Workplace Safety and Health Act · s 39

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39.
Codes of practice
(1) For the purpose of providing practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work, the
Authority may —
(a) issue one or more codes of practice, which may include any code of practice issued or approved under any other written law if the
Authority considers that code of practice suitable for this purpose;
(b) approve as a code of practice any document prepared by any person other than the Authority if the Authority considers the document as a suitable document for this purpose; and
(c) amend or revoke any code of practice issued or approved under this section.
(2) The power of the Authority under subsection (1)(a) or (b) to issue or approve a code of practice that is either a code of practice issued or approved under any other written law or a document prepared by a person other than the Authority shall include the power to issue or approve a part of such a code of practice or document.
(3) Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority shall —
(a) publish a notice of such issue, approval, amendment or revocation, as the case may be, in such manner as will secure

Workplace Safety and Health adequate publicity for such issue, approval, amendment or revocation;
(b) specify in the notice referred to in paragraph (a) —
(i) the date of issue, approval, amendment or revocation, as the case may be;
(ii) the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and
(iii) the place at and the time during which the code of practice which is the subject of the notice may be inspected; and
(c) ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available —
(i) for inspection by members of the public free of charge; and
(ii) for purchase by members of the public at a reasonable price.
(4) No code of practice, no amendment to an approved code of practice, and no revocation of any approved code of practice, shall have any force or effect as an approved code of practice until the notice relating thereto is published in accordance with subsection (3).
(5) An approved code of practice that is also either a code of practice issued or approved under any other written law or a document prepared by a person other than the Authority shall consist of the contents of that code or document as that code or document existed on the date it was issued or approved as an approved code of practice under this section.
(6) If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —
(a) shall have effect subject to the provisions of this Act; or

Workplace Safety and Health 52
(b) having regard to the provisions of this Act, shall not have effect.
(7) Any approved code of practice is deemed not to be subsidiary legislation.

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s 39Codes of practice

(1)

For the purpose of providing practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work, the

Authority may —

(a)

issue one or more codes of practice, which may include any code of practice issued or approved under any other written law if the

Authority considers that code of practice suitable for this purpose;

(b)

approve as a code of practice any document prepared by any person other than the Authority if the Authority considers the document as a suitable document for this purpose; and

(c)

amend or revoke any code of practice issued or approved under this section.

(2)

The power of the Authority under subsection (1)(a) or (b) to issue or approve a code of practice that is either a code of practice issued or approved under any other written law or a document prepared by a person other than the Authority shall include the power to issue or approve a part of such a code of practice or document.

(3)

Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority shall —

(a)

publish a notice of such issue, approval, amendment or revocation, as the case may be, in such manner as will secure

Workplace Safety and Health adequate publicity for such issue, approval, amendment or revocation;

(b)

specify in the notice referred to in paragraph (a) —

(i)

the date of issue, approval, amendment or revocation, as the case may be;

(ii)

the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and

(iii)

the place at and the time during which the code of practice which is the subject of the notice may be inspected; and

(c)

ensure that, so long as the code of practice remains in force, copies of that code, and of all amendments to that code, are available —

(i)

for inspection by members of the public free of charge; and

(ii)

for purchase by members of the public at a reasonable price.

(4)

No code of practice, no amendment to an approved code of practice, and no revocation of any approved code of practice, shall have any force or effect as an approved code of practice until the notice relating thereto is published in accordance with subsection (3).

(5)

An approved code of practice that is also either a code of practice issued or approved under any other written law or a document prepared by a person other than the Authority shall consist of the contents of that code or document as that code or document existed on the date it was issued or approved as an approved code of practice under this section.

(6)

If any provision of any approved code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency —

(a)

shall have effect subject to the provisions of this Act; or

Workplace Safety and Health 52

(b)

having regard to the provisions of this Act, shall not have effect.

(7)

Any approved code of practice is deemed not to be subsidiary legislation.