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:
Note: the OHS Divison reserves the right to add to these requirements when the nature of the project/work requires.
17th of May, 2011