Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017

The Work Health and Safety (Managing Risks in Stevedoring) Code of Practice 2017 is an approved code of practice made under section 274 of the Work Health and Safety Act 2011. It is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations.

The Code applies to anyone who has a duty of care in the circumstances it describes. In most cases, following an approved code of practice would achieve compliance with the relevant health and safety duties under the WHS Act for the subject matter covered by the Code. The text also makes clear that codes deal with particular issues and do not cover every hazard or risk that may arise, so duty holders still need to consider all risks associated with the work.

For businesses, the key point is that this is not just background reading. The Code says approved codes are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code as evidence of what is known about a hazard, risk or control and may rely on it in deciding what is reasonably practicable. Inspectors may also refer to it when issuing improvement or prohibition notices.

The text identifies this instrument as in force and administered by the Department of Employment and Workplace Relations. It was developed by Safe Work Australia as a model code of practice for adoption by the Commonwealth, state and territory governments. That matters because a model code may be adopted differently across jurisdictions.

If your business operates under the Commonwealth WHS framework, this instrument is the starting point. If you operate in a state or territory system, you should check the local approved code and any local changes before relying on this page. The practical issue is not just whether a code exists, but whether the wording, approval status or related local requirements differ.

You should also check whether any port-specific rules apply. The Code says it should be used in conjunction with relevant Marine Orders and any relevant port-specific regulation such as harbour master's directions. In practice, a business should not treat this Code as the only document governing vessel, wharf and terminal safety.

The Code applies to all workplaces where stevedoring operations are carried out. It says stevedoring involves all activities directly connected with loading or unloading vessel cargo, stacking and storing on the wharf, and receiving and delivering cargo within the terminal or facility.

The Code explains that stevedoring operations are diverse. It gives examples including container operations, roll on-roll off cargo such as cars and bulldozers, pure car carriers, break bulk cargo such as oversized construction, oil and gas equipment, wind towers and steel, bulk cargo such as grain, liquids, iron ore and coal, and passenger vessels.

For a business owner, the practical reading is broad. If your work sits at the vessel-to-wharf interface, in wharf storage connected to vessel cargo, or in terminal receival and delivery linked to that cargo movement, this Code is likely relevant. It is not limited to the company that calls itself the stevedore.

The Code says everyone involved in stevedoring operations has health and safety duties when carrying out the work. A person conducting a business or undertaking has the primary duty under the WHS Act to ensure, so far as is reasonably practicable, that workers and other people are not exposed to health and safety risks arising from the business or undertaking. That includes providing and maintaining a work environment without risks to health and safety.

In stevedoring, the Code says this means a PCBU must eliminate risks arising from stevedoring or, if that is not reasonably practicable, minimise the risks so far as is reasonably practicable. The Code also points to specific WHS Regulation requirements relevant to stevedoring, including noise, hazardous manual tasks, falls, hazardous chemicals and plant.

The duty holders are wider than the stevedore itself. The Code specifically includes those who operate a business involved in stevedoring and those who have management or control of a workplace where stevedoring operations are carried out, for example ship owners and port authorities. It also says designers, manufacturers, importers, suppliers and installers of plant or structures used in stevedoring operations must ensure, so far as is reasonably practicable, that the plant or structure is without risks to health and safety.

Officers, including company directors, must exercise due diligence to ensure the business complies with the WHS Act and Regulations. Workers must take reasonable care for their own health and safety, not adversely affect others, comply with reasonable instructions and cooperate with reasonable WHS policies and procedures. If PPE is provided, workers must use it in accordance with the information, instruction and training provided. Other people at the workplace, including visitors, also have duties to take reasonable care and comply with reasonable instructions so far as they are reasonably able.

The Code describes risk management as a systematic process to eliminate or minimise the potential for harm to people. It says the process involves identifying hazards, assessing risks if necessary, implementing and maintaining control measures, and reviewing control measures.

This is the operating backbone of the Code. It means businesses should not wait for an incident before acting. The process needs to be used before work starts, during the operation and again when conditions change. The Code also notes that if you already know the risk and how to control it effectively, a separate risk assessment may be unnecessary. But if circumstances or conditions change, the risk needs to be reassessed.

In practice, a business should treat risk management as a live operational process. Stevedoring work is dynamic. Vessel layout, cargo type, weather, lighting, traffic movement, shift changes and plant condition can all alter the risk profile quickly.

The Code says the first step in managing stevedoring risks is to find out what could potentially cause harm to people. It gives practical ways to do that. These include inspecting the working environment and talking to workers about how work is carried out, inspecting equipment and materials used during stevedoring, reading product labels and manufacturer's instruction manuals, talking to manufacturers, suppliers, industry associations and health and safety specialists, and reviewing reports of incidents, injuries and dangerous occurrences.

The Code also warns that duty holders must consider all risks associated with work, not only those specifically mentioned in the Code. Hazards may co-exist and may change as work is carried out. For example, entries and exits may become blocked, or workers may be exposed to moving plant while also performing hazardous manual tasks in high noise conditions.

That means a business should not rely only on generic paperwork or a one-off pre-start form. Hazard identification should reflect the actual vessel, cargo, plant, weather, lighting, access arrangements and workforce on the day.

The Code includes a table of common hazards associated with stevedoring operations and examples of when they may occur. These include hazardous manual tasks such as lashing and unlashing and fitting or removing twist locks, working at height near open hatches, cargo access points or ladders, working in restricted or enclosed spaces such as holds or between cargo, falling objects from suspended cargo or unsecured loads, plant and equipment risks around straddle carriers, internal transfer vehicles, reach stackers, rubber tyred gantries and forklifts, and damaged or poorly maintained equipment such as ladders, electrical cables, ropes, stretched chains and defective hooks.

The table also refers to working environment risks such as extreme weather, work in holds and on deck, work near refrigerated containers, poor air quality, electricity risks when lashing next to refrigerated containers or isolating equipment, stored energy from pressurised liquids and gases or tensioned cables and ropes, noise, hazardous chemicals including dangerous goods and fumigants, fire from hot works or combustible cargo, inadequate lighting, and failures to follow safety procedures such as using incorrect lifting gear or not verifying safe working load or service history where required.

For businesses, the practical value of the table is that it helps identify trigger points for extra controls. Typical trigger points include vessel arrival, first inspection, start of shift, change of shift, change in cargo type, use of suspended loads, work in holds, work near open hatches, hot works, dangerous goods handling, poor lighting, bad weather, plant defects and any uncertainty about lifting gear or load limits.

The Code sets out the consultation duties under the WHS Act. A PCBU must consult, so far as is reasonably practicable, with workers who carry out work for them who are, or are likely to be, directly affected by a work health and safety matter. If workers are represented by a health and safety representative, the consultation must involve that representative.

The Code says consultation is required when identifying hazards and assessing risks, when making decisions about ways to eliminate or minimise risks, when making decisions about the adequacy of welfare facilities, when proposing changes that may affect health or safety, and when making decisions about procedures for consultation, issue resolution, health monitoring, workplace condition monitoring and providing information and training.

Consultation involves sharing information, giving workers a reasonable opportunity to express views and taking those views into account before decisions are made. The Code notes that workers are entitled to take part in consultation arrangements and to be represented by an elected health and safety representative. It also says workers' experience may help identify hazards and choose practical and effective controls.

The Code gives examples of consultation methods including induction processes, toolbox talks, WHS committee meetings, participative risk assessment processes, phone, email or fax, and sessions or events called for a specific purpose. It specifically notes that toolbox talks can be used both to provide information and to receive feedback, and says it is good practice to keep a written record of the topic covered, attendees and feedback received.

Stevedoring often involves more than one business or undertaking, each with health and safety duties. The Code says that where more than one person has a duty in relation to the same matter, each must, so far as is reasonably practicable, consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to that matter.

The Code says duty holders should exchange information on planned activities and consider who is best placed to minimise or eliminate the risks. The intended outcome is that each duty holder understands how its activities may impact health and safety and that the actions each takes are complementary.

The Code gives a practical example involving pre-planning before a vessel arrives at a terminal or facility. The stevedoring company may provide safety information and vessel inspection checklists to the ship before operations begin. This gives the vessel master or nominated representative an opportunity to cooperate and provide information about safe work procedures for the ship. The stevedoring company then conducts a vessel inspection on arrival. Safety issues are communicated to the vessel master or officer in charge. If issues remain unresolved, the stevedoring company may work further with the vessel representative and, if necessary, contact the local agent, shipping line or vessel operator to try to resolve them.

For businesses, this means shared operations need active coordination, not assumptions. If your workers, plant or procedures interact with another operator's systems, you should know who is doing what, what information has been exchanged and how unresolved issues are escalated.

The table of contents and the consultation example in the Code show that planning and inspections are central parts of managing stevedoring risk. The Code includes sections on pre-arrival planning, emergency planning, vessel inspections and plant inspections, as well as example vessel inspection checklists for container operations and for bulk and general operations.

Even without reproducing every checklist item here, the practical message is clear. Businesses should plan before the vessel arrives, inspect the vessel and work area on arrival, inspect plant used in the operation and have a process for escalating unresolved safety issues. Planning should not be treated as a paperwork exercise. It should support decisions about whether the work area is safe, what controls are needed and whether work can proceed.

Emergency planning is also specifically listed in the Code. Businesses should make sure emergency arrangements are not generic and that they reflect the actual vessel, cargo, access points, communication systems and work environment involved in the operation.

The Code says a PCBU must provide relevant information, instruction, training and supervision necessary to protect all persons from risks to their health and safety arising from work carried out. For workers, including contractors, the information provided should include results of any relevant risk assessment, information on relevant safe work procedures and manufacturer's instructions on the safe use of plant and equipment where available.

The Code says procedures should be in place so all workers, including contractors and subcontractors, are informed of the hazards and risks involved in the activities they are about to carry out, particularly at the change of shift. This is important in stevedoring because the work is dynamic and the workforce may change frequently.

The Code also says training should be provided to all workers undertaking work on the site, particularly contractors who may be unfamiliar with the working environment, organisational policies and work procedures. Workers must be consulted when making decisions about procedures for providing WHS information and training. A training delivery plan may assist with consultation, identifying knowledge and skills needed and timely delivery of training to address skills gaps.

Training should be provided by a competent person and tailored to the specific needs of each group. The Code lists stevedoring-specific topics including WHS duties, the nature and extent of stevedoring hazards and risks, hazard and incident reporting systems, systems for reporting defects in plant or equipment, consultation arrangements, safety documents, policies, procedures and plans, safe work procedures for specific cargo management, use of communication systems, operation of vehicles and plant, emergency and first aid procedures, when and how to use PPE, access to health and safety information, and access, egress and security.

The Code says training records should be kept. These may include training needs analysis documents, training plans, records of workers who completed training and completion dates, details of competency-based training, and copies of licences, certificates or other qualifications. Training should be reviewed and updated where necessary to reflect changes in hazards, risks, work practices or control measures. The Code notes this is especially important where the workforce may change frequently and may only be employed for short periods.

Adequate supervision must also be provided. Supervisors should have the information, training and authority to competently direct and control their team's work and ensure work is done safely. The level of supervision depends on the hazards and risks, worker experience and competence, and the effectiveness of existing controls. High-risk or complex activities may require greater supervision. New starters or others with special needs may require more direct supervision and ongoing instructions until they can demonstrate they have the skills to perform the work safely.

The Code states that some work activities require workers to hold a relevant high risk work licence under the WHS Regulations. The examples given include dogging, rigging, the operation of reach stackers, forklifts and some types of cranes. The licence is issued by the regulator.

The Code then refers to regulation 85 of the WHS Regulations. It says a PCBU must not direct or allow a worker to carry out high risk work for which a licence is required unless the person sees written evidence provided by the worker that the worker has the relevant licence for that work, is undertaking a course of training for the licence, or has applied for the relevant licence and is awaiting a decision on that application.

For businesses, this means licence checking should be a front-end control, not an afterthought. If the work requires a licence, written evidence needs to be seen before the worker is directed or allowed to do it.

The structure of the Code shows the main operational areas businesses should review. It includes dedicated sections on the working environment, handling loads and cargo, and plant and equipment. The working environment section covers gangways, housekeeping, lighting, air quality, weather conditions, traffic management, managing the risk of falls and falling objects, noise and managing fatigue. The handling loads and cargo section covers suspended loads, lashing and unlashing containers, working in ships' holds, types of cargo, and storage, stowage and securing of cargo. The plant and equipment section covers powered mobile plant, cranes, ship-based cranes, shore-based cranes, crane personnel cradles or work boxes, and other lifting equipment.

That structure is useful because it shows the Code expects businesses to manage risk across the whole operation, not just around one obvious hazard. A compliant system should consider access, movement, visibility, weather, housekeeping, communication, cargo stability, lifting methods, plant condition and the interaction between workers and moving equipment.

If your business has procedures in these areas, check whether they are specific to stevedoring conditions. Generic warehouse or transport procedures may not be enough where work is being done on vessels, wharves, in holds, around suspended loads or in mixed traffic environments with specialised plant.

The Code repeatedly points to practical systems, communication and records. Based on the text, businesses should expect to have working documents and processes that match the operation being performed. These may include pre-arrival planning materials, emergency plans, vessel inspection checklists, plant inspection processes, safe work procedures, consultation records, toolbox talk records, incident and near miss reports, defect reporting systems, training delivery plans, training records, competency records and evidence of licences where required.

The point is not to create paperwork for its own sake. The documents should reflect what actually happens on site. A vessel inspection checklist should be used on arrival. Toolbox talks should record the topic, attendees and feedback. Defect reporting should lead to action. Training records should show what was delivered, to whom and when. If your business relies on another standard instead of the Code, your records should show how that method provides an equivalent or higher standard of work health and safety.

If you are a stevedore, terminal operator or contractor, read this Code as a practical operating standard for planning, inspections, consultation, training, supervision and control of common stevedoring hazards. If you are a ship owner, port authority or another business with management or control of the workplace, the Code is still directly relevant because it recognises that more than one duty holder may be involved in the same operation.

If you are a smaller business entering port or terminal work, do not assume the principal operator's systems automatically discharge your duties. The Code points the other way. Each duty holder needs to understand how its activities affect health and safety and ensure its actions are complementary with others. A sensible first step is to map your role in the operation, identify where your workers, plant or procedures interact with others, and check whether your controls are specific to stevedoring conditions.

You should also read this Code together with the other documents it names. The text says it should be used with relevant Marine Orders, relevant port-specific regulation and other WHS codes on risk management, consultation, hazardous manual tasks, falls, noise, the work environment and facilities, first aid, plant, hazardous chemicals and electrical risks. The International Labour Organisation Code of Practice: Safety and Health in Ports is also identified as guidance that may assist duty holders to understand risks in stevedoring operations and how those risks can be managed.