Document ID: chunk:federal_register_of_legislation:F2016L00421:front:0:p2
Version: federal_register_of_legislation:F2016L00421
Segment Type: other
Provision Reference: 
Character Range: 2899–5742

those for which regulations and codes of practice exist.
Codes of practice are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code of practice as evidence of what is 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.
Compliance with the WHS Act and Regulations may be achieved by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the code.
An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.
This Code of Practice has been developed by Safe Work Australia as a model code of practice under the Council of Australian Governments' Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety for adoption by the Commonwealth, state and territory governments.
A draft of this Code of Practice was released for public consultation on 7 December 2010 and was endorsed by the Workplace Relations Ministers' Council on 10 August 2011.

Scope and application
This Code applies to all types of work and all workplaces covered by the WHS Act, including workplaces that are mobile, temporary and remote.
It provides practical guidance for persons conducting a business or undertaking on how to provide and maintain a physical work environment that is without risks to health and safety. This Code covers:
    * the physical work environment, such as workspace, lighting and ventilation
    * facilities for workers, including toilets, drinking water, washing and dining areas, change rooms, personal storage and shelter
    * remote and isolated work
    * emergency plans.
This Code takes into account that new buildings and major renovations must also comply with the National Construction Code of Australia which specifies certain requirements, for example the number of toilets that need to be provided in buildings used as workplaces.
For more specific information about providing facilities at construction sites, refer to the Code of Practice: Managing Risks in Construction Work.
Guidance on the provision of first aid facilities can be found in the Code of Practice: First Aid in the Workplace.

How to use this Code of Practice
In providing guidance, the word 'should' is used in this Code to indicate a recommended course of action, while 'may' is used to indicate an optional course of action.
This Code also includes various references to sections of the WHS Act and the Regulations which set out the legal requirements. These references are not exhaustive. The words 'must', 'requires' or 'mandatory' indicate that a legal requirement exists and must be complied with.

1.              INTRODUCTION