Workplace Safety and Health Act · 2024 Revised Edition · Part · Codes of Practice
39. Codes of practice
Official textFrom Attorney General's Chambers, unchanged
For the purpose of providing practical guidance with respect to the requirements of this Act relating to safety, health and welfare at work, the
at work
“at work” means — (a) in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his employer, wherever that work is carried out; (b) in relation to a self-employed person, all times when that person is performing work as a self-employed person, wherever the work is carried out; and (c) in any other case, all times when the person is performing work at the direction of the person who engaged him, wherever the work is carried out;
Authority may —
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;
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
amend or revoke any code of practice issued or approved under this section.
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.
Where a code of practice is issued, approved, amended or revoked by the Authority under subsection (1), the Authority shall —
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;
specify in the notice referred to in paragraph (a) —
the date of issue, approval, amendment or revocation, as the case may be;
the class of hazards, activities or articles in respect of which the code of practice is issued, approved, amended or revoked; and
the place at and the time during which the code of practice which is the subject of the notice may be inspected; and
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 —
for inspection by members of the public free of charge; and
for purchase by members of the public at a reasonable price.
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).
approved code of practice
“approved code of practice” means any code of practice issued or approved under section 39;
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.
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 —
shall have effect subject to the provisions of this Act; or
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having regard to the provisions of this Act, shall not have effect.
Any approved code of practice is deemed not to be subsidiary legislation.
Terms defined in s 4
approved code of practice
Defined · s 4“approved code of practice” means any code of practice issued or approved under section 39;
at work
Defined · s 4“at work” means — (a) in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his employer, wherever that work is carried out; (b) in relation to a self-employed person, all times when that person is performing work as a self-employed person, wherever the work is carried out; and (c) in any other case, all times when the person is performing work at the direction of the person who engaged him, wherever the work is carried out;
Part
Inspections and Other Powers of Enforcement
Part
Offences, Penalties and Proceedings
Part