How to understand the hierarchy of legislation for safe work at height
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How to understand the hierarchy of legislation for safe work at height
Understanding the hierarchy of legislation is crucial when it comes to ensuring safe work practices when working at heights. It is important to be aware of each section’s purpose and how they work together from a legal perspective.
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The hierarchy is divided into five sections, with each section indicating the level of responsibility and the significance of the role played by different entities in ensuring safety and best practices for working at heights.
Work Health and Safety Act – The Law
Previously known as the OHS Act, this part of the hierarchy is a law passed through parliament and established by the Australian Government. It was last revised in 2011.
The section of the WHS Act which applies to those involved in work at heights is section 22. Section 22 states:
“The designer must ensure, so far as is reasonably practicable, that the plant, substance or structure is designed to be without risks to the health and safety of persons who carry out any reasonably foreseeable activity at a workplace in relation to inspection, operation, cleaning, maintenance or repair of plant.”
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This duty is intended to ensure that hazards and risks that may exist in the design of a building are eliminated or controlled in the design phase, including any maintenance where an operator is working at height.
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Work Health and Safety Regulations – The Law Applied
Written to back up the WHS Act with ‘Model’ laws and regulations, the WHS Regulations are the WHS Act in more detail and show how it can be implemented with the model regulations.
These Regulations are intended to protect the safety of workers, reduce compliance costs for businesses and government and improve efficiency for health and safety regulators.
Codes Of Practice – The ‘How’
These are publications put out by state-specific government regulators, often known as Work Safe or Work Cover. There is a national body as well, known as Safe Work Australia.
The Codes of Practice provide how a maintenance task can be carried out safely when working at height
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The Code of Practice that apply to Safe Work at Height are as follows:
Code of Practice – Managing the Risk For Falls at Workplaces – Safe Work Australia
Code of Practice – Safe Design of Structures – Safe Work Australia
Code of Practice – Prevention of Falls in General Construction – Safe Work Australia
Code of Practice – How to Manage Work Health & Safety Risks – Safe Work Australia
Australian Standards – The ‘What’
Australian Standards outline what products are needed for maintenance tasks to be carried out safely when working at height, and how those products should be designed, tested and installed to comply.
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The Australian Standards that apply to safe work at height are as follows:
AS1657:2018 – Fixed Platforms, Walkways, Stairways and Ladders
AS/NZS 1891:2020 (4 parts) – Industrial fall arrest systems and devices
AS/NZS 5532:2013 – Single point anchor device – manufacturer requirements*
AS/NZS ISO 22846:2020 (2 parts) – Industrial rope access systems – abseil (previously AS/NZS 4488)
*Although these standards only apply to manufacturers, it is important for those installing and specifying a system to ensure it complies and has been tested to all Australian Standards.
Industry Codes – Industry Best Practice
Industry Codes are publications produced by an association known as WAHA (Working At Heights Association). WAHA is made up of multiple industry bodies and representatives including Manufacturers, installers, operators, building owners and many more.
Industry Codes play a crucial role in setting up the best practices for selecting and installing a safe work at height solution. They provide further detailed information on the Australian Standards and Code of Practice and offer practical and pictorial demonstrations on how to apply them in product design, selection, and installation.
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