WHS codes of practice in Queensland

Codes of practice provide guidance as to what may be ‘reasonably practicable’ to control hazards and risks in a workplace. They can assist people in understanding what they should be doing to comply with work health and safety laws.

If you are seeking to learn more about codes of practice in Queensland, the following topics are covered below:

• Legal status of codes of practice
• Codes of practice in Queensland
• Limitations to codes of practice
• Alternatives to codes of practice
• Failure to implement codes of practice

Legal status of codes of practice

Section 26A of the Work Health and Safety Act 2011 (Qld) sets out duties with respect to codes of practice. It requires that a person conducting a business or undertaking (PCBU) must comply with a code of practice. Alternatively, another control method is permissible provided it affords an equivalent or higher standard than that required by the code of practice:

26A Duty of persons conducting business or undertaking — codes of practice

A person conducting a business or undertaking must, if the Minister approves a code of practice for the purposes of this Act—

(a) comply with the code; or

(b) manage hazards and risks arising from the work carried out as part of the conduct of the business or undertaking in a way that is different to the code but provides standard of health and safety that is equivalent to or higher than the standard required under the code.

Failing to comply with section 26A has consequences for companies and individuals. Section 275 outlines how the code of practice may be used in a proceeding for an offence under the Work Health and Safety Act:

275 Use of codes of practice in proceedings

(1) This section applies in a proceeding for an offence against this Act.

(2) An approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Act has been complied with.

(3) The court may—

(a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and

(b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

(4) Nothing in this section prevents a person from introducing evidence of compliance with this Act in a way that is different from the code but provides a standard of work health and safety that is equivalent to or higher than the standard required in the code.

Codes of practice in Queensland

There are numerous codes of practice in Queensland, some of which can be relevant to specific industries. Examples of codes of practice include:

• First aid in the workplace Code of Practice 2021
• How to manage work health and safety risks Code of Practice 2021
• Managing the risk of psychosocial hazards at work Code of Practice 2022
• Work health and safety consultation, cooperation and coordination Code of Practice 2021

Many codes of practice in Queensland follow the ‘Model Codes of Practice’ developed through Safe Work Australia. The purpose of having model codes is to increase the uniformity of standards (in addition to laws and regulations) across states and territories. Such uniformity assists businesses and organisations that operate throughout Australia in meeting work health and safety duties in each jurisdiction.

Limitations to codes of practice

Following a code of practice may achieve compliance with work health and safety duties for the particular subject it covers. However, codes of practice only deal with specific issues, not all hazards, risks, and controls. As such, businesses and organisations should not rely solely on compliance with codes of practice to meet work health and safety duties. To do so may fail to adequately address all hazards, risks, and controls. It can leave such businesses and organisations exposed to breaches of work health and safety laws. It is necessary to have regard to all hazards, risks, and controls so far as is reasonably practicable.

Alternatives to codes of practice

Section 26A of the Work Health and Safety Act makes clear that it is not necessary to follow a code of practice provided any alternative control measures afford a “standard of health and safety that is equivalent to or higher than the standard required under the code.”

Codes of practice guide businesses and organisations in meeting their work health and safety obligations. Absent appropriate alternative control measures, regulators expect compliance with codes of practice. For alternative control methods, businesses or organisations need a rational basis for adopting alternative controls. Alternative measures should be documented, ensuring equivalent or better work health and safety standards afforded by the relevant code of practice.

Failure to implement codes of practice

A company, organisation, or individual that breaches their duty under section 26A of the Work Health and Safety Act risks enforcement action. If a business or organisation is subject to a work health and safety investigation, inspectors may give directions referring to codes of practice. Such directions may relate to:

• Provisional improvement notices
• Improvement notices
• Prohibition notices

A breach of section 26A of the Work Health and Safety Act may assist in the prosecution of a company or individual for an offence, such as:

• Industrial manslaughter
• Category 1 offences (WHS)
• Category 2 offences (WHS)
• Category 3 offences (WHS)

In order for a code of practice to be used in a proceeding for a work health and safety offence, it must be an approved code of practice under section 274 of the Work Health and Safety Act.

Anderson Legal advises on work health and safety issues

This law firm safeguards the interests of its clients by:

• providing advice and guidance
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• liaising and negotiating with regulators
• litigating charges in courts and tribunals

Anderson Legal assists businesses and individuals who are seeking a law firm that understands how to make the most of the limited resources they may have to deal with work health and safety law issues. Based in Brisbane, Anderson Legal works with clients across Australia.

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Getting proper support early to help manage work health and safety issues can save time, money, and worry. Moreover, it can help to avoid unnecessary mistakes that can have significant legal consequences for businesses and individuals in navigating such challenges. If you are a business operator or individual in Australia seeking the assistance of an experienced lawyer to help you navigate a work health and safety law issue, Anderson Legal should be your preferred choice for advice and representation.

Call this firm for a confidential, obligation-free telephone consultation

This firm offers a free telephone consultation. The reason is simple – it shouldn’t cost anything for a person to pick up the phone and understand if a particular law firm can help them or not. Anderson Legal takes the time necessary to understand the issues and to determine if this firm is in a position to provide the standard of advice and representation you are entitled to expect.

Work health and safety issues can often pose significant reputational, professional and financial issues. The consequences to businesses and individuals for breaches of work health and safety duties are real.

Some businesses and individuals only properly consider work health and safety law issues when an incident occurs. In the midst of the concerns and uncertainty such issues can generate, it can be critical to get reliable and informed legal advice at an early stage. The positive duties owed under work health and safety laws mean eliminating or mitigating risks should be a continual practice that should not wait for an incident to occur. For that reason, businesses and those managing are always best to get legal advice as soon as possible to better understand how to discharge their work heath and safety duties. As it is with medicine, prevention is better than a cure.

Hiring a lawyer can be easier than you think, and the timing can be important. Quite often, the earlier you engage a lawyer to help you, the more options you will have in dealing with work health and safety challenges.