Trainers Notes This package provides an overview of the major issues likely to impact on Group Training Organisations with the Introduction of the new.

Trainers Notes This package provides an overview of the major issues likely to impact on Group Training Organisations with the Introduction of the new Work Health and Safety Act.

NSW Work Health Safety Regulations
Module: Construction Specific Requirements Workbook p38

WHS Regulations Chapter 6 CONSTRUCTION WORK
CHANGES Definition of construction work Principal Contractor duties Construction induction Duties of designers of structures Work near underground essential services The following has been moved into the chapter on Plant & Structures Overhead protective structures Structural collapse Safe lowering of materials Trainers Notes: Construction Explain Requirements relating to construction work are set out in chapter 6 of the WHS Regulations. The WHS Regulations maintains many of the central features of the current NSW OHS Regulation. In most instances if you continue to manage construction work as you have done since 2001 you are likely to be able to readily comply with the requirements set out in this part of the WHS Regulations. Some of the changes to note include: There are changes to the definition of construction work. The requirement to appoint a principal contractor is narrower in the WHS Regulations. The requirement is now linked to a construction project that costs $250,000 or more and is no longer directly linked to high risk construction work. The definition of high risk construction work is under Clause 291 of the WHS Regulations and includes construction work that involves a risk of a person falling more than 2 metres. New design duties covering both the construction and the intended use of the structure. Site induction is not prescribed but covered generally. There are also some notable exclusions from the construction chapter that have now been moved in to Chapter 5 Plant & Structures. These include prescriptive provisions related to overhead protective structures, structural collapse, safe lowering of materials and scaffolding. Workbook p38

Definition of Construction Work
Construction work means “any work carried out in connection with the construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure” Trainers Notes: Construction Explain: The definition of construction work is specified in Part 6.1 of the WHS Regulations. It is important to understand the breadth of this definition and to recognise that it covers all aspects of work connected with a “structure”. The WHS Act defines a structure as “anything that is constructed, whether fixed or moveable, temporary or permanent, and includes: (a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and (b) any component of a structure; and (c) part of a structure.” Example Examples of structures include: A roadway or pathway Foundations, earth retention works and other earthworks Formwork, falsework or any other structure designed or used to provide support, access or containment during construction work. A sewer or sewerage or drainage works Workbook p38

Construction Work Includes activities connected with:
Any installation and testing related to construction The removal of demolition waste Prefabrication or testing of elements for use in construction Assembly/disassembly of prefabricated elements of a structure Installation, testing ,maintenance of an essential service Excavation or any preparatory work or site preparation Construction activity carried out on, under or near water Trainers Notes: Construction Examples Examples of construction work may include activities such as: Preparatory site clearing, benching or levelling done before construction Soil-testing the ground for design purposes before construction of a building or structure Building, fitting out or refitting an office building Traffic control on a construction site Installing an air-conditioning system Assembling or disassembling temporary fencing for a building site Installing an alarm system in a building during the fit out phase of its construction Loading trucks, waste bins and rubbish skips with demolition waste Undertaking on-site concrete batch testing Constructing a factory using precast concrete panels Roughing-in telephone, television and internet cables Dredging to prepare for the erection of a structure Workbook p39

Construction Work does NOT include:
The manufacture of plant, including fixed plant Prefabrication of elements off site for use in construction The construction or assembly of a structure to be transported to another place Testing, maintenance or repair work of a minor nature connected with a structure Mining or the exploration for or extraction of minerals Trainers Notes: Construction Explain In addition to specifying what is construction work, Part 6.1 of the WHS Regulations also specifies exactly what is not construction work. Examples of what is not covered by construction work include activities such as: Making concrete panels and roof trusses at a workshop of an employer who is not involved in the construction project Routine servicing or minor repair of an air-conditioning system or solar power unit Routine maintenance of plant Replacing the carpet in an office Extracting sand or rock from a quarry or an open-cut mine Workbook p39

Activity 7 HIGH RISK CONSTRUCTION WORK MAY INVOLVE:
Potential to fall > 2m Confined space In or near tunnels Work near pressurised gas Tilt-up, pre-cast concrete Extremes of temperature Work on telecommunications tower Work needing temporary support Demolition of a load-bearing element of a structure Work near electrical installations Work near moving plant Work on or near water Disturbance of asbestos Work near contaminated or flammable atmosphere Use of explosives Work near traffic corridors Diving Trainers Notes: Construction Explain: The detailed definition of “high risk construction work” is provided in the WHS Regulations in Clause 291. The following are examples of high risk construction work – Ask participants if they would include these on their high risk list Installing an evaporative cooler on the roof of a double-storey building Installing equipment on a telecommunications tower Cutting or drilling into an asbestos cement sheet wall Using props to support a ceiling where a load-bearing wall will be removed Connecting a new sewer to an existing sewer main in a 3-metre trench Laying or repairing pipes and conduits in a 2-metre trench Blasting in preparation for the construction of a building or road Working near overhead or underground power lines Decommissioning plant and removing pipe work that may contain residue of hazardous substances Building a factory using tilt-up panels Building a footbridge over an operational rail line Construction work in an operating cool room or freezer Restoring a wharf Workbook p40 & 41

WHAT IS A CONSTRUCTION PROJECT
WHO IS THE PRINCIPAL CONTRACTOR WHAT IS A CONSTRUCTION PROJECT A construction project is a project that involves construction work where the cost of the construction work is $ or more The PCBU that commissions a construction project is the principal contractor Trainers Notes: Construction. Explain The new WHS Regulations makes it possible for the person commissioning a construction project to be the principal contractor or to engage a PCBU to be the principal contractor provided that they authorise the person to have management or control of the workplace. A principal contractor could be an individual such as a self employed builder or a company. The value of a construction project will generally be the amount set out in the project’s contract or other agreements. A construction project has only one principal contractor at any specific time. If the owner of a residential premises engages a PCBU to undertake a construction project in relation to that premises, the person so engaged is the principal contractor for the project if that person has management or control of the workplace.

Duties of PCBUs Undertaking Construction Work
Additional duties of PCBUs who have control or management of the workplace under the WHS Regulations Manage risks associated with carrying out the construction work Secure the workplace from unauthorised access Trainers Notes: Construction: Explain: A principal contractor, as the person who has control or management of the workplace, must comply with Section 20 of the WHS Act (relates to the duties of a PCBU involving the management or control, in whole or in part, of the workplace). The WHS Regulations restate this duty and in addition, require the PCBU to manage risk associated with the carrying out of construction work in line with the general management of risk requirements covered in Part 2.1 of the regulations. The person who has control or management of the workplace must also ensure that the workplace at which construction work is carried out, is secured from unauthorised access so far as is reasonably practicable. Example Ensuring unauthorised access to a housing construction site would involve an assessment of the likelihood and possible consequences of access and the use of measures such as fencing to prevent access so far as is reasonably practicable. If access cannot be assured then measures to isolate or control hazards on site (e.g. locking equipment in a secure on-site container). Fencing should meet standards such as: be of a suitable height to deter entry, for example 1.8 metres high be difficult to climb be difficult to gain access underneath be stable and able to withstand anticipated loads, and gates and joints in the fence should be secure and not present a weak point for entry. Further Information WorkCover NSW: OH&S guidance for house builders site security and public access onto housing construction sites

Further Specific Duties of PCBU
If carrying out high risk construction work prepare and monitor compliance with a Safe Work Method Statement If carrying out excavation work obtain current underground essential services information, before commencing the work If excavating a trench of at least 1.5m deep; secure from unauthorised/inadvertent entry Trainers Notes: Construction Explain If high risk construction work is being done, the PCBU must prepare a Safe Work Method Statement (SWMS) that outlines the hazards involved, the risk controls to be used and a process to review the risk controls. In respect of the SWMS, the PCBU must also monitor compliance, train workers in its use and update and keep a record of it. If work is not carried out in accordance with the SWMS, the PCBU must stop work and only resume when work can comply with the SWMS requirements. When carrying out excavation work, there is a regulatory requirement to obtain current information about underground essential services, such as that provided by the “Dial before You Dig” program. The trenching provisions require measures to ensure that the work area is secured from unauthorised access and that to minimise the risk of collapse that sides of the trench are supported by one or more of the following measures: shoring by shielding or other comparable means benching; battering. Example Underground essential services could include: Electrical Cables - High Voltage, Low Voltage Communications Cables - Phone lines, Co-axial cables, Data cables, Signalling cables Water mains and services – Pits, Valves, Connections Sewerage mains and services – Pits, Tunnels, Valves, Connections Gas pipelines – Transmission, Distribution Further Information WorkSafe Victoria: Guide for Undertaking Work near Underground Assets

Safe Work Method Statements
Safe Work Method Statements (SWMS) are required for ALL HIGH RISK CONSTRUCTION WORK and must be prepared before work commences. SWMS must: Identify work that is high risk construction work Specify hazards and risks associated with that work Describe measures to control risks Describe how the risk control measures are to be implemented, monitored and reviewed Trainers Notes: Construction Explain: The WHS Regulations has a more specific trigger for safe work method statements (SWMS) than that found in the current NSW OHS Regulation (where high risk construction work is only one of the triggers for a SWMS). Under the WHS Regulations, a PCBU is required to develop a safe work method statement if they will be engaged in “high risk construction work”. This must be done before the high risk construction work commences and can be prepared by the PCBU or by another person. A safe work method statement must be set out and expressed in a way that is readily accessible and understandable to anyone who may use it. An SWMS is a document that: • lists the types of high-risk construction work being done • states the health and safety hazards and risks arising from that work • describes how the risks will be controlled, and • describes how the risk control measures will be put in place. Example A SWMS needs to be reviewed in line with Clause 22 of the Managing Risk part of the regulation such as a change in circumstances that gives rise to a new risk. An example of this would include: using different or more powerful explosives given changing ground conditions changing the type of plant being used on site in response to an incident on site Further information NSW Government: Guideline for service providers in the construction industry How to prepare Site-specific Safety Management Plans and Safe Work Method Statements

Safe Work Method Statements Compliance
PCBU must give a copy to the Principal Contractor before work commences PCBU must put in place arrangements to ensure SWMS is followed If high risk construction work is not carried out in accordance with the SWMS, the work MUST be: stopped immediately or as soon as safe to do so; resumed in accordance with the statement Trainers Notes: Construction Explain: Before the high risk construction work commences, the PCBU must give a copy of the SWMS to the principal contractor. The person conducting a business or undertaking that includes the carrying out of high risk construction work must put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement for the work Example Monitoring compliance with SWMS may include: Daily pre-start up checks Site walks Site Inspections Toolbox talk Formal reviews of SWMS undertaken regularly for works of a repetitive nature. Further information NSW Government: Guideline for service providers in the construction industry How to prepare Site-specific Safety Management Plans and Safe Work Method Statements

Additional Duties of a Principal Contractor on a Construction Project
Install signage identifying the principal contractor and their contact details Prepare a written WHS Management Plan before work commences Inform each person of content of WHS Plan and its relationship to their work Obtain a Safe Work Method Statement from each PCBU before high risk construction work begins Review and revise WHS Plan and keep copies until the completion of the project or for two years following a notifiable incident Trainers Notes: Construction Explain Signage must be displayed that includes the identity of the principal contractor, their contact details and the location of the site office. The sign must be visible from outside the site. The principal contractor must prepare a written WHS management plan for the workplace before work on the project commences. The WHS management plan must cover the elements described in the regulations (Clause 309) and make it available to and understood by persons working on the project. The principal contractor must, before any high risk construction work commences on a construction project, take all reasonable steps to obtain a copy of the safe work method statement relating to that work from each person conducting a business or undertaking that is to carry out high risk construction work. The plan must be kept up to date and kept for the life of the project. If a notifiable incident occurs in connection with the construction project to which the plan relates, the plan must be kept for at least 2 years after the incident occurs. Example A WHS Management Plan would typically cover issues such as: responsibilities for safety management details regarding management of subcontractors incident and accident reporting procedures processes for employer/employee consultations safety requirements for proposed plant and equipment approach to management of identified major areas of hazard or risk and proposed control measures traffic management arrangements arrangements for protecting the public — including visitors to the site site security emergency preparedness and response plans. Further Information Federal Safety Commission: Fact Sheet - An introduction to subcontractor OHS management Federal Safety Commission: Case Study - Site safety management plan

Principal Contractor must manage risks associated with:
Storage, movement and disposal of materials and waste Storage of plant that is not in use Traffic management in the vicinity of workplace Essential services at the workplace Site Security Trainers Notes: Construction Explain The principal contractor for a construction project must ensure so far as is reasonably practicable, that the specific issues listed on the slide are without risks to health and safety. Some of these requirements restate what is included in other parts of the regulations (e.g. plant and essential services). These matters would normally be covered in the WHS management plan. Example When assessing the risks in undertaking bridge work on existing roads, factors to consider would include: Keeping pedestrians and vehicles apart Minimising vehicle movements People on site Turning vehicles Visibility Possible control measures would include: Road closures Footpath closures Detours Signs Traffic controllers Further Information Queensland DEIR Code of Practice: Traffic Management for Construction or Maintenance Work Federal Safety Commission: Case study - Safer construction - Working with underground utilities

Regulatory Duties of a Principal Contractor
General workplace management First aid Emergency plans Provision of personal protective equipment Management of airborne contaminants Management of risks from hazardous atmospheres Storage of flammable or combustible substances Management of risks of falling objects Management of risks of falls Trainers Notes: Construction Explain The principal contractor for a construction project must put in place arrangements for ensuring compliance at the workplace with the issues listed on the slide. Again these are obligations on all PCBUs and may to some extent be shared with sub contractors on site, but the principal contractor must ensure that these provisions are covered on the construction project. Example Examples of falling object prevention measures in construction work include: Providing a secure barrier. Using screening nets Using catch platforms Using waste disposal chutes Providing a safe means of raising and lowering objects. Providing an exclusion zone persons are prohibited from entering. Further Information Safe Work Australia: Draft Code of practice Facilities for Construction Sites Safe Work Australia: National Code of Practice for the Prevention of Falls in Housing Construction

Person who commissions work MUST
Consult with the designer about how to ensure risks arising from the design during construction work are: Eliminated, so far as is reasonably practicable, or Minimised, so far as is reasonably practicable Give the designer and the principal contractor information regarding hazards and risks Trainers Notes: Construction Explain: The WHS Regulations defines specific obligations for persons in relation to the design of structures. These are new duties not currently found in the NSW OHS Regulations. The WHS Regulations require a person who commissions work, to consult with the designer about how to ensure that risks to health and safety arising from the design during the construction work are eliminated or minimised, so far as is reasonably practicable. Consultation must include giving the designer any information the PCBU commissioning the construction work has, in relation to the hazards and risks at the workplace where the construction work is to be carried out. In turn the WHS Regulations detail specific obligations for the designer to provide a written report that specifies the hazards associated with the design of the structure. Example The PCBU could provide the designer with information about the following: common hazards of the project (working at height, traffic management etc) proximity to adjacent property or nearby roads surrounding land use clearances required for construction equipment and techniques proximity to underground or overhead services — especially electrified lines materials to be used in construction site conditions — including foundations, and construction over other assets or over water safety of the public safe operation and maintenance of the facility/structure after commissioning. Further information NSW WorkCover : CHAIR Safety in Design Tool WorkSafe Victoria: Designing Safer Buildings and Structures

Design Safety Report Must account for: maintenance, refurbishment,
demolition and dismantling of a structure Must specify hazards that may create risks not only during initial building but to workers who undertake maintenance or demolition work in the future Trainers Notes: Construction Explain: Part 6.2 of the WHS Regulations expands on these obligations by requiring designers of structures to consult with and provide a safety report that sets out the hazards that are associated with the design, to the person who commissions the work. Because construction work includes maintenance, refurbishment, demolition and dismantling of a structure, the designer’s safety report will need to specify hazards specific to that design that may create risks not only during initial building but also to workers who may undertake maintenance or demolition work in the future. Example The report provided by a designer could cover issues such as: use of prefabricated elements which can be made under safer factory conditions and which reduce construction times and therefore limit exposure to risk selection of durable and non-hazardous materials specification of sufficient tolerances and features to aid safe alignment and initial connection of structural elements designing features to avoid dirt traps which use non-corrosive materials to reduce the need for cleaning and maintenance designing so that building maintenance can be performed at ground level or safely from the structure, designing safe access and sufficient space to undertake building and plant maintenance activities. Further information NSW WorkCover : CHAIR Safety in Design Tool WorkSafe Victoria: Designing Safer Buildings and Structures

General Construction Induction
PCBUs must ensure that: general induction training is provided to relevant workers workers have been trained before directing or allowing a worker to carry out construction work Workers must: keep their general induction training card available for inspection Trainers Notes: Construction Explain As included in the existing requirements, the WHS Regulations require all persons who propose to carry out construction work to have completed general induction training, as evidenced by a general induction card. The WHS Regulations also stipulates requirements for the issuing and replacement of the general induction card and on the role of Registered Training Organisations (RTO) in the process. There are no specific requirements for the principal contractor to conduct a site induction for all workers on the site before they commence work, although the WHS Plan (which is required for a construction project) refers to site specific rules. Similarly the general provision on training requires training on the nature of the risks associated with the work at the time the information, training or instruction is provided. Example A typical site induction would cover issues such as: Establishing proof of the person’s general construction induction training Ensuring that the person has been taken through relevant safe work method statements for the tasks to be performed Checking the person has the correct PPE available Outlining emergency plan arrangements Outlining First Aid arrangements Introducing the person to their site Health and Safety Representative(s) Showing the person where the amenities (including toilets and drinking water) are located Explaining the procedures for reporting incidents, injuries and hazards Explaining the site health and safety rules Further information Safe Work Australia: Induction for Construction Work

Model Codes of Practice - Construction
Managing Risks in Construction Work Excavation Work Preventing Falls in Housing Construction Demolition Safe Design of Building and Structures Trainers Notes: Construction Explain There are a number of construction focused Codes of Practice which are likely to provide specific guidance on more specific hazard management approaches. Until these National Codes of Practice are endorsed existing NSW Codes of Practice can be used to provide practical guidance. Example The current NSW Tunnels Under Construction Code of Practice can continue to provide practical guidance on the relevant duties in the WHS Regulations. For example the code gives guidance on the following matters covered in the WHS Regulations: WHS plan Site Security Induction Design Atmospheric contaminants Plant Further information Safe Work Australia: Codes of Practice Fact Sheet NSW WorkCover website (

Activity 8: Case study 1 The contract value is less than $250k so the subcontractors job is not a construction project and the sub contractor does not have principal contractor duties The sub contractor does not have to prepare a WHS plan but will have to work within the plan provided by the principal contractor As the work is high risk construction work the sub contractor will need to prepare SWMS relevant to their specific tasks Workbook p42

Activity 8: Case study 2 The off site prefabrication work is not construction work The dismantling of prefab buildings is construction work For the dismantling work the PCBU would have additional duties such as managing the risks of construction work and preventing unauthorised access. Workbook p43

Trainers Notes This package provides an overview of the major issues likely to impact on Group Training Organisations with the Introduction of the new.

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Trainers Notes This package provides an overview of the major issues likely to impact on Group Training Organisations with the Introduction of the new.

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