L2A1: Legislation Part 2

Between 30 March 2022 and 30 March 2025 the Work Health and Safety laws are transitioning from the Occupational Safety and Health Act 1984 (OSH Act) to the new Work Health & Safety Act 2020 (WHS Act). 

WorkSafe has announced that: "Transition arrangements allow for codes of practice approved under the Occupational Safety and Health Act 1984 and Mines Safety and Inspection Act 1994 to continue being in effect as if approved by the Minister under the WHS Act. Codes of Practice will be published on the department’s website after they are approved by the Minister"

How do they relate?

WHS laws set out the legal duties and obligations related to work health and safety. These laws are enacted through Acts and Regulations. Regulations provide specific requirements for certain hazards and risks, like noise, machinery, and manual handling. On the other hand, the Codes of Practice offer practical information on how to meet the requirements set out in the WHS Act and Regulations​.

In short – it shows how you can comply with the 'what' of the WHS regulations. A cheat sheet of sorts.

A Code of Practice serves as a practical guide to comply with the legal duties under the WHS Act and Regulations. While these codes do not replace the WHS laws, they make understanding the requirements a little easier by providing detailed information on specific work tasks. They help industry professionals achieve the standards required under the WHS laws​.

It's important to note that these codes can be used in court proceedings. They are essentially documents that complement occupational health and safety laws and regulations. They provide detailed practical guidance on how to comply with legal obligations and should be followed unless another solution with the same or better health and safety standard is in place​.

So how does this apply to an apprentice?

Good question. Remember last week we mentioned that there were some fundamental changes to the wording of the legislation – namely employers now being PCBUs and employees now being workers? Well, under the new WHS Act, duties of workers are defined as amongst other things, to comply so far as reasonably able, with any reasonable instruction that is given by the PCBU to allow you to comply with the act, AND to cooperate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace which has been notified to workers. Ergo, if a PCBU has told it’s workers that this is how we do things to keep you safe, and it is reasonable and lawful, that’s the policy and you MUST comply.

So, if you’re an apprentice and your employer states, for example, you must wear long and longs (as we do at EGT) then you must comply with it.

The Codes of Practice are how your PCBU implements their procedures to keep you safe. It’s also worth noting that you are still responsible for your own safety, and the safety of everyone else at a worksite. You still must take reasonable care for your own safety, and ensure that your acts or omissions do not adversely affect the health and safety of other people.

The Codes of Practice are there to help you, the PCBU, and everyone else implement their safety routines and decisions to help keep you safe.

If you'd like more info, check out the safety alert from two weeks ago, or head to the TKB, or the WHS website.