WorkSafe finally stirs on industry supported ACOP

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It is heartening to see that shortly after the 2026 Yearbook of Industrial Safety News (ISN) appeared, WorkSafe launched three draft Approved Codes of Practice (ACOP). ISN had noted the apparent inertia in WorkSafe to 2025 directives from Minister for Workplace Relations Brooke van Velden for industry-led ACOP to provide certainty of compliance and open the market to smaller players bound in a mire of expensive red compliance tape enforced by a punitive regulator

Workplace Relations and Safety Minister Brooke van Velden

It is encouraging to see something is underway to meet the minister’s ambitions. It certainly wasn’t there in WorkSafe’s 2025–2029 Statement of Intent although “this new guidance reflects the strategic direction set out [in the  Statement of Intent] which focuses on educating and engaging businesses,” the crown agency says.

 WorkSafe has released a draft of three ACOP.

Approved code of practice for roles and responsibilities in residential construction

Approved code of practice for roles and responsibilities in agriculture

Approved code of practice for safe use of farm vehicles and machinery

 “Once confirmed, we will share information about the public consultation process. For all three draft codes of practice, this is being planned for 20 April to 10 May 2026. We’re currently finalising what that consultation will look like.”

 “We are working towards providing the completed draft ACOPs to the Minister for her approval, by 30 June 2026. This will follow drafting, testing and public consultation phases.”

By our reckoning, that allows a 14-working day public consultation process, taking Anzac Day into amount.

 WorkSafe says “some of you receiving this email are already closely involved in this work through our Reference Groups, Working Groups, or Industry Advisory Guidance Group.

 Reference Groups:Made up of people representing key industry organisations in each sector. In Construction that includes Master Builders, Master Plumbers, CHASNZ, and Site Safe. For Agriculture, we’re working with organisations including Safer Farms and Federated Farmers. Each group also includes WorkSafe subject experts and people directly engaged in the work, such as farmers and builders/tradespeople.

  • This group provides an extra layer of robustness in the ACOP development by testing assumptions, providing sense checks during the guidance development process, and checking we’re staying aligned on scope. They will also provide channels to the people we want to connect to.

Working Groups: We’ve established sector-specific groups for detailed engagement, enabling timely feedback and real-world content validation. Members contribute on specific topics and attend workshops to discuss and resolve issues, as well as shape and provide feedback on draft content.

  • Industry Guidance Advisory Group: Our team regularly checks in with WorkSafe’s Industry Advisory Guidance Group to gather early feedback on ACOP development. This group is made up of representatives from across the wider Health and Safety System, with a strong industry focus. They provide constructive insights throughout the process, including examples of consultation approaches that have worked well in other contexts.
  • Public consultation: We will plan and deliver both formal and informal consultation opportunities to gather broad and detailed input from the sector.

We have WorkSafe subject matter experts working across all these groups.

 What is an approved code of practice?

An ACOP sets out standards for how duty holders can comply with the Health and Safety at Work Act 2015 (HSWA) and regulations.

 It differs from other types of HSWA guidance in three ways:

  • An ACOP can be used as evidence of whether or not a duty or obligation under HSWA has been complied with.
  • It is approved by the Minister for Workplace Relations and Safety.
  • Consultationwith people affected must be included in the development of an ACOP.

 It isn’t mandatory to follow an ACOP, but it sets a [performance]standard for compliance. You can meet your duty another way, as long as it is equivalent or better than the standard set out in the ACOP, says Worksafe.

 Often overlooked is that compliance is only part of ensuring a safe workplace. Importantly, ACOPs also provide performance standards for training and enforcement, avoiding increasingly subjective and frequently disputed site performance assessments and certification requirements.

The safe management and use of workplace chemicals cross all industry sectors yet is largely absent from the WorkSafe narrative. Furthermore, the collective expertise and international connections of our national chemical association which developed key Approved HSNO codes does not appear to be included in the various WorkSafe Reference groups, Working groups and the Industry Guidance Advisory Group. 

 Multinational and local chemical suppliers implementing the global Responsible Care initiative demonstrate the highest standards of health, safety and environmental protection in their daily performance.  They have a great deal to offer as role models for safe chemical management. 

Industry Approved Codes are an essential contribution to helping SMEs navigate increasingly complex and often confusing regulations involving hazardous substances. Updated chemical management codes are an invaluable, user-friendly contribution which can be prioritised.

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