Occupational Health and Safety Code of Practice 2008

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2008L02054 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Issued by authority of the

 Minister for Employment and Workplace Relations

 

 

Occupational Health and Safety Act 1991

Subsection 70(1)

 

 

Occupational Health and Safety Code of Practice 2008

 

The purpose of the instrument to which this explanatory statement relates is to approve the Occupational Health and Safety Code of Practice 2008 under section 70(1) of the Occupational Health and Safety Act 1991 (the Act). The instrument also revokes 27 codes of practice previously approved under the Act.

 

Section 70 of the Act provides that the Minister for Employment and Workplace Relations may approve codes of practice prepared by the Safety, Rehabilitation and Compensation Commission (the Commission) or any other body, and may amend or revoke any code of practice so approved under that section.

 

A code of practice approved by the Minister under the Act is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and takes effect the day after it is registered in the Federal Register of Legislative Instruments.

 

An approved code of practice:

(a) provides practical guidance to persons with a duty of care under the Act and associated regulations;

(b) must be followed unless there is another means of achieving the same or better standard of health and safety; and

(c) is admissible as evidence in legal proceedings as proof of a relevant breach of  the Act or regulations.

 

The Occupational Health and Safety Code of Practice 2008 (the OHS Code 2008)

 

In 2005/06, Comcare undertook a critical review of all codes of practice approved under the Act. The objective of the review was to improve workplace safety outcomes by ensuring that codes efficiently support the Act and comply with the Legislative Instruments Act 2003 and with the Principles and Guidelines for National Standard Setting and Regulatory Action by Ministerial Councils and Standard-Setting Bodies issued by the Council of Australian Governments.

 

The conclusion of the review was that, in general, the codes no longer provided adequate support to enable duty holders to meet their obligations under the Act and should be updated and/or replaced. As a result the OHS Code 2008 was prepared to replace all codes of practice previously approved under the Act.

 

The OHS Code 2008 provides for a holistic approach to health and safety and a clear process of risk management. It assists duty holders to discharge some of their occupational health and safety obligations through comprehensive and uniform guidance. The OHS Code 2008 will support the Commonwealth OHS jurisdiction to achieve better and consistent safety outcomes by:

(a)  giving practical content to provisions of the Act and the regulations;

(b) providing guidance which is relevant, effective, easy to find and understand;

(c) reducing legislative burden associated with the need to comply with a number of legislative instruments, without reducing safety standards;

(d) eliminating duplication; and

(e) being compliant with Australian Government’s regulatory policies.

 

The OHS Code 2008 is a compilation of codes which have been separated into parts, each part corresponding to one code. The OHS Code 2008 consists of 25 parts.  Sixteen parts replace approved codes that have been reviewed and redrafted; five parts are new codes developed to address new hazards introduced as a result of the expansion of the Commonwealth OHS jurisdiction; and four other parts are reserved for codes under development that will be implemented soon.

 

Eight previously approved codes were determined to be no longer necessary and will be replaced with guidance material. These codes were assessed as either duplicating other legislation or deemed to address low risk issues which can satisfactorily be covered in other guidance material.

 

A preliminary assessment of the impact of the OHS Code 2008 on business was performed in consultation with the Office of Best Practice Regulation. The preliminary assessment indicated that costs for business will be nil or very low and a Regulation Impact Statement is not required.

 

Comcare, on behalf of the Commission, consulted with employer and employee representatives through discussion papers; workshops and a public comment period on the draft OHS Code 2008. There is strong support from stakeholders in the jurisdiction for the implementation of this code.

 

 

******

Overview

The Occupational Health and Safety Code of Practice 2008 was enacted to provide a unified and comprehensive approach to health and safety in Australian workplaces under the Occupational Health and Safety Act 1991. Approved by the Minister for Employment and Workplace Relations, this code aims to streamline and enhance workplace safety outcomes by offering practical guidance to duty holders, ensuring they can meet their obligations under the Act and its associated regulations. The policy objective behind the OHS Code 2008 is to foster a safer working environment through clearer, more accessible, and consistent guidance, thereby reducing the legislative burden on businesses without compromising safety standards. The code replaces 27 previously approved codes, addressing outdated or redundant practices, and incorporates new codes to reflect emerging hazards within the expanded scope of the Commonwealth’s occupational health and safety jurisdiction.

Scope and Application

The Occupational Health and Safety Code of Practice 2008 applies to all persons and entities within the Commonwealth's occupational health and safety jurisdiction, which includes federal government agencies, businesses operating across state lines, and industries such as mining, construction, and manufacturing. This Act provides practical guidance to those with a duty of care, ensuring compliance with the Occupational Health and Safety Act 1991 and associated regulations. It must be followed unless an alternative method achieves the same or better health and safety standards, and it serves as admissible evidence in legal proceedings concerning potential breaches of the Act or regulations. The OHS Code 2008 extends its application through subordinate instruments, which may further detail or expand upon the provisions of the primary Act to address specific scenarios or emerging risks. Certain exclusions and exemptions may apply, particularly where the Act’s requirements are superseded by other legislation or where the risk is deemed sufficiently low to be managed through other means.

Key Provisions

The Occupational Health and Safety Code of Practice 2008 (OHS Code 2008) primarily serves as a comprehensive guide to assist duty holders in meeting their obligations under the Occupational Health and Safety Act 1991 (the Act) and its associated regulations. This code is broken down into 25 parts, each corresponding to a specific area of occupational health and safety, such as risk management, consultation, and emergency procedures (Section 70). It aims to provide practical guidance that is easy to understand and implement, ensuring that workplaces maintain a high standard of health and safety. Under the Act, duty holders are required to adhere to the provisions of the OHS Code 2008 unless they can demonstrate an alternative method that achieves the same or better health and safety outcomes (Section 70(1)(a)). The OHS Code 2008 is designed to support the overarching goal of the Act by offering detailed, uniform guidance on risk management, consultation, and other critical areas of workplace safety. It is also admissible as evidence in legal proceedings, which means that failure to comply with the code can be used to prove a breach of the Act or regulations (Section 70(1)(c)). Failure to comply with the provisions of the OHS Code 2008 may result in civil or criminal consequences, depending on the severity and nature of the breach. Under the Act, individuals or entities found to be in breach of occupational health and safety obligations may face penalties, including fines and imprisonment. The maximum penalties vary depending on the specific breach but can be significant for serious violations that result in harm or endangerment to workers. It is important for duty holders to familiarise themselves with the code and implement the necessary measures to ensure compliance and avoid these potential consequences.

Legal classification tags

Area of Law
Occupational Health and Safety Law
Instrument
Code
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations
Regulatory Standards
Repeal & Amendment

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.