Work Health and Safety (Preventing Falls in Housing Construction) Code of Practice 2015

This instrument is the Work Health and Safety (Preventing Falls in Housing Construction) Code of Practice 2015. It is an approved code of practice made under section 274 of the Work Health and Safety Act 2011.

The foreword explains what that means in practical terms. An approved code of practice 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. It applies to anyone who has a duty of care in the circumstances described in the Code.

The Code also explains its legal role. 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. Courts may treat a code as evidence of what is known about a hazard, risk or control measure, and may rely on it when deciding what is reasonably practicable. Inspectors may also refer to it when issuing improvement or prohibition notices.

The Code does not say it is the only possible way to comply. It states that 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 says it was developed by Safe Work Australia as a model code of practice for adoption by the Commonwealth, state and territory governments. That is an important check for businesses operating across Australia. Before relying on this page, confirm the code status and any local adoption details in the jurisdiction where the work is being done.

The Code has a defined scope. It applies to the construction or extension of detached houses, attached dwellings separated from each other by a fire resisting wall such as terrace, row or town houses, boarding and guest houses, hostels or similar with a floor area less than 300 square metres, and ancillary buildings to those structures such as private garages, gazeboes and carports.

The Code also states what it does not apply to. It does not apply to the maintenance or renovation of buildings. It also does not apply to multi-storey buildings above two habitable storeys.

For many businesses, this scope question is the first and most important filter. A builder doing a new detached home or an extension to a townhouse is likely to be within scope. A contractor doing maintenance work on an existing building, or working on a higher-rise project, should not assume this Code is the main guide for that job.

The Code notes that these scope points are based on Classes 1, 2 and 10 of the Building Code of Australia. Even so, the practical test for most businesses is still straightforward: check the type of building, the kind of work being done, and the number of habitable storeys before treating this Code as your main falls guidance.

The Code makes clear that fall prevention is not only the builder's issue. 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.

It also points to more specific obligations under the WHS Regulations for managing the risk of a fall by a person from one level to another. These include ensuring, so far as is reasonably practicable, that work involving a fall risk is carried out on the ground or on a solid construction, providing safe means of access to and exit from the workplace, and providing adequate protection against the risk of falls.

The Code also identifies other duty holders. Designers, manufacturers, suppliers, importers and installers of plant or structures used for work must ensure, so far as is reasonably practicable, that the plant or structure is without risks to health and safety. Designers are specifically identified as having an important role in eliminating or minimising fall risks at the design stage.

Officers, such as company directors, must exercise due diligence to ensure the business complies with the WHS Act and Regulations. The Code says this includes taking reasonable steps to ensure the business has and uses appropriate resources and processes to eliminate or minimise risks of falls from one level to another that are likely to cause injury.

Workers also have duties. They must take reasonable care for their own health and safety and avoid adversely affecting the health and safety of others. They must comply with any reasonable instruction given by the person conducting the business or undertaking.

The Code uses a broad definition of when there is a risk of a fall. It is not limited to roof edges or obvious high places. A risk of a fall includes circumstances where a worker or other person is in or on plant or a structure at an elevated level, in or on plant being used to gain access to an elevated level, in the vicinity of an opening through which a person could fall, in the vicinity of an edge over which a person could fall, on or in the vicinity of a surface through which a person could fall, or on or near a slippery, sloping or unstable surface.

The introduction also says falls can occur at ground level into holes such as trenches or service pits. That means a business should not treat falls as only a roofing issue. Stair voids, penetrations, partially completed floors, trenches, service pits, fragile roof materials and unstable surfaces can all trigger the need for controls.

On a live housing site, trigger points often arise as the job changes. A floor opening may be cut after framing starts. Roof trusses may create new access issues. A mobile scaffold may be brought near a penetration. A surface that was safe in dry weather may become slippery after rain. The Code requires control measures to be maintained and reviewed, so businesses should reassess fall risks whenever the work method, sequence, surface or access arrangement changes.

The Code says a person conducting a business or undertaking must manage risks associated with the carrying out of construction work. It describes risk management as a systematic process.

Under the WHS Regulations, as summarised in the Code, a duty holder must identify reasonably foreseeable hazards that could give rise to the risk, eliminate the risk so far as is reasonably practicable, and if elimination is not reasonably practicable, minimise the risk so far as is reasonably practicable by implementing control measures in accordance with the hierarchy of risk control. The duty holder must also maintain the implemented control measure so it remains effective, and review and if necessary revise all risk control measures.

The Code says managing risk involves identifying hazards, assessing risks if necessary, implementing control measures, and reviewing those control measures to ensure they are effective. For a housing business, that means the process should happen before work starts and continue as the site develops.

The Code also explains that fall protection measures must be fit for purpose, suitable for the nature and duration of the work, and set up and used correctly. It warns that selected controls should not create new hazards, such as electrical risks from overhead power lines or crushing and entanglement risks from plant like elevating work platforms.

The Code sets out fall protection measures in the order of the hierarchy of control. This order matters. Businesses should not jump straight to the quickest or cheapest method if a higher order control is reasonably practicable.

Level 1 controls are to carry out work involving the risk of a fall on the ground or on a solid construction. Level 2 controls are to use a fall prevention device, such as temporary work platforms or guardrails, if that is reasonably practicable. Level 3 controls are to use a work positioning system if it is not reasonably practicable to provide a fall prevention device. Level 4 controls are to use a fall-arrest system, so far as is reasonably practicable, if it is not reasonably practicable to provide a fall prevention device or a work positioning system. Level 5 controls are administrative controls, and the work may also be undertaken from ladders if a risk remains after considering the higher order controls and there is no reasonably practicable alternative.

The Code says height is not the only risk factor, but the greater the height, the greater the risk and therefore more consideration must be given to implementing controls at the top of the hierarchy. It also says level 1, 2, 3 or 4 controls are usually necessary when working at a height of 2 metres or more. Depending on the risk assessment, ladders and administrative controls may be all that is reasonably practicable for work at heights of less than 2 metres.

The Code's discussion of what is reasonably practicable is also important. It says this does not just mean cost in dollar terms. Relevant factors include the severity of the hazard or risk, how likely a fall is, how serious the injuries are likely to be, what is known about the hazard and ways of controlling it, the availability and suitability of controls, and whether the cost of implementing controls is grossly disproportionate to the risk.

The Code says eliminating the need to work at height is the most effective way of protecting workers from the risk of falls. It gives examples such as prefabricating roofs at ground level and prefabricating wall frames horizontally before standing them up.

Where work cannot be done on the ground, the next best option is often a solid construction. The Code says a solid construction is an area that is structurally capable of supporting workers, material and any other loads applied to it, is provided with barriers around its perimeter and around any openings from or through which a person could fall, has an even and accessible surface and gradient, and has a safe means of entry and exit.

The structural strength point is practical and important. Different work creates different loads. The Code says the surface and its supports should safely carry expected loads including workers, materials, tools and equipment. If there is doubt, a structural engineer should determine the safe load capacity before use.

The Code also gives practical guidance on surfaces and gradients. Surfaces of a solid construction should be non-slip and free from trip hazards and traps. They should generally not exceed 7 degrees, and cleated surfaces should not be steeper than 20 degrees.

The Code says edge protection should be provided to prevent a person falling over edges of a solid construction. It specifically refers to the perimeters of buildings or other structures, the perimeters of skylights or other fragile roof materials, and openings in floor or roof structures.

The Code includes an edge protection checklist. It says the guardrail system should be of strong design and able to withstand the force of someone falling against it. Top rails should be between 900 millimetres and 1100 millimetres above the working surface. Mid-rails should be provided, although wire mesh infill panels incorporating a toeboard may be used instead of the mid-rail. Toeboards should be provided where reasonably practicable. On some roof slopes, a bottom rail above the toeboard may be provided for more severe roof slopes. Access points required for equipment such as tile elevators must be adequately protected. Every open edge of a stair, landing, platform or shaft opening must be protected to prevent people falling.

The Code also deals with void protection. Where workers are on trestles, ladders or mobile scaffolds close to floor openings such as stairwells and partially completed floors, edge protection alone may not prevent a fall into the opening. The opening must be covered with covers designed to withstand likely impact and static loads and fixed to prevent dislodgement or accidental removal.

Safe entry and exit are also mandatory considerations. The Code says every solid construction must have safe and suitable means of entry and exit. Examples include existing floor levels, permanently installed platforms, ramps, stairways and fixed ladders, temporary access ways and temporary stair systems, and secured single portable ladders set up at a slope of 4:1 and extending at least 1 metre above the stepping off point. Stepladders and trestle ladders should not be used for access to or egress from solid construction.

The Code defines a fall prevention device as a fall protection system that, once erected or installed, requires no further ongoing adjustment, alteration or operation by a worker to ensure the integrity of the system as a fall prevention system. Examples include temporary work platforms and guardrails.

A temporary work platform is a working platform, other than a permanently installed fixed platform, used to provide a working area for the duration of the job. The Code says temporary work platforms commonly used in housing construction include scaffolds, both fixed and mobile, elevating work platforms and step platforms.

The Code gives scaffold duty ratings and examples of suitable work. Light duty platforms are up to 225 kilograms per bay and are used for tasks such as painting, electrical work, many carpentry tasks and other light tasks. Medium duty platforms are up to 450 kilograms per bay and are suitable for general trades work. Heavy duty platforms are up to 675 kilograms per bay and are needed for bricklaying, concreting, demolition work and most other tasks involving heavy loads or heavy impact forces. Special duty platforms have a designated allowable load as designed.

The Code also says workers using scaffolds should know what loads the scaffold can safely take, that unauthorised alterations must not be made, that working platforms need to be kept clear of debris and obstructions, and that incomplete or defective scaffolds must never be accessed.

For mobile scaffolds, the Code says the scaffold should remain level and plumb, be kept well clear of powerlines, open floor edges and penetrations, never be accessed until all castors are locked, and never be moved while anyone is on the scaffold.

The Code also includes specific checks for scaffolding. If scaffolding is erected from which a person or object could fall more than 4 metres, it must be erected, altered and dismantled by a licensed scaffolder. An unlicensed person must not alter scaffolding without authority from a competent person. Incomplete unattended scaffolding should have danger tags and warning signs attached at appropriate locations to prevent use.

The Code places ladders low in the hierarchy of control. They may be used where a risk remains after considering higher order controls and there is no reasonably practicable alternative. That means a business should be able to explain why work could not reasonably be done on the ground, on a solid construction, or by using a fall prevention device, work positioning system or fall-arrest system.

The Code also requires businesses to provide any information, instruction, training or supervision necessary to protect people from risks to their health and safety arising from the work. It states that a person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless the worker has successfully completed general construction induction training.

Where workers are exposed to potential falls from working at any height, the Code says information, instruction and training must explain the hazards and risks associated with the work, how to follow health and safety procedures including the contents of any Safe Work Method Statement, and the reasons fall protection measures have been put in place and how to use them properly. Supervisors should also receive training.

Consultation is another practical requirement. The Code says you must consult, so far as is reasonably practicable, with workers who carry out work for you and 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 workers must be consulted at every step of the risk management process.

The Code also says duty holders must consult, cooperate and coordinate activities with all other persons who have a work health or safety duty in relation to the same matter, so far as is reasonably practicable. This is especially important on housing sites where several contractors may share the same workplace and the same fall risks. The Code gives the example of an electrician working on a roof consulting with the builder and other duty holders to coordinate suitable fall prevention and ensure each activity does not create risks for others.

Finally, the Code states that high risk construction work includes work that involves a risk of a person falling more than 2 metres, and that a Safe Work Method Statement must be prepared before the work starts.

This Code is not intended to stand alone. It expressly says it should be read in conjunction with the Code of Practice: Managing the Risks of Falls at Workplaces and the Code of Practice: Construction Work.

That matters because this Code is focused on preventing falls in housing construction. It gives practical guidance for that setting, including common tasks and common controls. But the Code also says approved codes deal with particular issues and do not cover all hazards or risks that may arise. A business still needs to consider all risks associated with the work, not only those for which regulations and codes of practice exist.

For a business owner, the practical approach is to use this Code as the housing-specific falls guide, then cross-check it against the broader construction and falls guidance that applies to the project. That is especially important where the site includes mixed activities, unusual plant, or work that sits near the edge of this Code's scope.

The instrument was approved on 18 March 2016 and registered on the Federal Register of Legislation on 30 March 2016. It commenced on the day after registration, which was 31 March 2016. The Federal Register listing identifies the instrument as in force.

Because the Code says it was developed as a model code for adoption by the Commonwealth, state and territory governments, businesses should still confirm the current local position before relying on it for a particular project.