Document ID: chunk:federal_register_of_legislation:F2016L00411:front:0:p3
Version: federal_register_of_legislation:F2016L00411
Segment Type: other
Provision Reference: 
Character Range: 5139–7863

multi-storey buildings above two habitable storeys.
This Code should be read in conjunction with the Code of Practice: Managing the Risks of Falls at Workplaces and the Code of Practice: Construction Work.

How to use this Code
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 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

Falls are a major cause of death and serious injury in Australian workplaces. Fall hazards are found when carrying out common tasks in the construction of a typical one or two storey house (see Figure 1). Falls can also occur at ground level into holes, for example trenches or service pits.

Figure 1 Potential falls in the housing construction industry

1.1 Who has health and safety duties in relation to falls?
A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking.
A person conducting a business or undertaking has more specific obligations under the WHS Regulations to manage the risk of a fall by a person from one level to another, including requirements to:
    * ensure, so far as is reasonably practicable, that any work involving the risk of a fall is carried out on the ground or on a solid construction
    * provide safe means of access to and exit from the workplace, and
    * provide adequate protection against the risk of falls.
The WHS Regulations classify a number of activities as 'high risk construction work' for which a Safe Work Method Statement (SWMS) must be prepared before the work starts. High risk construction work includes work that involves a risk of a person falling more than 2 metres. Further information on developing a SWMS can be found in the Code of Practice: Construction Work.

Designers, manufacturers, suppliers, importers and installers of plant or structures that could be used for work must ensure, so far as is reasonably practicable, that the plant or structure is without risks to health and safety. Designers of plant or structures have an important role in eliminating or minimising the risks of falls in the design stage.
Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and