Code of Practice 2010 Electrical Equipment Rural industry has been retain and updated.

In addition, from 1 January 2014 the Electrical Safety Code of Practice 2010 Risk management was repealed, and duty holders should instead refer to the How to Manage Work Health and Safety Risks Code of Practice 2011. (Section 11 of the Electrical Safety Regulation 2013 now requires duty holders to manage risks in accordance with the general risk management principles of Part 3.1 of the Work Health and Safety Regulation 2011.)

Please contact QRMC for more information.