Proposed Managing Asbestos in Workplaces Compliance Code: what are the proposed changes?
Proposed Removing Asbestos in Workplaces Compliance Code: what are the proposed changes?
Proposed Hazardous Manual Handling Compliance Code: what are the proposed changes?
Proposed Hazardous Substances Compliance Code: what are the proposed changes?
Proposed Plant Compliance Code: what are the proposed changes?
Proposed Confined Spaces Compliance Code: what are the proposed changes?
Proposed Demolition Compliance Code: what are the proposed changes?
Proposed Facilities in Construction Compliance Code: what are the proposed changes?
Proposed Excavation Compliance Code: what are the proposed changes?
1. The proposed Excavation Compliance Code (Code) provides practical guidance to duty holders on how to comply with their duties under the Occupational Health and Safety Act 2004 (OHS Act) and ‘Part 5.1- Construction’ of the Occupational Health and Safety Regulations 2017 (OHS Regulations) in relation to excavation work.
2. The proposed Excavation Code is based on the Safety Precautions in Trenching Operations Code of Practice 1988. It provides guidance to employers, self-employed persons and principal contractors on how to comply with 5.1 of the OHS Regulations 2017 when undertaking excavation work. It sets out methods for planning excavation work, and provides guidance on identifying and controlling common risks (e.g. methods to prevent ground collapse).
3. The proposed Code provides guidance on current regulatory requirements, including information on:
· duties for principal contractors
· safe work method statements for high risk construction work (which includes excavation work)
· high risk work licensing
· the duty to notify WorkSafe at least 3 days before excavation work commences, and
· the new employer duty introduced in the OHS Regulations 2017 to provide emergency procedures where there is a risk of a person becoming engulfed when construction work is performed.
4. Information on the use of explosives has been revised to emphasise the need for duty holders to consider using safer demolition methods before selecting explosives. The revised information also includes requirements under the Dangerous Goods (Explosives) Regulations 2011, such as the duty to notify WorkSafe of the intention to use explosives.
5. Consistent with other Codes, the proposed Code includes new sections on:
· legal duties for employers, self-employed persons, persons with control or management of a workplace, principal contractors, persons who install, erect or commission plant, persons who design a building or structure and employees, and;· the general risk management process.
Proposed Noise Compliance Code: what are the proposed changes?
What is a compliance code?
Compliance codes (codes) provide practical guidance to duty holders on how to comply with duties under the Occupational Health and Safety Act 2004 (OHS Act) and Occupational Health and Safety Regulations 2017 (OHS Regulations).
While the guidance provided in a compliance code (code) is not mandatory, a duty holder who complies with a code will – to the extent it deals with their duties or obligations under the OHS Regulations – be considered to have complied with those duties or obligations.
Codes use simple language, examples, pictures, and diagrams to show known, available, and effective means of achieving compliance in everyday circumstances and situations.
Who is undertaking the review?
WorkSafe Victoria (WorkSafe), in collaboration with key stakeholders, is undertaking the review of the codes on behalf of the Victorian Government.
Why is WorkSafe reviewing the codes?
The codes have been updated to ensure they reflect the duties in the OHS Act 2004 and the OHS Regulations that took effect on 18 June 2017.
What is the difference between a compliance code and a code of practice?
In Victoria, codes of practice that were made under the previous OHS Act 1985 (now repealed) no longer have legal status under the current OHS Act 2004.
Codes that are made under the current OHS Act have a specific legal status, which means that a duty holder who complies with a code – to the extent it deals with their duties or obligations under the OHS Regulations – will be considered to have complied with those duties or obligations.
Which codes are under review?
WorkSafe is reviewing the following codes of practice and compliance codes as part of the Occupational Health and Safety Regulation Reform:
Which codes are being proposed?
The proposed Managing Asbestos in Workplaces Compliance Code and proposed Removing Asbestos in Workplaces Compliance Code are available for public comment in November to December 2017.
The following eight proposed codes were available for public comment in May to June 2017:
Following public comment, the codes will be updated to reflect feedback and WorkSafe will provide the finalised codes to the Minister for Finance, Robin Scott MP, for his approval.
The following proposed codes are still under review. A separate public comment period is expected to be held late in early 2018 for them.
Why weren’t the codes released for public comment at the same time as the proposed OHS Regulations 2017?
In consultation with stakeholders, it was agreed to release the proposed codes after the OHS Regulations were settled so that the codes can be reviewed in line with the final regulations.
Which organisations are involved in the stakeholder reference groups?
Ten topic-specific stakeholder reference groups consisting of employer, industry, and employee organisations, listed below, were established to support Occupational Health and Safety (OHS) Regulation Reform, including the compliance codes review.
AiGroup - The Australian Industry Group
AMCA - Airconditioning and Mechanical Contractors' Association
AMIEU - Australasian Meat Industry Employees Union
AMWU - Australian Manufacturing Workers Union
ANMF - Australian Nursing and Midwifery Federation
AWU - Australian Workers Union
CCF - Civil Contractors Federation
CFA - Country Fire Authority
CFMEU - Construction, Forestry, Mining & Energy Union Mining & Energy Union
ETU - Electrical Trade Union
HIA - Housing Industry association
MBAV - Master Builders Association of Victoria
MCA - Minerals Council of Australia
MFB - Metropolitan Fire and Emergency Services Board
MPMSAA - Master Plumbers & Mechanical Services Association of Australia
MUA – Maritime Union of Australia
NGMA - National Gypsum Miners Association
PACIA - Plastics and Chemicals Industries Association
PAV - The Police Association of Victoria
PMAV - Prospectors and Miners Association of Victoria
PTEU - Plumbing Trades Employees Union
SES - Victoria State Emergency Service Authority
VACC - Victorian Automobile Chamber of Commerce
VCEA - Victorian Congress of Employers Association
VECCI - Victorian Employers Chamber of Commerce and Industry
VicWater – VicWater Industry Association
VicPol – Victoria PoliceVTHC – Victoria Trades Hall Council
What changes are proposed to the codes?
Changes proposed reflect the recent changes to the OHS Regulations and current Victorian work practices and hazards.
You can view a summary of the proposed changes to the codes in these FAQs above.
Why is Victoria not adopting the model codes developed under national Workplace Health and Safety (WHS) legislation?
The Victorian Government has stated that it will not be adopting the model work health and safety laws in their current form.
WorkSafe continues to enforce Victoria's existing Occupational Health and Safety (OHS) laws.
Model codes of practice have not been designed to assist duty holders to comply with Victorian OHS legislation. Whereas, Victorian codes support Victorian legislation and regulations.
In some cases, WorkSafe has considered the content of model codes of practice when developing the Victorian codes, where the subject matter or legislative requirements align with Victorian arrangements.
When will the final codes be made available?
It is expected that the Facilities in Construction Compliance Code, Plant Compliance Code and Hazardous Manual Handling Compliance Code will be finalised by December 2017.
The remaining codes will be finalised in 2018.
Can I still refer to the existing compliance codes and codes of practice until the new codes come into effect?
When the OHS regulations came into effect on 18 June 2017, existing codes continued to be available as a source of practical guidance and contributed to state of knowledge to assist those who must comply with health and safety laws.
However, complying with a code made in relation to the OHS Regulations 2007 may not necessarily mean compliance with a duty under the OHS Regulations 2017.
When can I provide my comments?
Public comment on the asbestos codes is open for four weeks from Wednesday, 8 November to close of business on Wednesday, 6 December 2017.
How can I make a submission?
Will WorkSafe publish my submission?
All non-confidential submissions will be published on this website on the code submissions received page. Please make sure that you advise us in your submission if you would like it to remain confidential and it will not be published.
Do I have to include my name with my submission?
What happens after I provide a submission?
WorkSafe will review and consider all submissions received during public comment where appropriate and make changes to the codes to reflect the feedback received before providing them to the Minister for final approval.
Your submission will also be published on our consultation website unless you indicate otherwise. If you’d prefer that your name was not included with your submission, make sure to indicate your preference in the submission form.
How can I get more information?