Document ID: chunk:federal_register_of_legislation:F2016L00420:front:0:p2
Version: federal_register_of_legislation:F2016L00420
Segment Type: other
Provision Reference: 
Character Range: 2728–5512

manage the risks associated with hazardous chemicals in the workplace is an approved code of practice under section 274 of the Work Health and Safety Act (the WHS Act).
An approved code of practice is a practical guide to achieving the standards of health, safety
and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS 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.

Scope and application
This Code provides practical guidance on how to manage health and safety risks associated with hazardous chemicals for persons conducting a business or undertaking who use chemicals in their workplace.
A person conducting a business or undertaking can be a manufacturer, importer or supplier of hazardous chemicals, or a business owner who uses, handles, generates or stores hazardous chemicals at their workplace.
This Code applies to:
    * substances, mixtures and articles used, handled, generated or stored at the workplace which are defined as hazardous chemicals under the WHS Regulations
    * the generation of hazardous chemicals from work processes, for example toxic fumes released during welding.
This Code does not apply to the transportation of dangerous goods, which is subject to State
and Territory laws based on the requirements under the Australian Code for the Transport of