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Legislative Framework
ACT
REGULATION
Codes of
Australian Standards
Industry
Practice
Standards
MaterialsGuidance
Workbook page 3
Function of the WHS Regulations
The most important function of the WHS
Regulations is to specify the steps that are
required for compliance with the general duties
under the Act
Matters are included in the Regulations in order
to streamline the Act
Workbook page 3
PRELIMINARY
REPRESENTATION AND PARTICIPATION
GENERAL RISK & WORKPLACE MANAGEMENT
HAZARDOUS WORK
PLANT AND STRUCTURES
What’s covered in the WHS Regulations
Workbook page 4
CONSTRUCTION WORK
HAZARDOUS CHEMICALS
ASBESTOS
MAJOR HAZARDOUS FACILITIES
MINES
GENERAL
What’s covered in the WHS Regulations
Workbook page 4
WHS Regulations
Some things may appear to be missingAbrasive
blasting Welding
Some construction hazards e.g.: overhead protective structures,
structural collapse, lowering of materials
Spray Painting
Certificates of competency for pest controllers
Licensing for load shifting equipment
GENERAL
DUTIES
Identification and Management of Risk
What is reasonably practicable - state of knowledgeWorkbook page 5
Approved Codes of Practice
A practical guide to achieve the standards of health and safety required under the Work Health
and Safety (WHS) Act and Regulations.
Provide duty holders with guidance on effective ways to manage work health and safety risks.
• Admissible in court proceedings under the WHS Act and Regulations
• May be relied on by courts as evidence of what is known about a hazard, risk or control and in determining what is reasonably practicable
• Designed to be used in conjunction with the WHS Act and Regulations but do not have the same legal implications
• WHS Act and Regulations may be complied with by following another method if it provides an equivalent or higher standard
• An inspector may refer to an approved Code of Practice when issuing an improvement or prohibition notice
What is the legal effect of Codes of Practice?
WHS Regulations
Codes of Practice
PRIORITY CODESHow to manage work health safety risks
WHS Consultation, Cooperation & Coordination
Managing work environment and facilities
Managing noise and preventing hearing loss at work
Hazardous manual tasks
Confined spaces
How to prevent falls at workplaces
Preparation of safety data sheets for hazardous chemicals
Labelling workplace hazardous chemicals
How to manage and control asbestos in the workplace
How to safely remove asbestos
First Aid in the Workplace Demolition Work
Managing Risks in Construction Work Spray Painting and Powder Coating
Preventing Falls in Housing Construction Abrasive Blasting
Managing Electrical Risks at the Workplace Welding and Allied Processes
Managing Risks of Hazardous Chemicals
Safe Access in Tree Trimming and Aboriculture
Managing Risks of Plant in the Workplace
Preventing and Managing Fatigue in the Workplace
Safe Design of Building and Structures
Preventing and Responding to Workplace Bullying
Excavation Work
Second Stage Codes of Practice and Guidance Material
WHS Regulations
Transitional arrangements and WorkCover NSW Codes
Existing NSW Codes of Practice will continue to operate until replaced by national Codes of Practice or guidance materials or revoked
Where NSW has a Code of Practice on issues that are not specifically regulated, these Codes will become guidance material and must be considered when deciding what is “reasonably practicable”