An inspector can refer to a Code of practice when issuing an improvement or prohibition notice.

Under the Work Health and Safety Act 2011, Codes of practice are admissible in court proceedings.

Courts may regard a Code of practice as evidence of what is known about a hazard, risk, risk assessment or risk control, and rely on it to determine what is 'reasonably practicable' in the circumstances to which the Code relates. Refer to SafeWork's guidance 'Reasonably practicable'.

Duty to comply with a Code of practice

With the commencement of section 26A of theWork Health and Safety Act 2011 on 1 July 2026, Codes become the minimum performance standards that a PCBU is expected to comply with. The duty requires PCBUs to comply with Codes of practice or, to manage hazards and risks in a different way that is equivalent or higher than the standard in the Code.

Codes provide information about hazards and risks, as well as practical guidance on how to achieve the WHS standards. They also articulate reasonably practicable ways to control these hazards and risks.

Like regulations, Codes of practice deal with particular issues and may not cover all relevant hazards or risks. WHS laws require duty holders to consider all risks associated with work, not only those for which regulations and Codes of practice exist. Consideration should be given to all relevant Codes as well as other sources of information such as guides, standards and incident alerts etc when you are determining what is reasonably practicable when eliminating or minimising WHS risks.

Relevant terms used in Codes

Codes of practice use terms to indicate legislative expectations:

• ‘Must’ -  represents a requirement that is typically a duty by law that PCBUs must comply with.
• ‘Should’ - is used to identify the standard required by a Code. PCBUs can only manage the identified hazard or risk in a different way if doing so provides an equivalent or higher standard of work health and safety than the standard required by a Code.
• ‘May’ - indicates an optional course of action, or something that may also be done.

Actions for PCBUs

PCBUs will need to identify and apply the Codes that are relevant to the hazards and risks associated with their work.

• PCBUs should also review their existing practices and controls to ensure they comply with the requirements of the Codes, or they will need to check that any alternative methods are equivalent or higher than the standard required in the Code. Consult with workers and relevant parties on any changes after the review.
• Ensure training needs are identified to ensure workers are aware of these changes.
• Arrange or deliver workplace training for directors, officers, managers and workers.
• Maintain clear records of risk assessments, reviews and resulting actions.

List of Codes of practice

Australian standards and other Standards

Get general guidance as a duty holder on how WHS laws and approved Codes of practice interact with Australian Standards and other Standards.