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The Workplace Health and Safety Act 2011 (NSW), and other state equivalents,  is the central health and safety legislation in NSW which represents a rationalisation of previous health and safety legislation.

Industry codes of practice provide practical guidance for people who have work health and safety duties about how to achieve the standards required under the Act, and about effective ways to identify and manage risks.  A code of practice applies to anyone who has a duty of care in the circumstances described in the code- some cases the codes will be binding whilst in other cases they are merely guidelines. The NSW WorkCover code is applicable to all types of work and all workplaces covered by the WHS Act. It places a duty on persons conducting a business or undertaking, including employers, self-employed, principal contractors, persons with management or control of a workplace, designers, manufacturers, importers and suppliers of plant, substances or structures that are used for work.

 In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks which may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.

The work health and safety laws prescribe duties to a person conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of their workers while at work in the business or undertaking. This includes:

1.            the provision and maintenance of a work environment without risks to health and safety

2.            the provision and maintenance of safe plant and structures

3.            the provision and maintenance of safe systems of work

4.            the safe use, handling, storage and transport of plant, structures and substances

5.            the provision of adequate facilities for the welfare at work of workers in carrying out work for the business or undertaking, including ensuring access to those facilities

6.            the provision of any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking

7.            that the health of workers and the conditions at the workplace are monitored for the purpose of preventing illness or injury of workers arising from the conduct of the business or undertaking.

If you seek further assistance or legal advice with Workplace Health and Safety Laws, please make an appointment to see one of our building and construction solicitors, who will usually see you in our Sydney Office. We have branch offices conveniently positioned across the Sydney metropolitan area including Sydney CBD. For a full list of our office locations, with complete addresses, click on the Locations tab or contact our main office line on (02) 9233 4048 or email info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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If you require assistance with a Employment matter, you should make an appointment to see one of our Lawyers in one of the following locations:

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