What is an approved Code of Practice?
This Code of Practice on managing work health and safety (WHS) in the healthcare and social assistance industry is an approved code of practice under section 274 of the Work Health and Safety Act (the WHS Act).
An approved code of practice provides practical guidance on how to achieve the standards of work health and safety required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations) and effective ways to identify and manage risks.
A code of practice can help anyone who has a legal duty in the circumstances described in the code of practice. Following an approved code of practice will help you comply with the health and safety duties in the WHS Act and WHS Regulations. Like regulations, codes of practice deal with particular issues and may not cover all relevant hazards or risks. WHS laws 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 WHS Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk, risk assessment or risk control and may rely on the code in determining what is reasonably practicable in the circumstances the code of practice relates to. For further information see the Interpretive Guideline: The meaning of ‘reasonably practicable’.
Compliance with the WHS Act and WHS Regulations may be achieved by following another method if it provides an equivalent or higher standard of WHS than the code of practice.
An inspector may also refer to an approved code of practice when issuing an improvement or prohibition notice.
Scope and application
This Code is intended to be read by a person conducting a business or undertaking (PCBU) (for example employers) in the healthcare or social assistance industry. It provides practical guidance to PCBUs on how to manage health and safety risks associated with work in the healthcare and social assistance industry. However, due to the size and diversity of the industry, the examples and case studies provided are focused on hospitals, aged care services and disability support services.
This Code may be a useful reference for other persons interested in the duties under the WHS Act and WHS Regulations and how they relate to the healthcare and social assistance industry.
How to use this Code of Practice
This Code includes references to legal requirements under the model WHS Act and WHS Regulations. These are included for convenience only and should not be relied upon in place of the full text of the WHS Act or WHS Regulations.
The words ‘must’, ‘requires’ or ‘mandatory’ indicate a legal requirement that must be complied with.
The word ‘should’ is used in this Code to indicate a recommended course of action, while ‘may’ is used to indicate an optional course of action.
What is a workplace?
A workplace includes any place where a worker goes or is likely to be while at work.
This includes places like a private home where someone is being cared for or supported by a worker, a community location a worker is visiting with a client, or an ambulance on its way to the hospital.
Interaction with other laws and regulations
This Code is focused on WHS requirements. There are a range of other laws, regulations and standards that apply to the healthcare and social assistance industry (for example, the NDIS Code of Conduct, the Aged Care Quality and Safety Standards, or professional standards for medical practitioners). Complying with these laws, regulations and standards does not guarantee compliance with WHS laws, and vice versa.
Use of images in this guide
The images used throughout this online model Code of Practice are for illustrative purposes only and are not intended to represent real world WHS risks or compliance requirements.