The obligation
The CoP is an approved code of practice under s274 WHS Act 2011 (NSW). Compliance with it is admissible evidence of compliance with the WHS Act/Regulation; non-compliance shifts the evidential burden.
Approved under s274 WHS Act 2011 (NSW), the CoP carries the evidential weight provided by s275: a duty-holder who follows it is taken to have complied with the relevant duty. A duty-holder who does not follow the CoP must demonstrate compliance by an equally or more effective means. SafeWork NSW may use non-compliance as evidence in prosecution proceedings. Note: s26A WHS Act 2011 (NSW), which commenced 1 Jul 2026, elevated approved CoPs to minimum performance standards statewide.
- What
- The CoP is an approved code of practice under s274 WHS Act 2011 (NSW). Compliance with it is admissible evidence of compliance with the WHS Act/Regulation; non-compliance shifts the evidential burden.
- Source
- safework.nsw.gov.au
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legal framework
s274
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approved code of practice
Official sources
Frequently asked questions
Which WHS law does this come from?
Legal framework: CoP approved under s274 WHS Act 2011 (NSW) is a WHS requirement set out in Preparation of safety data sheets for hazardous chemicals (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is WHS Act 2011 (NSW) > CoP: Preparation of SDS for Hazardous Chemicals § s274–s275 WHS Act 2011.
What does this WHS obligation require?
Legal framework: CoP approved under s274 WHS Act 2011 (NSW) is a WHS obligation under Preparation of safety data sheets for hazardous chemicals (NSW). In short, The CoP is an approved code of practice under s274 WHS Act 2011 (NSW). Compliance with it is admissible evidence of compliance with the WHS Act/Regulation; non-compliance shifts the evidential burden.
What changed recently?
Legal framework: CoP approved under s274 WHS Act 2011 (NSW) was last updated on 13 August 2026.
