Tunnelling Code of Practice 2007
Important information about this Code of Practice
- The code is a new development and does not replace any previous code of practice.
- The code was made on 31 May 2007.
- The code first commenced on 8 June 2007.
- The code expires 10 years after it first commenced.
What is this code of practice about?
The purpose of this code of practice is to give practical advice about ways to manage exposure to risks associated with tunnelling work.
Obligations under the Workplace Health and Safety Act 1995
The Workplace Health and Safety Act 1995 (PDF, 766 KB) places obligations on certain persons to ensure workplace health and safety. Workplace health and safety is ensured when persons are free from death, injury or illness (and the risk of death injury or illness) created by workplaces, relevant workplace areas, work activities or plant or substances for use at a workplace. Ensuring workplace health and safety involves identifying and managing exposure to risks at your workplace.
Obligations of a person who conducts a business or undertaking (a ‘relevant person’)
The Workplace Health and Safety Act 1995 places obligations on a person who conducts a business or undertaking. The Act refers to a person who conducts a business or undertaking as a ‘relevant person’. The obligations apply whether or not –
- the relevant person conducts the business or undertaking as an employer, self-employed person or otherwise; and
- the business or undertaking is conducted for gain or reward; and
- a person works on a voluntary basis.
‘Relevant persons’ have an obligation to ensure –
- the workplace health and safety of their workers and any other persons is not affected by the conduct of the relevant person’s business or undertaking; and
- their own workplace health and safety.
The term ‘relevant person’ is also used in the Workplace Health and Safety Regulation 1997 (PDF, 1.4 MB).
Where this code of practice provides advice to employers and self-employed persons on managing exposure to risks, other persons who conduct a business or undertaking may also find this advice applicable depending on their circumstances.
How can I meet my obligations?
Under the Act, there are three types of instruments to help you meet workplace health and safety obligations – regulations, ministerial notices and codes of practice.
If there is a regulation or ministerial notice about a risk, you MUST do what the regulation or ministerial notice says.
If there is a code of practice about a risk, you MUST either –
- do what the code says; or
- do all of the following–
- adopt and follow another way that gives the same or greater level of protection against the risk;
- take reasonable precautions; and
- exercise proper diligence
If there is no regulation, ministerial notice or code of practice about a risk, you must choose an appropriate way to manage exposure to the risk and take reasonable precautions and exercise proper diligence to ensure that your obligations are met.
Note
There may be additional risks in the workplace, which have not been specifically addressed in this code of practice. You are required under the Workplace Health and Safety Act 1995 to assess these risks and ensure that control measures are implemented and reviewed to prevent or minimise exposure to these risks.
This code of practice should be read in conjunction with the Workplace Health and Safety Act 1995 and other relevant codes of practice. Where applicable, these codes of practice are referred to in the text.
References to legislation, Australian Standards and other documents in this code of practice are current at the time of printing. It is the responsibility of the user to check whether these documents are current at the time of reading.
Last updated 22 July 2008
