5 September 2013
Practice Group(s):
Labour, Employment
and Workplace Safety
Safe Work Australia Releases Draft WHS
Code of Practice for Construction Work
By John Makris and Matthew Parker
On 30 August 2013, Safe Work Australia released a revised draft model Work Health and Safety Code
of Practice for Construction Work (Code) after it was determined that the original draft Code needed
to provide a greater level of guidance to participants in the housing construction industry.
The Revised Code
The Code was originally developed to provide practical guidance to principal contractors and other
persons conducting a business or undertaking (PCBUs), who carry out construction work, on how to
discharge their obligations under the model Work Health and Safety Act and its associated regulations.
The revised Code contains information on various safety requirements relating to construction work
under the model Work Health and Safety Regulations. This includes guidance on Work, Health and
Safety Management Plans and induction training, as well as identifying common hazards and risks in
the construction industry. In summary, the revised Code addresses:
1. specific duties relating to construction work such as those on PCBUs, officers, workers and
other persons under the work, health and safety legislation
2. managing risks associated with construction work, including appropriate risk control
measures
3. preparing, implementing and reviewing Safe Work Method Statements (SWMS)
4. preparing, implementing and reviewing Work, Health and Safety Management Plans for
construction projects
5. information, training (including induction), instruction and supervision
6. general workplace management arrangements.
The revised Code also contains examples and templates for SWMS and Work, Health and Safety
Management Plans to assist those in the construction industry in discharging their duties.
Consultation and Revision
Along with the increased guidance for the housing and construction industry, further revisions have
been made to improve the overall clarity of the document. These changes include amendments to the
previous SWMS template for high-risk construction work to make it easier to understand and use.
Once finalised, the revised Code is intended to be the first point of reference for a principal contractor
or PCBU carrying out any type of construction work.
20528102v2 COMA
Safe Work Australia Releases Draft WHS Code of Practice
for Construction Work
The public comment period for public submissions on the Code will close at 5.00pm on Wednesday 2
October 2013. The public comment period for public submissions on the Code will close at 5.00pm on
Wednesday 2 October 2013. For copies of the Code and further information on submissions, see the
Safe Work Australia website.
As Codes of Practice are admissible in court proceedings under the Work Health and Safety
legislation, it is advisable that your organisation reviews the Code and makes submissions on matters
which are impracticable when implementing the Code in your business.
For more information on the legal issues surrounding the Code, or matters relating to labour,
employment or workplace safety, please contact John Makris or Matthew Parker.
Authors:
John Makris
john.makris@klgates.com
+61.2.95132564
Matthew Parker
matthew.parker@klgates.com
+61.2.95132491
Anchorage Austin Beijing Berlin Boston Brisbane Brussels Charleston Charlotte Chicago Dallas Doha Dubai Fort Worth Frankfurt
Harrisburg Hong Kong Houston London Los Angeles Melbourne Miami Milan Moscow Newark New York Orange County Palo Alto Paris Perth
Pittsburgh Portland Raleigh Research Triangle Park San Diego San Francisco São Paulo Seattle Seoul Shanghai Singapore Spokane Sydney
Taipei Tokyo Warsaw Washington, D.C. Wilmington
K&L Gates practices out of 48 fully integrated offices located in the United States, Asia, Australia, Europe, the
Middle East and South America and represents leading global corporations, growth and middle-market companies,
capital markets participants and entrepreneurs in every major industry group as well as public sector entities,
educational institutions, philanthropic organizations and individuals. For more information about K&L Gates or its
locations, practices and registrations, visit www.klgates.com.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in
regard to any particular facts or circumstances without first consulting a lawyer.
©2013 K&L Gates LLP. All Rights Reserved.
2
Safe Work Australia Releases Draft WHS Code of Practice
for Construction Work
3