Section 66 of the OHS Act gives the OHS Division Executive Director the ability to require an employer to establish a code of practice or adopt a code of practice as specified by the Executive Director.  This process offers an alternative means for establishing safe work practices where there are no specific regulations in place.

A code of practice that has been approved by the Executive Director becomes enforceable by officers similar to regulations. A current example of an approved code of practice is the Temporary Workplace Traffic Control Manual of the Department of Transportation and Infrastructure Renewal.

For greater clarity, only the Executive Director can require and approve a code of practice; codes of practice are specifically adopted pursuant to section 66 of the Occupational Health and Safety Act and are subject to the limitations of the Act. Codes that appear only in regulations have the same effect as safe work procedures and are not limited by the requirements of section 66. From a compliance perspective both forms of code of practice can be enforced through orders and charges may be laid for a violation of either.

In general terms, when ordered under Section 66, a code of practice should include, but is not limited to, the following items:

• A description of the project/work
• An analysis of the project/work from a health and safety perspective
• A description of the person power, equipment and materials to be used
• A step by step description of the work procedures that will be used
• Information on the control measures that will be used
• Information on the safety measures that will be used
• A description of the responsibilities of the various workplace parties as they relate to the health and safety of the project/work
• If explosives are to be used, the background, certification level and experience of all parties involved with explosives
• Notifications proposed
• Contingency plan
• Where there are other parties at the workplace, an indication that the other parties are aware of any health and safety impacts the project/work may have on them and that the other parties have no objection to the project/work proceeding
• Any other information that is relevant to the healthful and safe performance of the project/work

Note: the OHS Divison reserves the right to add to these requirements when the nature of the project/work requires.