How To Comply With The OHS Code Of Practice In WA

Keeping your team safe isn’t just good business - in Western Australia, it’s a legal obligation. If you run a business or manage a workplace, you’ll need to comply with the Work Health and Safety (WHS) framework (often still called OHS), which includes understanding and applying the approved Codes of Practice.

Codes of Practice aren’t laws. They’re practical guidance that explains one or more approved ways to meet your legal duties under WA’s WHS Act and Regulations. Still, they carry real weight: regulators, insurers and courts often look to the Codes to judge whether your approach was reasonable.

In this guide, we’ll unpack what the WA Codes of Practice mean for you, who they apply to, and how to set up a simple, effective compliance system that actually works day-to-day.

What Are WA WHS Codes Of Practice?

WA’s WHS laws set out general duties to keep workers and others safe, so far as is reasonably practicable. The approved Codes of Practice take those broad duties and translate them into practical guidance for specific hazards and activities (for example, hazardous manual tasks, noise, plant and machinery, psychosocial hazards, construction work and more).

Here’s the key point: a Code of Practice is guidance, not a mandatory rule. You don’t have to follow a Code to the letter, but if you choose another method, you must be able to show it achieves an equal or better level of health and safety. The Codes are persuasive - following them is strong evidence you’ve done what’s reasonably practicable.

The Codes reinforce core WHS principles in WA, including:

• Reasonably practicable risk control: identify hazards, assess risks and implement the most effective controls you can, considering the likelihood and severity of harm and the availability and cost of controls.
• PCBU duties: a “person conducting a business or undertaking” (PCBU) must manage risks to workers and others (including contractors, customers and visitors).
• Officer due diligence: directors and senior leaders must actively ensure the PCBU complies - these duties can’t be delegated away.
• Worker consultation: you must consult workers on WHS matters that affect them, including risk controls and policy changes.
• Continuous improvement: WHS is ongoing - review controls and learn from incidents and near-misses.

Your legal starting point is your overarching duty of care as an employer. The Codes help you turn that duty into concrete actions.

Who Needs To Follow The Codes (And When)?

The Codes apply to all WA workplaces covered by the WHS Act and Regulations. That includes companies, sole traders, partnerships, not-for-profits and government workplaces - whether your people are on-site, remote, travelling or working from home.

You should use the Codes whenever they are relevant to the hazards in your work. For example, a warehouse will look closely at Codes for hazardous manual tasks, mobile plant, traffic management and noise. A professional services firm may lean on Codes for psychosocial hazards, office ergonomics and electrical safety.

Some Codes are general (useful across many industries), while others are industry-specific (like construction or mining). The practical way to start is to map your key risks and match them to the relevant Codes. Then make those Codes easy for supervisors, health and safety reps and workers to access.

Remember: you’re not legally bound to follow the guidance verbatim. But if you choose a different approach, be prepared to show why it achieves an equal or better safety outcome for your situation.

Step-By-Step: Build A Practical WHS System

A workable compliance system doesn’t need to be complicated. Use the Codes to shape and maintain these core elements.

1) Identify Hazards And Assess Risks

Walk through your operations and list foreseeable hazards - physical, chemical, biological and psychosocial. Look at incident data, near-miss reports, worker feedback and relevant industry guidance.

Assess each risk: what could happen, how likely is it, and how severe could the harm be? Document your reasoning. This is where the Codes provide practical prompts and examples.

2) Apply The Hierarchy Of Control

The Codes explain the hierarchy of control. In short: eliminate the hazard where possible; if not, substitute, isolate, engineer controls, implement administrative controls (procedures, training, supervision); and rely on PPE only as a last line of defence.

Choose the highest level of control that is reasonably practicable, and record why you selected it (and why higher controls were not reasonably practicable, if that’s the case).

3) Consult Your Workers (And HSRs)

Consultation is mandatory when making decisions that affect health and safety. Engage with your team, health and safety representatives (HSRs) or committees before changing processes, selecting controls or updating policies.

Make consultation two-way and meaningful. Keep notes of the discussion and outcomes (toolbox talks, pre-starts, surveys, committee minutes).

4) Provide Information, Training And Supervision

Deliver site-specific inductions, task training and regular refreshers. Supervisors need time and authority to enforce safe work practices, stop unsafe work and coach their teams.

Keep training records (attendance, assessments, dates). If WorkSafe WA asks, you should be able to show that workers were trained on the relevant hazards and controls.

5) Implement Policies And Safe Work Procedures

Translate the Codes into clear, usable procedures. For consistency, bundle these into a practical suite of workplace policies and task-specific work instructions that people actually use on the job.

Make them accessible on-site and online. Checklists, diagrams and short videos can help workers follow the steps when it matters.

6) Maintain Plant, Equipment And The Work Environment

Inspect and maintain machinery, tools, guarding, ventilation and safety systems in line with Code guidance and manufacturer instructions. Keep maintenance logs and test/tag records.

Review workplace layout for traffic separation, housekeeping, lighting, noise and temperature controls. Small environmental tweaks often reduce risk quickly.

7) Manage Contractors And Visitors

PCBUs that share a workplace must consult, cooperate and coordinate WHS activities. Onboard contractors to your rules, verify their competencies, align emergency procedures and clarify supervision arrangements.

Set expectations early in your procurement process and embed WHS requirements in contractor agreements and site inductions.

8) Monitor, Review And Keep Records

Schedule routine inspections, hazard reports and near-miss tracking. Involve supervisors and workers in safety walks, toolbox talks and incident reviews.

Update your risk controls after an incident, when you change equipment or processes, or when a new Code or safety alert is published.

9) Incident Response And Notifiable Incidents

Have a simple incident response plan: first aid, make-safe actions, preserving the site (where required), internal escalation, communication and investigation.

Some incidents must be notified to the WA regulator (for example, death, serious injury/illness or a dangerous incident). Train your leaders on what triggers notification and how to secure the site pending inspection.

Where safety breaches overlap with conduct issues, follow a fair process - that may include standing down an employee pending investigation and issuing a formal show cause letter.

10) Fit For Work, Fatigue And Alcohol & Other Drugs

“Fit for work” includes fatigue management, medical fitness, prescription medicines and alcohol & other drugs. For higher-risk work, it may be reasonably necessary to implement testing as part of a risk-based program.

If you introduce testing, set it out in a clear policy, consult workers and follow lawful, fair procedures. For context around lawful testing, see this guide to drug testing employees.

11) Psychosocial Hazards (Mental Health)

WA recognises psychosocial hazards such as high work demands, low job control, bullying, aggression, exposure to trauma and poor support. Treat these like any other hazard - identify sources, assess the risks and apply controls at the source where possible.

Controls might include role redesign, reasonable workloads and deadlines, supervisor training, conflict resolution pathways and support after critical incidents.

12) Remote, Isolated Or Home-Based Work

Manage risks linked to working alone, travel, communications, ergonomics and emergency access. Codes offer practical guidance for setting up safe remote workstations, scheduling breaks and reducing fatigue.

13) Personal Protective Equipment (PPE)

Use PPE after you’ve applied higher-level controls. Provide the right PPE, ensure correct fit, maintain it properly and train workers on how and when to use it.

What Policies, Procedures And Records Should You Keep?

Your documents should reflect the hazards in your business and the Codes that apply. Most WA businesses benefit from the following set:

• WHS Policy: Your top-level commitment outlining responsibilities, consultation arrangements and risk management approach.
• Risk Register: A live list of hazards, risk ratings, controls and review dates.
• Safe Work Procedures (SWPs): Step-by-step instructions for tasks with risk (e.g. operating plant, manual tasks, working at height).
• Emergency Plan: Roles, evacuation diagrams, training and drills for likely scenarios (fire, medical, chemical, aggression/violence).
• Training Matrix & Records: Who needs what training, when it’s due and proof it was completed.
• Incident Management Procedure: Reporting, first aid, WorkSafe notification, investigation and corrective actions.
• Fit-For-Work & AOD Policy: A risk-based approach to impairment (including testing, where justified) and fatigue.
• Consultation Procedure: HSR/committee processes, toolbox talks and how worker feedback is captured and actioned.
• Contractor Management Procedure: Prequalification, inductions, supervision and coordination with other PCBUs.
• Plant & Equipment Procedure: Guarding, isolation/lockout, maintenance schedules and competency verification.
• Psychosocial Risk Procedure: Identifying sources of psychosocial risk and implementing practical controls.

Supporting people and governance documents help bring this to life day-to-day:

• Employment Contract: Sets clear duties, performance and conduct expectations, including obligations to follow safety rules and directions.
• Staff Handbook: A plain-English guide that explains your policies and procedures to new starters.
• Workplace Policies: Tailored WHS, bullying/harassment, grievance and incident procedures aligned with the Codes.
• Position Descriptions & Competency Records: Clarify responsibilities and confirm workers are competent for their tasks.

Documentation alone won’t keep anyone safe. Train your team on how to use these documents, keep them up to date, and spot-check how they’re followed in real operations.

Common Pitfalls In WA (And How To Avoid Them)

“Policy On The Shelf” Syndrome

Policies exist but aren’t used. Build WHS checks into workflows (pre-starts, toolbox talks, supervisor sign-offs) and run short internal audits to keep things real.

Not Consulting Workers

Consultation is a legal requirement and a practical advantage. Schedule it, record it and follow up on outcomes. Frontline insights often surface simple, effective controls you might otherwise miss.

Weak Contractor Controls

Assuming contractors will manage their own safety is risky. Induct them to your site rules, verify competencies and coordinate with other PCBUs so responsibilities are clear.

Gaps In Training Evidence

Verbal briefings won’t help if you can’t prove they happened. Keep sign-in sheets, assessment results and refresher calendars so you can demonstrate compliance.

Ignoring Psychosocial Risks

Bullying, aggression, unrealistic workloads and poor role clarity are genuine hazards. Treat them like any other risk - redesign work where needed, train leaders and make sure your policy framework includes clear behavioural standards and reporting pathways.

Enforcement, Penalties And Officer Due Diligence

WorkSafe WA can inspect your workplace, issue improvement or prohibition notices and prosecute. Penalties can be significant - especially for reckless conduct or repeated breaches - and can include large fines and, in serious cases, imprisonment.

Officers (directors and senior managers) must exercise due diligence. In practice, that means:

• Staying up-to-date with WHS obligations and relevant Codes.
• Ensuring adequate resources (people, time, equipment) are allocated to WHS.
• Verifying that risk controls and incident responses are working in practice (not just on paper).
• Demanding reports, asking questions and following up on corrective actions.

If serious misconduct is alleged after an incident, separate safety response from HR process. Follow a fair process - that may include preliminary inquiries, standing down an employee pending investigation where justified, and issuing a formal show cause letter - and document the steps you take.

Encourage early reporting without fear. Clear grievance procedures, respectful communications and consistent enforcement build trust and help you address issues before they escalate.

Key Takeaways

• WA’s approved WHS Codes of Practice are practical guidance - not mandatory rules - but following them is strong evidence you’ve done what’s reasonably practicable.
• Use the Codes to build a simple system: identify hazards, control risks using the hierarchy, consult workers, train and supervise, maintain equipment and keep records.
• Match your documents to your risks: a WHS policy, risk register, SWPs, emergency plan, training and incident procedures, supported by core people docs like an Employment Contract and Staff Handbook.
• Avoid common pitfalls by making policies usable, consulting workers, managing contractors, evidencing training and addressing psychosocial risks early.
• Officers must exercise due diligence - resource WHS properly, test that controls work in practice and follow a fair process where conduct issues arise.
• Where higher-risk work justifies it, an evidence-based approach to impairment (including lawful testing) should be set out in clear, consulted policies and procedures, supported by your broader workplace policy framework.

If you’d like a consultation on setting up WHS policies and aligning with Codes of Practice in WA, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.