Compliance code: Excavation

What it contains

The Code was developed by WorkSafe Victoria (WorkSafe). Representatives of employers and employees were consulted during its preparation. It was made under the OHS Act and approved by Robin Scott MP, Minister for Finance.

Duty holders under the OHS Act and OHS Regulations should use the Code together with this legislation. This Code replaces the Code of Practice (No.8) – Safety precautions in trenching operations (1988), which is no longer in force and effect.

It is recommended that you follow the compliance code. If you comply with a code, you are deemed to comply with the Act or Regulation duty covered by the code. However, codes are not mandatory and duty holders may choose to use some other way to achieve compliance.

While the guidance provided in the Code is not mandatory, a duty holder who complies with the Code will – to the extent it deals with their duties or obligations under the OHS Act or OHS Regulations – be taken to have complied with those duties or obligations.

If conditions at the workplace or the way work is done raise different or additional risks not covered by the Code, compliance must be achieved by other means. WorkSafe publishes guidance to assist with this at worksafe.vic.gov.au.

Failure to observe the Code may be used as evidence in proceedings for an offence under the OHS Act or OHS Regulations. However, a duty holder will not fail to meet their legal duty simply because they have not followed the Code.

A WorkSafe inspector may cite the Code in a direction or condition in an improvement notice or prohibition notice as a means of achieving compliance.

A health and safety representative (HSR) may cite the Code in a provisional improvement notice when providing directions on how to remedy an alleged contravention of the OHS Act or OHS Regulations.