Document ID: chunk:federal_register_of_legislation:F2016L00406:body:0:p2
Version: federal_register_of_legislation:F2016L00406
Segment Type: other
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Character Range: 2609–5344

the Work Health and Safety Act (the WHS Act) and the Work Health and Safety Regulations (the Regulations).
A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. The health and safety duties require duty holders to consider all risks associated with work, not only 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 provides practical 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.
This Code explains how to identify hazardous manual tasks, assess the risks of musculoskeletal disorders and eliminate or minimise those risks. This guidance is also relevant for designers, manufacturers, importers or suppliers of equipment, materials and tools used for work, as well as designers of workplaces where manual tasks are carried out.

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 provisions of the WHS Act and Regulations which set out the