Work Health and Safety (Managing the Work Environment and Facilities) Code of Practice 2015

The Work Health and Safety (Managing the Work Environment and Facilities) Code of Practice 2015 is an approved code of practice made under section 274 of the Work Health and Safety Act 2011. The foreword describes an approved code of practice as a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations.

That legal status matters. The Code is not drafted as a complete statement of every WHS duty, and the foreword says that, like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. Businesses still need to consider all risks associated with work, not only the ones specifically discussed in this Code.

The foreword also explains how the Code should be used in practice. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act in relation to the subject matter of the code. But it is not the only possible path. Compliance may also be achieved by following another method, such as a technical or industry standard, if that method provides an equivalent or higher standard of work health and safety than the Code.

The Code also has evidentiary value. It is admissible in court proceedings under the WHS Act and Regulations. Courts may regard it as evidence of what is known about a hazard, risk or control and may rely on it in determining what is reasonably practicable in the circumstances. Inspectors may also refer to an approved code of practice when issuing an improvement or prohibition notice.

The instrument text says the Code was approved on 17 December 2015 and commenced on the day after registration. The Federal Register listing identifies it as in force. The foreword also says it was developed by Safe Work Australia as a model code of practice for adoption by the Commonwealth, state and territory governments. If your business operates across more than one Australian jurisdiction, you should check the approved code or equivalent guidance that applies in each place before relying on one national approach.

The scope section says this Code applies to all types of work and all workplaces covered by the WHS Act, including workplaces that are mobile, temporary and remote. It provides practical guidance for persons conducting a business or undertaking on how to provide and maintain a physical work environment that is without risks to health and safety.

The primary duty holder identified in the Code is the person conducting a business or undertaking. The introduction says 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 persons are not exposed to health and safety risks arising from the business or undertaking.

The Code then points to more specific obligations under the WHS Regulations in relation to the work environment and facilities for workers. These include ensuring, so far as is reasonably practicable, that workplace layout, lighting and ventilation enable workers to carry out work without risks to health and safety, ensuring adequate facilities for workers, managing risks associated with remote and isolated work, and preparing emergency plans.

Other duty holders are also identified. A person conducting a business or undertaking who has management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting it, and anything arising from it are without health and safety risks to any person. Designers and constructors of buildings and structures intended to be used as workplaces must also ensure, so far as is reasonably practicable, that the building or structure is without risks to health and safety.

Officers, such as company directors, have a due diligence duty. The Code says this includes taking reasonable steps to ensure the business has and uses appropriate resources and processes to provide and maintain a safe work environment and adequate facilities for workers. Workers also have duties. They must take reasonable care for their own health and safety and that they do not adversely affect others, and they must comply with reasonable instructions and co-operate with reasonable workplace health and safety policies and procedures.

The scope section and table of contents show that the Code covers four broad areas. First, it deals with the physical work environment, including workspace, lighting and ventilation. Second, it covers facilities for workers, including toilets, drinking water, washing and dining areas, change rooms, personal storage and shelter. Third, it addresses remote and isolated work. Fourth, it covers emergency plans.

The table of contents also shows the practical topics in more detail. Under the work environment, the Code addresses entry and exit, housekeeping, work areas, floors and other surfaces, workstations, lighting, air quality and heat and cold. Under welfare facilities, it addresses access to facilities, drinking water, toilets, hand washing, dining facilities, personal storage, change rooms and shower facilities. It also includes guidance for outdoor work, remote or isolated work and accommodation, plus an appendix checklist and examples of facilities for different workplaces.

The Code says it takes into account that new buildings and major renovations must also comply with the National Construction Code of Australia, which specifies certain requirements, including examples such as the number of toilets that need to be provided in buildings used as workplaces. That means this Code should be read alongside other applicable building and safety requirements, not in isolation.

It also points readers to other more specific codes for some topics. For example, it refers to the code on managing risks in construction work for construction site facilities, the code on first aid in the workplace for first aid facilities, and the code on consultation, co-ordination and co-operation for further guidance on consultation.

The foreword also explains how to read the drafting language used in the Code. The word should indicates a recommended course of action, may indicates an optional course of action, and the words must, requires or mandatory indicate that a legal requirement exists and must be complied with. That distinction is useful when you are turning the Code into a workplace checklist or deciding what needs immediate action.

The Code does not assume every workplace needs the same setup. It says decisions about workplace facilities and the work environment depend on the industry the business is operating in, the nature of the work carried out, the size and location of the workplace, and the number and composition of workers at the workplace. The requirements in the National Construction Code of Australia will also determine what facilities are required for new buildings.

On the nature of the work, the Code suggests asking practical questions. Does the work involve exposure to infectious material or contaminants? If so, workers may need access to shower facilities before they leave the workplace. Do workers need to change out of their clothes? If so, they may need change rooms and appropriate personal storage. Is the work mostly conducted standing or seated? If so, floor coverings and seats should be considered. Is the work sedentary or physically active? If so, this may affect the ideal comfortable air temperature. Is the work done in shifts? If so, cleaning and maintenance schedules may need to take into account the times when the facilities are used.

The Code also notes that workers undertaking different work within the same workplace may have different requirements for facilities depending on the work they do and the equipment they use. That means a single site may need different controls or amenities for different teams.

On the size, location and nature of the workplace, the Code says you should consider whether work is carried out in a building or structure, outdoors, or in a workplace belonging to another business. It also points to mobile workers such as sales representatives, tradespeople or visiting health care workers. Relevant questions include whether the workplace covers an extensive area, whether workers travel between workplaces or sites, whether the workplace is permanent or temporary, whether appropriate welfare facilities are nearby, whether those facilities are available when workers need them, and whether the means of access is safe.

On workforce composition, the Code says the number of workers at the workplace will determine the size and type of facilities required. It also says facilities should provide privacy and security for men and women, and that the requirements of workers with particular needs, including pregnant or lactating women, or disabilities, should be addressed in the design of the workplace.

The Code places real emphasis on consultation. It says consultation involves sharing information, giving workers a reasonable opportunity to express views and taking those views into account before making decisions on health and safety matters. The WHS Act requires consultation, so far as is reasonably practicable, with workers who carry out work for you 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.

In the context of workplace environment and facilities, the Code says you must consult workers when proposing any changes to the work environment that may affect their health and safety and when making decisions about what facilities are needed, for example the number and location of toilets. The consultation should also cover access, cleaning and maintenance of the facilities. If facilities are already provided, consultation should still occur when changes may affect whether those facilities remain adequate.

The Code also recognises that many businesses do not fully control the workplace. It says the duty to provide and maintain a safe work environment and adequate facilities may be shared between duty holders. A business leasing premises may share the duty with the landlord or property manager. In those situations, duty holders must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with each other.

The Code gives a practical tenant example. If you are a tenant in a building, you should discuss your requirements with the property manager or building owner. This includes checking that they have arrangements in place for the proper maintenance of plant such as air-conditioning systems and facilities such as toilets.

For many businesses, this is where compliance problems start. A lease or building management arrangement may divide practical control, but it does not remove WHS duties. If your workers rely on shared toilets, shared exits, common corridors, lifts, ventilation systems or after-hours access arrangements, those issues should be actively discussed and documented with the other duty holders.

The Code reproduces the practical requirements in the Regulations for the work environment. So far as is reasonably practicable, the layout of the workplace must allow people to enter and exit safely and move within it safely under normal conditions and in an emergency. Work areas must have space for work to be carried out safely. Floors and other surfaces must be designed, installed and maintained so work can be carried out safely. Lighting must enable safe work, safe movement and safe evacuation. Ventilation must enable workers to carry out work without risk to health and safety. Workers exposed to extremes of heat or cold must be able to carry out work without risk to health and safety. The extract also states that work in relation to or near essential services such as gas, electricity, water, sewerage and telecommunications must not affect the health and safety of persons at the workplace.

On entry and exit, the Code says the means of entry and exit to and from the workplace must be safe. This may include ensuring that workers with special needs or disabilities can safely enter and leave the workplace. Entries and exits should be slip-resistant under wet and dry conditions. Aisles and walkways should be at least 600 mm wide and kept free of furniture or other obstructions at all times. Where it is necessary to clearly define routes, the boundaries should be marked by a permanent contrasting line at least 50 mm wide or by glowing markers. Entry and exit routes, stairs and walkways should be adequately lit.

The Code also gives practical guidance on stairs, doors and traffic routes. Open sides of staircases should be guarded with an upper rail at 900 mm or higher and a lower rail. A handrail should be provided on at least one side of every staircase, with additional handrails where needed on wide staircases. Separate entries and exits for mobile equipment such as forklifts or trucks and pedestrians should be provided to minimise the risk of people being hit by moving vehicles. If people and vehicles have to share a traffic route, kerbs, barriers or clear markings should be used to designate a safe walkway. Doors and gates should be fitted with safety devices if necessary, and doors on main traffic routes should have a transparent viewing panel unless they are fire-rated doors.

On housekeeping, the Code says an untidy workplace can cause injuries, especially slips and trips, so good housekeeping practices are essential. Spills should be cleaned up immediately, walkways kept clear, work materials neatly stored and waste regularly removed. It also notes that good layout, sufficient storage space, worker training in housekeeping procedures, suitable waste containers and regular emptying all help keep the workplace tidy.

On work areas, the layout should provide sufficient clear space between furniture, fixtures and fittings so workers can move about freely without strain or injury and evacuate quickly in an emergency. In deciding how much space is needed, the Code says you should consider the physical actions needed to perform the task, whether workers need to move around while working, whether the task is seated or standing, access to workstations, the equipment handled and any personal protective equipment worn. Environmental factors including heat or noise may require more space, as may manual tasks or work using tools such as knives.

On floors and other surfaces, the Code says floor surfaces should be suitable for the work area. Floors should be inspected regularly and maintained to eliminate slip and trip hazards. Common examples include trailing cables, uneven edges, broken surfaces, gratings or covers, and loose mats or carpet tiles. Floor surfaces require sufficient grip to prevent slipping, especially in areas that may become wet or contaminated. Floors and any other surfaces people may walk on, such as mezzanines or platforms, must also be strong enough to support loads placed on them.

On workstations, the Code says it may be necessary to determine whether work is best carried out in a seated or standing position, or a combination of the two. Ideally there should be a mix of seated and standing tasks because neither prolonged sitting nor prolonged standing is desirable. Workers should be consulted when carrying out this assessment. Workstations should be designed so workers can work in a comfortable, upright position with shoulders relaxed and upper arms close to the body. Adjustable workstations are preferred where possible because different workers require different working heights. For seated work, seating should provide good body support, especially for the lower back, provide foot support, allow adequate leg clearance and freedom of movement, and be adjustable.

On lighting, sufficient lighting must be provided, whether from a natural or artificial source, to allow safe movement around the workplace and to allow workers to perform their job without awkward postures or eye strain. The Code says relevant factors include the nature of the work activity, the hazards and risks in the workplace, the work environment, illumination levels, the transition of natural light over the day, glare, contrast and reflections. Additional lighting may be needed for some work or at places of particular risk, such as crossing points on traffic routes. Emergency lighting must be provided for safe evacuation in an emergency.

On air quality, workplaces should be adequately ventilated. Fresh, clean air should be drawn from outside the workplace, uncontaminated by discharge from flues or other outlets, and circulated through the workplace. The Code discusses natural ventilation, mechanical ventilation and air-conditioning. It says an air-conditioning system should provide a comfortable environment in relation to air temperature, humidity and air movement, prevent excessive accumulation of odours, reduce respiratory by-products and other indoor contaminants, and supply fresh air while exhausting some stale air and filtering and recirculating some indoor air.

The Code says the WHS Regulations require, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing and eating facilities. The welfare facilities chapter then expands on access to facilities, drinking water, toilets, hand washing, dining facilities, personal storage, change rooms and shower facilities.

The Code makes clear that adequacy is not just about whether a facility exists somewhere. Facilities need to be suitable for the work, the workforce and the workplace. Access matters. Availability at the times workers need the facilities matters. Safe access matters. Cleanliness, privacy, security and maintenance also matter.

The introduction gives examples of when extra facilities may be needed. If workers are exposed to infectious material or contaminants, they may need shower facilities before leaving the workplace. If workers need to change out of their clothes, they may need change rooms and appropriate personal storage. The number of workers and the number using facilities at the same time will affect what is adequate.

Maintenance is a separate and important part of compliance. The Code says the work environment should be maintained so that it remains in a clean and safe condition. Broken or damaged furniture, fixtures and fittings, including chairs, plumbing, air-conditioning and lighting, should be repaired promptly. Facilities should be clean, safe, accessible and in good working order. Consumable items, including soap and toilet paper, should be replenished regularly. Equipment and furniture such as toasters, fridges, lockers or seating should be maintained in good working order.

The Code also says workplaces and facilities should be cleaned regularly, usually on a daily or weekly basis. The cleaning schedule for facilities such as dining areas, toilets, hand basins and showers should take into account shift work, the type of work performed, the likelihood of contamination and the number of workers using them.

For many businesses, this means amenities should be reviewed as part of ordinary operations, not only during a fit-out. A toilet that is technically present but inaccessible after hours, a hand washing station without soap, a dining area that is not cleaned often enough for shift work, or lockers that are broken or insecure can all point to a gap between what exists on paper and what is actually adequate in practice.

The Code is not limited to standard indoor workplaces. Its scope expressly includes mobile, temporary and remote workplaces, and the table of contents includes guidance for outdoor work, remote or isolated work and accommodation. The introduction also says the WHS Regulations place specific obligations on a person conducting a business or undertaking to manage risks associated with remote and isolated work and to prepare emergency plans.

For businesses with workers travelling between sites, working alone, attending client premises, operating outdoors or working from temporary locations, this means the same WHS thinking still applies. You need to consider whether workers can access facilities when needed, whether the means of access is safe, whether environmental conditions create risk, and whether emergency arrangements are workable for the actual location and type of work.

Emergency planning is specifically covered in the Code. The work environment requirements include ensuring the layout allows safe evacuation in an emergency, and the entry and exit guidance says the location of exits should be clearly marked and signs should be posted to show the direction to exit doors. Emergency lighting must also be provided for safe evacuation in the event of an emergency.

For many businesses, the practical trigger for reviewing this part of the Code is a change in work pattern rather than a change in premises. Adding lone work, after-hours work, field work, temporary sites, accommodation or more travel between sites can change what is reasonably required for facilities, communication, access and emergency procedures.

The Code says Appendix A may be used as a checklist to help review the work environment and the adequacy of facilities provided to workers. Even without reproducing the appendix, the body of the Code gives a practical review framework that businesses can use during fit-outs, relocations, growth, renovations, incident reviews or routine compliance checks.

A sensible approach is to inspect the workplace physically, consult workers, identify any shared-responsibility issues with the landlord or site controller, and then document actions, maintenance responsibilities and review dates. This is especially important where the workplace has changed, staffing has increased, shifts have been added, or the nature of the work has changed.

Before relying on this page, businesses should check a few things. First, confirm that the Commonwealth WHS Act is the law that applies to the work and workplace in question. Second, if the business operates in more than one jurisdiction, confirm the approved code or equivalent guidance that applies in each place. Third, check whether other requirements also apply, including the National Construction Code for new buildings or major renovations, and any more specific WHS codes relevant to the work.

It is also worth checking whether your current documents and conduct line up with the Code. For example, a business may have a general WHS policy but no practical process for inspecting floors, replenishing amenities, consulting workers about facilities, coordinating with a landlord about air-conditioning maintenance, or reviewing emergency exits after a layout change. The Code is most useful when it is turned into a recurring operational checklist rather than left as a one-off legal reference.