Code of Practice — Construction Work

The full title is the Code of Practice: Construction Work, published by Safe Work Australia and adopted by each harmonised state and territory regulator. The code applies to all construction work as defined in the WHS Regulation, which includes building, civil construction, demolition, excavation, tunnelling, and related preparatory and finishing work. From 1 July 2026, Section 26A of the WHS Act makes compliance with this code mandatory in all harmonised jurisdictions. The code covers planning and managing construction projects, site security and access control, housekeeping and amenities, specific hazards including falling objects, structural collapse, and proximity to traffic, and the requirements for Safe Work Method Statements for high-risk construction work. Principal contractors have additional obligations under the code relating to WHS management plans, coordination of multiple PCBUs, induction processes, and signage. The code cross-references several other codes of practice that address specific hazards encountered in construction, including falls, excavation, demolition, confined spaces, and plant risks.

The Code of Practice for Construction Work applies to every person who has a health and safety duty in relation to construction work. This includes PCBUs who commission or manage construction projects, principal contractors appointed under the WHS Regulation for projects above the notification threshold, subcontractors and self-employed tradespersons performing construction work, designers of structures and designer-specified construction methods, manufacturers and suppliers of plant and materials used in construction, and workers who carry out construction activities. The code's obligations scale with the level of control and influence each duty holder has over the work. Principal contractors bear the broadest obligations because they have the greatest capacity to influence site-wide safety outcomes. Subcontractors and self-employed tradespersons must comply with the code's requirements for their specific scope of work, including the preparation of SWMS for high-risk construction work and the implementation of task-specific risk controls. Workers must comply with reasonable instructions and cooperate with WHS measures implemented under the code.

The code establishes requirements across the full lifecycle of a construction project. Before work commences, PCBUs must conduct systematic hazard identification and risk assessment covering all construction activities, develop Safe Work Method Statements for every item of high-risk construction work as defined in the WHS Regulation, prepare site-specific WHS management plans for notifiable projects, and ensure that workers hold current high-risk work licences for activities requiring them. During construction, the code requires implementation of the hierarchy of controls for each identified hazard, provision of welfare facilities including toilets, drinking water, washing facilities, and first aid equipment proportionate to the site population, maintenance of site security to prevent unauthorised access, management of traffic and pedestrian interaction, protection against falling objects, and coordination of overlapping work activities between multiple PCBUs. The code also specifies requirements for plant and equipment used on construction sites, including verification of competency for operators, pre-start inspections, maintenance records, and exclusion zones.

PCBUs should take five steps before 1 July 2026 to ensure compliance with the binding code. First, obtain the current version of the Code of Practice for Construction Work from your state regulator and conduct a clause-by-clause gap analysis against your existing safety management system, SWMS library, and site-specific procedures. Second, update SWMS templates to align with each applicable requirement of the code, ensuring that control measures reference specific code clauses rather than generic statements. Third, review induction programs and toolbox talk content to incorporate the binding code obligations, ensuring that all workers understand that code compliance is now a legal requirement rather than a recommended practice. Fourth, audit current construction sites against the code's requirements for housekeeping, amenities, access control, plant management, and emergency preparedness, and close any identified gaps. Fifth, implement a documented review process that ensures new projects are planned and managed in accordance with the code from the outset, with code compliance integrated into tender documentation, subcontract conditions, and project management workflows.

After 1 July 2026, failure to comply with the Code of Practice for Construction Work will constitute a standalone offence under the WHS Act. This means a PCBU can be prosecuted solely for failing to follow the code, without the regulator needing to prove that a worker was exposed to risk. The available penalties include Category 3 maximum fines of $346,300 for a body corporate and $86,575 for an individual where no person was exposed to risk, and Category 2 maximum fines of $1,731,500 for a body corporate and $346,300 for an individual where a person was exposed to risk of death, serious injury, or serious illness. Where non-compliance with the code is coupled with reckless conduct, Category 1 penalties apply with maximums of $18,513,000 for a body corporate and $3,085,500 for an individual plus five years' imprisonment. Improvement and prohibition notices can be issued for code non-compliance, and a pattern of non-compliance documented through multiple notices strengthens the evidentiary basis for prosecution. All penalties are uninsurable in NSW since 10 June 2020.